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Property Information You Need To Know When Applying for ALTCS
TEFRA LIENS
Effective September 11, 2004, AHCCCS has chosen to implement their right to place TEFRA liens against the real property of certain permanently institutionalized nursing home members.AHCCCS files liens against property to recover the cost of AHCCCS benefits upon the member’s death or the sale or transfer of the property.Liens can be placed against both home and non-homestead property. AHCCCS seeks to collect the total amount of AHCCCS costs during the timethe ALTCS member was on the program.Costs to be recovered include capitation payments, Medicare Part A & B premiums, co-insurance, deductibles, reinsurance, fee-for-service payments, and any other payments made by AHCCCS.
If the ALTCS member is currently residing in a nursing facility and has been for at least 90 consecutive days, is age 55 or older, and cannot reasonably be expected to be discharged to return to his or her own home, ALTCS will have a lien imposed against their home or other real property unless an exception exists. EXCEPTIONS (ALTCS will not place a lien or the lien will not be enforced):
Members of federally recognized Indian tribes (Native Americans)
ALTCS member has a surviving spouse
ALTCS member has a child under the age of 21
ALTCS member has a child of any age who is blind or permanently and totally disabled
ALTCS member has a sibling who was living there for at least a year before the ALTCS member was admitted to the facility
ALTCS member has a child living there for at least two years before the ALTCS member was admitted to the facility and that child provided care to the customer which allowed the ALTCS member to stay out of an institution* (*must be documented to the state’s satisfaction)
Please note that if an ALTCS member is discharged from a facility and returns to his or her own home on a permanent basis, the TEFRA lien will be removed. Since the placement of a lien can affect whether or not a person decides to pursue ALTCS, you may want to consider referring them to ALTCSPlanning.net for their initial evaluation to educate them about the information available to them for spend down before applying for ALTCS.
If you have questions about this policy or would like to review the estate recovery brochure, please contact us at 480/464.4968.
ALTCS Planning.net is not affiliated with AHCCCS / ALTCS / VA.
ALTCS Planning.net is a private consulting firm.
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(DBA: ALTCS Planning.net) and Montgomery & Associates, Inc. (DBA: ALTCS Planning.net) makes no warranty of any kind, whether express or implied, with respect to any information provided on this website. Montgomery & Associates, Inc. (DBA: ALTCS Planning.net) assumes no liability for any errors or omissions in the content on this website and the information provided is not to be construed as legal advice. The information is intended to provide a general, factual overview of legal documents and planning options available. For legal matters you should always seek counsel of a qualified attorney licensed in your jurisdiction. Use of any information on this website is at your own risk.
**IMPORTANT NOTICE**
Our CLDP, Carol Aragon-Montgomery, prepares legal documents.OUR CLDP IS NOT AN ATTORNEY AT LAW AND IS NOT EMPLOYED BY ATTORNEYS AT LAW AND CANNOT GIVE LEGAL ADVICE.Your communications with our CLDP are kept CONFIDENTIAL by our CLDP, but since our CLDP is not an attorney at law, such communications are NOT PRIVILEGED (i.e., immune from Subpoena). Our CLDP can give you general factual information pertaining to legal rights, procedures, or options available to you in a legal matter when you are not represented by an attorney.Our CLDP cannot give you specific legal advice, opinions, or recommendations about your legal rights, remedies, defenses, options, or strategies. Please note that the Long Term Care Planning Services are of a financial planning nature and are not specific "legal" advice. Prices subject to change without notice.
