for_sale_clipAuthor, Chuck Frank

Surprise, Surprise! There’s a dirty little secret attached to every Affordable Health Care mandate if the plan is “subsidized” by the government. It’s called the “asset recovery” plan which is part of the “Affordable” Health Care Act. Essentially asset or estate recovery, in the end, could mean the loss of your house.

Medicare recipients are not affected but with the “expanded definitions” under Medicare, millions are going to be “invited” into the trap of signing up for “free” “Medicaid” (nursing home coverage, etc.), instead of the expensive exchange coverage’s, only to find that their heirs later on may lose part or all of their inheritance!

I will now begin by saying that the federal, Affordable Health Care Act which also partners with the states through Medicaid,(a plan that mostly supports the poor) is an affordable alternative while the insured person is still alive, however after that person is 55 years old the state begins to keep track of the expenses, and when that person finally dies, their entire estate could very well end up being in the hands of, you guessed it…the state.

Under current law in California, if a married person who is subject to asset recovery dies, the state will not seek to recover those assets until the spouse dies. That will prolong the asset recovery until the nanny state finally grabs the deceased widow’s property and then sells it in order to pay for all of the years of providing “affordable” health care, long term care and/or hospitalization. Did I read all of the fine print? Not quite yet, but what happened to the kids inheritance? It’s gone with the wind.

Is this not property that a person or families had worked hard for, years on end, and was meant to go to successive generations? But now, because of certain federal and state mandates, millions of people are being forced into medical plans that will cause them to lose their homes. So, those relatives who are standing in line to inherit the families property may suddenly find out that the house and the estate which had been designated for them, may very well end up in the hands of the government who will then sell it and use that money to pay for all of the past medical bills which had accrued since the deceased person was 55 years of age. Welcome to the Rough & Ready realty show and the scam of the century! All of a sudden health care is NOT FREE or affordable, and we all thought that billions more in taxes were enough to pay for the expanded health care reforms? What a wake up call.

Here is a footnote. Property that is jointly owned with rights of survivorship, in a life estate, or in a trust, is not included in the probate estate and thus escapes estate recovery. However, Congress has given the states the right to seek estate recovery against such non probate property. Really? Now the states need the “approval” of the federal government when it comes to health care?

As for the Affordable Health Care Act, there are thousands of pages and everyone is still counting. Rep. Richard Hudson (R-N.C), speaking on “Fox and Friends,” May 13, 2013 shared the following; “Implementation has also become a bureaucratic nightmare, with some 159 new government agencies, boards and programs busily enforcing the roughly 20,000 pages of rules and regulations already associated with this law.” But that was back in 2013. It is 20,000 pages and growing.

Sometimes examples are helpful to understand the magnitude of Estate Recovery. Here is one such case with the Medicaid plan.

Barry Blake lived with his mother who owned her own home and was covered under Medicaid. When she died, the state of Kentucky “took the house … to be sold and pay those expenses” according to a suit Blake filed to recover it in 2009. The state also took the washer and dryer, their lawn mower, gardening tools, kitchen appliances and other personal items. Blake hadn’t read the fine print. The lawsuit was dismissed and Blake lost.

An informal survey in January by Consumer Reports found 10 states including California were planning to pursue claims on estates, and 11 were not, and in certain cases, Medi-Cal, California’s version of Medicaid, will be able to collect repayment for health care services from the estate after a recipient dies. In this instance, even the poor could lose their only worthwhile asset, their house.

Summing up Affordable Health Care, here is what has transpired since Obama took office. Should not the type of treatments and “affordable” health care be a choice that we make on our own because certain mandated FDA approved treatments may eventually cause cancer? So in effect, people could very well end up giving up their house for certain treatments even when they are fatal. The entire health care system needs to be reworked because as it stands, much of it is presently flawed and remains a product of the FDA, the medical monopoly and a political football which is a bullet pass that in many cases ends up being incomplete.



I am fed up with the direction this Country is going and I am not sure it can be turned around. 2016 will determine the fate of this Great Nation. I fear for America now more than ever.