My father is in a nursing home. The facility says they are entitled to his stimulus check because he is on Medicaid.
The Federal Trade Commission (FTC) has issued a warning to families after several nursing homes have requested residents on Medicaid to sign over their stimulus checks. These facilities have no right to claim a resident’s stimulus check.
FTC Elder Justice Coordinator Lois Greisman says that nursing homes and long term care facilities cannot request or take the stimulus checks, which are considered tax credits per the CARES Act. Those tax credits don’t count as “resources” for federal benefit programs like Medicaid, so the government cannot claim them, and neither can the nursing homes. Greisman advises if the facility took the check already, you should contact your state attorney general to get the funds returned:
“You can go right here to get the federal tax law that says refunds aren’t considered a “resource” in federal benefits programs. And you can click this link to get the Congressional Summary that talks about the funds as tax credits not countable as resources for federal government programs.”
1. Inform the nursing home administrator that the stimulus check is missing and you are filing a complaint.
2. Contact Illinois Attorney General Kwame Raoul at 312-814-3000.
3. File an official complaint with the Federal Trade Commission ftc.gov/complaint.
4. Register a complaint with Illinois’ 24-hour Nursing Home Hotline at (800-252-4343).
5. Contact an elder law attorney to protect the person’s rights and seek compensation.
Nursing home financial abuse is a serious issue in Illinois. Elder law addresses a broad range of legal issues that people encounter as they age. An elder law attorney draws on their experience in numerous areas of the law to help individuals plan for the future and address problems as they arise, such as abuse, financial fraud and medical care; as well as estate planning.
An experienced Illinois elder law attorney can explain applicable laws and advise you on the best options to protect the interests of senior citizens. Contact the Estate & Probate Legal Group at (630) 800-0112.
