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My mom owns no property. The Texas MERP sent me a letter of Notice of Intent (for my mother). I mailed the questionnaires back to the HMS contractors.
One of the questionnaires was asset Information:
Did the decedent own a home or other real property/personal property at the time of death? My answer - NO (My mom does not own any assets or property).
Then I received another letter from Texas MERP after 2 weeks.
In the MERP letter it says “As a result of your response or non response, to the best knowledge of MERP no undue hardship exist & recovery will be cost effective. Balance due $200,000”.
I don’t know what to do. Please help...

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Her estate is responsible for the $200k however if there is no restate (as in no money) then the bill goes unpaid. It’s not your responsibility to pay it.
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windowhouse123 Dec 2020
Thank you so much for the response...
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Thank you so much for the response. A
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Did you keep a copy of the questionnaire you mailed to the contractors?  If so, and you want to get them off your back (even though they can't collect anything from you and Mom has no assets left, copy the questionnaire, send a copy via certified mail to MERP and repeat your response.

It may be that what you sent hasn't been processed, or lost, or they're just trying to intimidate you.    I would imagine a lot of governmental contractors are behind on a lot of levels b/c of the pandemic.
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windowhouse123 Dec 2020
Yes, I have the copy of the questionnaire.
I will send a copy again. Thank you very much for your advice!
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Send it certified mail. That way you have a signature of who signed for the letter/envelope.

You are not personally responsible for this bill. Mom has no money. She owns nothing that Medicaid can put a lean on. The NH took her income to offset the cost of her care. Someone has made a mistake.

My grandson has been trying to get State Disability since Sept. His Mom faxed over all the info needed 2 months ago for his claim. He got a letter saying his info was received and being processed. He got a letter today saying he was denied because he never sent the info back. So now, he has to get it all together and send it back to Disabilities as an appeal. He will be back to work by the time he sees any money.
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It’s HMS as the outside contractor, right?
Follow what the others have said in sending a certified letter with the return registered receipt from USPO. The RRC comes back to you with a signature and date delivery taken. Duet is under $10.
AND
also send your letter responding to both their letters via fax to HMS. Make it a 3 page fax:
- page 1 is your letter that mom died with no assets so no estate so no probate needed and that you previously sent a response to NOI #1 within the x # of days response period and this is your letter #2 on this matter & again that you are replying within the x # of days yada yada;
- fax page #2 is a xerox of the first page from NOI letter #1 to you;
- fax page #3 is a xerox of the first page from NOI follow up letter #2. You should fax from a place that does a “Transmission Report” that states date, time, # of pages and successfully transmitted. The Fed Ex office stores do these & it’s self serve & inexpensive. Muy facil!

Both the transmission report and the return receipt card are considered legal. So keep both. Good luck, it will work out. Keep in mind that Basically they are debt collectors so will keep on calling and mailing etc for a prolonged period of time. It’s not your debt.
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igloo572 Dec 2020
Also look at the envelopes each letter was mailed to you and then look at the letter inside. There may just be a time lag between the two and NOT in your favor. Like NOI letter #1 dated November 1, 2920 but postmarked November 13, 2020. So maybe you actually got it Nov 21. If this happened, clearly mention this on your cover letter.
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Call the Medicaid office. It sounds like the document you returned did not make it to them. I mean, if she has no assets - there is nothing to sell to repay the state for what they did.

Did mom have a home at the time she entered the nursing home? If yes, what happened to it. MERP looks at what she had at the time she qualified for Medicaid versus what she had at time of death. If any assets were sold, given away, etc during that time - you have to explain. And possibly would owe some of what the state spent on her care
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Was her home given to you or anyone in your family or sold? If so that may be why Medicaid may need clarification of the transaction.
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This letter is standard. Medicaid has to try and recoup money if they can. Her application will prove there was no property at that time. She was poor when they took over her care.

The Medicaid letter after death is just asking if there are any assets, like a house that any money can be recouped. You answer the questions, send any paperwork requested or u feel is needed and return the letter. That should be it. Family is not responsible for the debt. The OPs mother has no money, period.

I hope by this time you have spoken to a person. This second letter makes no sense to me. The woman went into care with nothing, they took her income to offset her care, she died with nothing. I don't understand the "no hardship". She has died. Family cannot be held responsible for the bill.
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Keep copies of things you send to Medicaid!
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