Passage of HB 216 will take the Medicaid system out of the criminal area, and put it back into civil law. As always, it will still be illegal to give away large amounts of money, expecting to get free tax-sponsored nursing home care. Manipulation of the Medicaid system has always been risky business. Many people wrongly believe they can give away their savings and immediately qualify for Medicaid. That was never the case.
Federal law imposes a disqualification period if assets are given away.
But with the new law that took effect January 1st, a criminal penalty was added on top of the disqualification period. Most people agree the new law went too far. If you support its repeal, contact Congress now. T his column answers a specific legal question offered by an individual in the South Texas area. The answer may or may not match your individual situation.