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“Ms Helpme, upon evaluation of financial documentation submitted for your mother’s LTC Medicaid application on 8/9/2021, please provide a detailed record for the following:
2019 - $5,678.90 in checks to others & $12,345.67 withdrawn in cash
2020 - $11,213.45 in checks to others & $9,876.54 in cash.
In order for the State of Whatever to continue processing her Medicaid application, for each item provide a detailed record of what was paid along with receipts, invoices, personal care contracts, W-9, I-9, W-2 for 2019 & 2020, all IRS filings for 2019 & 2020. All items need to received by State of Whatever within 30 days of your receipt of this letter or the LTC Medicaid application will be removed from the system.”
Then what???
If you think Patsy Lou who has been paid $$ under the table is gonna nicely fill out info now, well imo not gonna happen. That is IF you can even find Patsy Lou now couple years later.
Realize in 2021, mom’s in a NH. LTC NH Medicaid application is done once they become & are a resident in a facility. There has been an admissions application & contract done between her & the NH. If she didn’t sign it then you as her contact on file or next of kin or nearest family member has signed it. Mom is creating a $$$ room & board bill each & every day she is there & once she files for Medicaid is having basically all her retirement &/or SS$ going to the NH as her copay. Mom will on her own have maybe 2k max in assets. Medicaid will send the request for info to you and CC to the NH as well. Ditto on if she should be determined to be ineligible or application is declined or suspended.
Unless you carefully & exactly signed each & every signature on the paperwork as “dpoa in your limited capacity” or whatever it needs be for your states laws on liability to not face the NH coming after you personally to pay mom’s bill, the NH will try to hound you to pay her bill.... and if not paid, then she gets a 30 day Notice from the NH to leave. Medicaid CC on correspondence to the facility puts them on alert that there are issues with the application.
30 Day Notice is very real. NH will not just blithely continue to have her stay at the place. Then what 2.0??
its years from now & mom is even more frail/ ill/ demented/ difficult.
really as others have written, you have to stop paying cash and either hire caregiver thru an reputable agency (who deal with the legal & tax stuff) or your mom hires them as household employees and mom files & pay all the taxes required as such. They can’t be 1099 contract labor. They won’t meet the IRS standards for contract labor
You need to explain to the caregivers that mom will eventually need Medicaid and she can not qualify if their pay is not done legally. You need to protect mom. If they don't understand, are they really good caregivers?
Besides, it is illegal to earn money under the table and it puts you and mom at risk of a lawsuit in the event of an accident or injury. I guarantee that they will not say it's okay if the get hurt on the job, remember you are dealing with people that are potentially/probably committing tax evasion by being paid cash, speaks to their character.
Oh yes, the IRS will make you pay ALL the taxes that should have been withheld and paid, not a pleasurable payment to make.