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06 Feb MEDICARE “PROGRESS” STANDARD ELIMINATED

Posted at 16:46h in Beneficiary, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home

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Although the government agreed to settle a lawsuit (Jimnov v. Sebelius) in early 2013 whereby the government agreed that Medicare has been incorrect in requiring a patient to progress or improve to get skilled nursing services, home health and out-patient therapy covered by Medicare, the...

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04 Feb IMPORTANT CHANGES IN 2014 RESULTING FROM OBAMACARE (AFFORDABLE CARE ACT)

Posted at 16:48h in Medicare, Michael Cohen Dallas Elder Lawyer

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As of January 1, 2014 here are a few of the important changes resulting from the implementation of the Affordable Care Act (“ACA”).  You cannot be denied insurance coverage due to a pre-existing condition. This has resulted in the elimination of the Texas Health Insurance...

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03 Feb SOCIAL SECURITY ADMINISTRATION ISSUES NEW POLICY INTERPRETATION CONCERNING SPECIAL NEEDS TRUSTS

Posted at 16:45h in Beneficiary, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Social Security, Special Needs, Special Needs Trust, Trusts, utma

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The Social Security Administration (SSA) has issued new policy interpretations in 2014 that affect Special Needs Trusts (trusts created for a disabled person in which the assets held in the trusts are not counted as a resource which would have otherwise resulted in the loss...

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27 Dec Veterans (or the Surviving Spouse of the Veteran) Get Small Benefit Increase in year 2014 for Care Cost

Posted at 09:42h in Assisted Living, Divorce, Michael Cohen Dallas Elder Lawyer, Nursing Home, Trusts, Veterans

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Veterans who served during wartime (not dishonorably discharged), or the surviving spouse of the wartime veteran, will be getting a slight increase (considered a pension) to be used for care at home, assisted living facilities or in a nursing home from the Department of Veterans...

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16 Dec Texas Insurance Commission Proposes Rules to Regulate “Navigators” who help Apply for Health Care Programs

Posted at 08:22h in Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer

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Texas Insurance Commission Proposes Rules to Regulate “Navigators” who help Apply for Health Care Programs On December 7, the Texas Insurance Commissioner published proposed rules to regulate “navigators” who will help Texas residents to apply for health care affordability including Medicaid and the Children’s Health Insurance...

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09 Dec Nursing Home Medicaid Income Cap to Rise

Posted at 08:14h in Divorce, Long Term Care, Medicaid Application, Michael Cohen Dallas Elder Lawyer, Nursing Home, Social Security

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As many of you know, Texas is an income cap state in connection with long-term care Medicaid eligibility. Presently, if an applicant for nursing home Medicaid has "countable" income (certain income is exempt or excluded) over $2130 per month, then such applicant is ineligible for...

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26 Nov House Passes Bill for Three (3) Year Look-Back Period on Transfers for Veterans Pension Benefits Planning

Posted at 09:09h in Assisted Living, Estate Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Veterans

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On October 28, 2013, the U.S. House of Representatives passed a bill (HR 2189) that has a three (3) year look-back period and penalizes a claimant for VA pension benefits (typically made by the veteran or his or her surviving spouse when such person has...

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20 Nov 2014 Protected Resource Amount Increase- Government Helps Pay Nursing Home Cost

Posted at 19:32h in Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home

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2014 Protected Resource Amount Increase - Government Helps Pay Nursing Home Cost Although not officially released, projections for the 2014 Protected Resource Amount (“PRA”) dollar figures can now be estimated in light of the consumer price index update recently made.  These figures are used to determine how much...

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14 Nov Texas Legislature Creates New Statutory Durable Power of Attorney Form

Posted at 15:46h in Estate Planning, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Probate Administration, Trusts

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The new Texas Estates Code (which will be replacing the Texas Probate Code) has changed the statutory durable power of attorney form that has been in existence since 1997. This change will be effective as of January 1, 2014.  Although the existing forms or other...

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01 Nov Ability to Get Care Costs Provided at Home Hastened by the Affordable Care Act

Posted at 15:45h in Assisted Living, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home

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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...

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