Most people who need chronic care would usually prefer to live at home than in a nursing home. However, the Medicaid program is “institutionally biased” as it is easier to get care provided by Medicaid in a nursing home than at home or in an...
As of June 1, 2013, the Texas Health and Human Services Commission (THHSC) announced a new policy to assess a transfer penalty (assuming the transfer is within the five year “look-back” period) if a Medicaid applicant’s money is used to purchase a vehicle and the...
Although Texas did not “opt in” to accept federal dollars under the Affordable Care Act (the “Act”) which will provide health insurance even to those with pre-existing conditions, the present priority of the Texas Health and Human Services Commission is to help the federal government...
As previously reported in the May issue of the Texas Elder Law E-Letter, a new Texas law will permit transfers to any 529 (college education fund) for the benefit of children and grandchildren as an exception to the transfer penalty rules (in addition to being...
Proposed legislation (the Veterans Pension Protection Act) has been revised to penalize military veterans (or their surviving spouse) if they should dispose of their resources (that could have been used for their maintenance) within three (3) years of applying for VA pension benefits (benefits most...
Under current law, a special needs trust containing the assets of a disabled individual under 65 years of age (the assets in the trust are excluded from being countable as a resource for “means-tested” programs such as Medicaid) must be created by a parent, grandparent,...
Although Texas does not recognize same-sex marriages, here are a few estate planning considerations for same-sex married couples (couples who were legally married in another state) who live in Texas since the U.S. Supreme Court has struck down the Defense of Marriage Act: Federal employees...
Under current law, military veterans who invest in a survivor benefit plan must leave their benefits (an annuity) directly to their beneficiary – even if the beneficiary is disabled. Veterans are not permitted to roll their survivor benefits into a special needs trust (a trust...
When it was announced earlier this year that there would be no federal estate tax for estates under $5.25 million (instead of $1 million due to the “fiscal cliff”), many Americans were relieved as there was the thought that this would be permanent as adjusted...
Governor Perry has just signed a law (to be effective as of September 1, 2013) that allows Medicaid applicants to sell their life insurance policies to life settlement companies and not jeopardize Medicaid benefits provided certain conditions are met. Medicaid is a jointly run state and...
