Federal Law (42 USC § 1396-r) prohibits nursing homes from discriminating against residents on the basis of their source of payment. There is no time requirement before applying for Medicaid, and people can move from one state to another and immediately qualify for Medicaid in the new state if they meet the new state’s eligibility requirements.
Federal Regulation (CFR 2009, Title 42, Vol. 4, Sec. 435-912 ) says that the state must make a decision on a Medicaid application within 45 days unless the decision requires a determination of disability, in which case the state has 90 days to make its eligibility decision.
If you have any questions or concerns regarding these rule and regulations, please contact Scottsdale Elder Law Attorney Robin Cochran Kruger at the Dana Law Firm 480-515-3716.