MONTGOMERY — Attorney General Steve Marshall has warned nursing home officials that federal stimulus checks cannot be taken from their residents.

Some Medicaid recipients may have to sign over resources to nursing homes where they reside, but this does not apply to current federal stimulus checks from the CARES Act, Marshall said.

Congress classified these monies as tax credits, he said. Under tax law, tax credits do not count as “resources” for federal benefits programs. This means that recipients may keep the stimulus payments, and the checks may not be seized by nursing homes.

“We are now beginning to receive a few reports of concern that some Alabama nursing homes may be attempting to take stimulus checks from residents who are Medicaid recipients. If this is happening, it needs to stop now,” said Marshall.

“These stimulus checks are rightfully and legally the property of the residents and must be returned. Confiscation of these checks is unlawful and should be reported to my office.”

Residents or family members who believe their stimulus checks have been taken by a nursing home are encouraged to contact the Alabama Attorney General’s Office Medicaid Fraud Control Unit at mfcu@alabamaag.gov, or call 334-242-7300.

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