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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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22 Oct Texas Health and Human Services Commission Penalizes Certain Medicaid Applicants with a Joint Interest in a Vehicle

Posted at 15:45h in Medicaid Application, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home

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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...

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28 Aug Affordable Care Act Puts Potential Law Changes on Hold

Posted at 09:21h in 529 plan, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer

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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...

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26 Aug Medicaid Transfer Planning Option for Great-Grandchildren Faces Elimination

Posted at 08:09h in 529 plan, Beneficiary, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, utma

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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...

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24 Aug VA PENSION PROTECTION ACT PROGRESSING

Posted at 10:59h in Assisted Living, Disability Benefits, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Special Needs, Special Needs Trust, Veterans

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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...

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21 Aug SPECIAL NEEDS TRUST FAIRNESS ACT – AN ACT TO ALLOW THE DISABLED TO ESTABLISH THEIR OWN TRUST

Posted at 02:53h in Guardianship, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Special Needs, Special Needs Trust

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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,...

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