Elder Law Answers
What's the Best Way to Protect a House From Medicaid -- Gift or Trust?
My parents are getting older and they want to make sure their home is not taken from them if they should end up in a...
Read moreWhat's the Process for Claiming a Child Caregiver Exemption?
- April 19th, 2023
Q
What's the process for claiming the child caregiver exemption once you submit the request to Medicaid? Do they approve? If so, who actually completes the transfer?
A
You will need to ask your state Medicaid agency because this could be different from state to state. However, as an example, in my state, the Medicaid agency does not provide prior approval. Instead, the Medicaid recipient or applicant effects the transfer and informs the Medicaid agency along with an explanation as to why it qualifies for the caretaker child exception, along with supporting documentation. If there’s a denial as a result, then they have to go to a fair hearing at which it may be possible to present additional documents.