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Oregon Supreme Court Ruling Prompts Families To Try To Recoup Medicaid Payments

<p>Attorney Tim Nay says they&rsquo;re looking for families to come forward to sue the state for wrongfully claimed Medicaid payments.</p>

Kristian Foden-Vencil

Attorney Tim Nay says they’re looking for families to come forward to sue the state for wrongfully claimed Medicaid payments.

When a couple grows old, one spouse often gets sick and needs long-term care — like a nursing home. That can cost $6,000 a month.

To qualify for Medicaid, couples often transfer the title for an asset, like a home, to the other spouse.

In 2008, the state tightened the rule governing asset ownership in an effort to recover more money. Now the Oregon Supreme Court has found that exceeded the state’s authority.

Attorney Tim Nay said they’re looking for families to come forward.

“We think it’s time for the state to give back the money they received illegally from Medicaid families in the past,” he said.

The rule brought in an estimated $10 million a year for Oregon.

By law, the state has to recover Medicaid expenses from an estate once both people are dead.

The Oregon Department of Health And Human Services declined to comment for this story.

Copyright 2017 Oregon Public Broadcasting

Kristian Foden-Vencil is a veteran journalist/producer working for Oregon Public Broadcasting. He started as a cub reporter for newspapers in London, England in 1988. Then in 1991 he moved to Oregon and started freelancing. His work has appeared in publications as varied as The Oregonian, the BBC, the Salem Statesman Journal, Willamette Week, the Canadian Broadcasting Corporation, NPR and the Voice of America. Kristian has won awards from the Associated Press, Society of Professional Journalists and the Association of Capitol Reporters and Editors. He was embedded with the Oregon National Guard in Iraq in 2004 and now specializes in business, law, health and politics.