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Nursing homes can't take your federal stimulus check, Cameron warns residents

Lexington Herald-Leader - 6/16/2020

Jun. 16--Attorney General Daniel Cameron warned elderly Kentuckians Tuesday that nursing homes and assisted living facilities do not have the right to confiscate their federal stimulus checks.

In a news release, Cameron said Medicaid recipients living in nursing homes and assisted living facilities could be more susceptible to financial exploitation while isolated from family during COVID-19.

He said federal stimulus checks, such as through the CARES (Coronavirus Aid, Relief and Security) Act, are not required to be surrendered. Often, Medicaid beneficiaries must sign over financial resources, including Social security or pension funds, to nursing homes or assisted living facilities.

But the current federal stimulus checks are different, he said.

"Under the CARES Act, Congress designated federal stimulus checks as a tax credit, and according to tax law, credits do not count as 'resources"' for federal benefits programs like Medicaid," said Cameron.

"While Medicaid beneficiaries may choose to apply their stimulus checks toward facility care, these funds may not be seized by nursing homes or assisted living facilities," he said.

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"If you or someone who know is a Medicaid recipient and was forced to forfeit their stimulus checks to a care facility, we encourage you to report the incident to our office," said W. Bryan Hubbard, executive director of Cameron's Office of Medicaid Fraud and Abuse Control

Any confiscation of stimulus funds can be reported to the Attorney General's Elder Abuse and Medicaid Fraud Hotline at 1-877-228-7384.

Camerson also recommended filing a complaint online with the Federal Trade Commission at ftc.gov/complaint.

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