PHOENIX - Attorney General Mark Brnovich reminds residents of assisted living facilities and nursing homes and their families that Medicaid-funded facilities cannot take CARES Act Economic Impact Payments made to residents. Facilities and homes do not have a lawful claim on those funds and cannot take the money unless the recipient freely chooses to use the money to pay bills.
Under the CARES Act, an Economic Impact Payment made to an individual is not taxable income; it is a tax credit. It is therefore exempt from the income rules for Medicaid. It is also exempt from savings limitations for twelve months.
Money from Economic Impact Payments paid to residents of assisted living facilities or nursing homes belongs to the residents. If you have a family member living at a nursing home or assisted living facility, ensure that any Economic Impact Payment for which they were eligible was received and was not improperly taken by a facility or home.
The National Center on Law & Elder Rights has provided these additional resources for consumers:
- Nursing Home Residents
- Medicaid, and Stimulus Checks
- Medicaid Home and Community Based Services and Stimulus Checks
If a nursing home or assisted living facility improperly took your Economic Impact Payment or a family member’s payment, you can file a consumer complaint by visiting the Attorney General’s website. If you need a complaint form sent to you, contact the Attorney General’s Office (AGO) in Phoenix at (602) 542-5763, in Tucson at (520) 628-6648, or outside those metro areas at (800) 352-8431.