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Impact of $1200 Stimulus Check on Medicaid Eligibility

Apr 06 2020

Many of you have asked, on behalf of your residents, what impact the $1200 COVID-19 stimulus checks will have on Medicaid eligibility.   Neither CMS nor the IRS has conclusively answered that in terms of Medicaid, however, we’ve dug deep and believe we can offer the below advice.

Short answer:  The stimulus checks will be excluded from consideration as either income or resources for 12 months from receipt.

Long answer:  The Stimulus funds are considered a tax credit, or more specifically, an advance credit against an individual’s 2020 return per the language of the CARES Act.  IRS Section 6409 provides, in pertinent part “… any refund (or advance payment with respect to a refundable credit) made to any individual… shall not be taken into account as income and shall not be taken into account as resources for a period of 12 months from receipt, for purposes of determining the eligibility of such individual for benefits or assistance… under any Federal program or under any state or local program financed in whole or in part Federal funds.”  Further under federal law, income excluded from eligibility calculations must also be excluded from patient liability calculations; thus the COVID-19 check should not impact your residents’ patient liability/cost share.

Our analysis is consistent with a statement made today by the SSA Commission, that “we will not consider economic impact payments as income for SSI recipients, and the payments are excluded from resources for 12 months.”  Click here for more information.

If you have questions, please do not hesitate to contact Kelly Hayes, at khayes@stotlerhayes.com

Written by Stotler Hayes · Categorized: COVID-19, Medicaid

Stotler Hayes Group, LLC is a national, boutique law firm focused on optimizing recovery for health care providers through Medicaid, Medicare, private collections, training and education. Our attorneys are licensed in, and represent clients before, federal and state courts and agencies in a majority of states around the country.

In the handful of states where Stotler Hayes Group, LLC does not employ a full-time attorney, referrals are made to local counsel, many of whom we have developed close working relationships with over the years. In those cases, our firm works with local counsel throughout the pendency of the case.

Stotler Hayes Group, LLC,

Principal Office: Pawley’s Island, SC, Phone: 843-235-9871; Fax: 888-497-7390; email: info@stotlerhayes.com

This website is for informational purposes only. Please remember that every case is different. Any result we achieve for one client in one matter does not necessarily indicate similar results can be obtained for other clients.

The attorney responsible for the content of this website is Andrea Kirksey, Esq., Executive Director and General Counsel for Stotler Hayes Group, LLC, 297 Willbrook Boulevard,  Pawley’s Island, South Carolina.

She may be contacted at (843) 235-9871, ext. 1002 or at akirksey@stotlerhayes.com.

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