By Peter Reiss
Nursing Homes/Assisted Living Facilities Not Entitled to Stimulus Check
The US Federal Trade Commission (FTC) has alerted residents at nursing homes (NHs) and assisted living facilities (ALFs) who are on Medicaid that, while some facilities are requiring residents to sign over their economic stimulus checks to the facility, the facilities are not entitled to these funds.
Apparently, some NHs and ALFs are claiming that because the funds recipients are on Medicaid, the facilities are entitled to the economic stimulus payments, and are requiring the residents to turn those funds over. This is not lawful. According to the CARES Act, the economic stimulus payments are tax credits, and tax law says that tax credits do not count as “resources” for federal benefits programs like Medicaid. The government may not seize these payments; nor can nursing homes or ALFs.
If your loved one lives in a nursing facility and you are not sure what happened to their stimulus payment, talk with them soon, and consider having a talk with the facility’s management to investigate. If you suspect that the facility has taken the payment, get in touch with the state’s Attorney General’s office and ask them to help you get it back.
This article is not legal advice and is provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction.
