Long Term Care

04 Nov LADYBIRD DEEDS UNDER ATTACK

Posted at 06:18h in Estate Planning, Lady Bird Deed, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Taxes, Transfer of Death, Trusts

Ladybird deeds, which are commonly used to avoid probate and to avoid claims by the state if the property owner receives Medicaid benefits, are under attack. This is a red flag to all Texans whose biggest asset is their home and who have inadequate insurance...

01 Aug Texas Department of Insurance Permits 75% Increase in Long-Term Care Insurance Premiums

Posted at 15:36h in Assisted Living, Long Term Care, Michael Cohen Dallas Elder Lawyer, Nursing Home

The Texas Department of Insurance (which regulates increases in insurance premiums) has permitted Allianz Life Insurance Company of North America (”Allianz”) to raise its long-term care insurance premiums by 75% to existing policyholders according to an article on July 25 written by Dave Lieber (the...

07 Jul Drug Study Underway on Healthy at-risk seniors to Protect or Slow Mental Decline

Posted at 06:28h in Alzheimer’s, Long Term Care, Michael Cohen Dallas Elder Lawyer

A major $140 million study (funded by the National Institute of Health, drug manufacturer Eli Lilly & Co and others) began on June 9, 2014 whereby scientists will scan the brains of healthy seniors who presently have no memory problems to learn if those with...

30 Jun Medicaid Compliant Annuities under Attack

Posted at 08:54h in Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer

Although Congress has approved precise rules regarding Medicaid eligibility (including what is needed in an annuity to make it compliant with the Medicaid rules), the state of Pennsylvania has recently attacked the use of annuities in obtaining Medicaid benefits (which often help pay for care...

16 Jun National Senior Citizens Law Center Publishes Free Guide On Getting Long-Term Services and Support at Home

Posted at 07:15h in Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home

In an effort to allow more seniors and persons with disabilities to live independently at home as opposed to a nursing home or other institutional setting, the National Senior Citizens Law Center (NSCLC) has recently published a free advocate’s guide. The Medicaid laws for payment...

28 May Dallas Elder Financial Safety Center Announced

Posted at 02:02h in Asset Protection, Guardianship, Long Term Care, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Probate Administration, Public Benefits Protection, Veterans

As a result of a generous grant by the WW Caruth, Jr. Foundation - Communities Foundation of Texas in an effort to protect the financial safety of Dallas County seniors, today there was an announcement of the formation of the Elder Financial Safety Center (the...

22 Apr GAO STUDY ON MEDICAID ELIGIBILITY DUE TO CONGRESS SOON

Posted at 13:45h in Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home

The Government Accountability Office (GAO) is in the final stages of researching and writing a report on financial eligibility for long-term care Medicaid. Senators Richard Burr (R-N.C.) and Tom Coburn (R-OK) and Representatives Trey Gowdy (R-S.C.) and Darrell Issa (R-CA) requested the study. The GAO...

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

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...

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

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...

19 Aug ESTATE PLANNING FOR SAME SEX MARRIED COUPLES CHANGES DUE TO SUPREME COURT DECISION

Posted at 06:48h in Estate Planning, Lawsuits, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home, Public Benefits Protection, Social Security

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...

01 Jul New Texas Law Promotes Using Life Settlements In Connection with Medicaid Planning

Posted at 19:18h in Assisted Living, Beneficiary, End of Life Care Planning, Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home

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...

06 Jun Social Security Amendment Clarifies Special Needs Trust Expense Planning

Posted at 13:02h in Beneficiary, End of Life Care Planning, Home Equity, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Quality of Life, Social Security, Special Needs, Special Needs Trust, Trusts

On May 15, 2013, the Social Security Administration (SSA) announced changes to its Program Operations Manual System (POMS) to ensure that legitimate expenditures from special or supplemental needs trust are used for the sole benefit of a disabled beneficiary even if it may impart incidental...

29 Apr Texas Senate Approves Overhaul of Long-Term Medicaid Care

Posted at 08:30h in Long Term Care, Medicaid Application, Michael Cohen Dallas Elder Lawyer

The Texas Senate has approved a bill on long-term and acute care Medicaid to expand managed care services, to provide services at capitulated costs and to re-design functional assessments to more accurately assess patient needs. Some have expressed fears that Medicaid managed care plans would reduce...

22 Apr Independent Survey Projects Dementia Care to Double by 2040

Posted at 08:31h in Alzheimer’s, Dementia, Long Term Care, Michael Cohen Dallas Elder Lawyer

Based on an independent survey led by the RAND Corporation (financed by the federal government), it is projected that 9.1 million Americans age 71 or older will have dementia by year 2040. Presently about 15% of Americans 71 or older (3.8 million) have dementia. The survey...

28 Dec Proposed Texas Rule Excludes Tuition Savings Programs from being a Countable Resource for Medicaid Eligibility

Posted at 08:39h in 529 plan, Beneficiary, Long Term Care, Medicaid Application, Medicare, Michael Cohen Dallas Elder Lawyer, utma

Although irrevocable 529s (for college education) and UTMAs (accounts for minors) are not considered a resource for certain Texas Medicaid programs, the Texas Health and Human Services Commission (which governs Medicaid eligibility in Texas) currently counts resources and income in prepaid tuition programs and higher...

02 Nov Long-Term Care Medicaid Reform Bill Proposed

Posted at 09:00h in Home Equity, Long Term Care, Medicaid Application, Michael Cohen Dallas Elder Lawyer, Nursing Home

In what could be a harbinger of things to come, House Bill 6300 (the Medicaid Long-Term Care Reform Act of 2012) has been recently proposed to make findings or substantial changes in connection with Medicaid long-term care financing (which helps pay for care costs in...

13 Sep Could a Child be Responsible for a Parent’s Nursing Home Bill?

Posted at 18:22h in Long Term Care, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home, Trusts

Although children are not generally responsible for a parent’s debts, 29 states have passed “filial support” bills whereby adult children can be pursued to pay the bills of their parents including their long-term care bills. A recent appellate court case in Pennsylvania allowed a nursing...

13 Aug Need Help with Nursing Home and Assisted Living Costs?

Posted at 07:05h in Assisted Living, Long Term Care, Medicaid Application, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home

Transfer Penalty Rules Different for those Seeking Medicaid Assistance at Home Most people in need of care would prefer to stay at home rather than go to a nursing home. However, if you don’t have long-term care insurance or other ways to pay for the cost...

27 Jun LONG TERM CARE INSURANCE BECOMING LESS AFFORDABLE BUT CAN YOU AFFORD NOT TO HAVE IT?

Posted at 23:26h in Asset Protection, Assisted Living, End of Life Care Planning, Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Public Benefits Protection

With fewer insurance companies offering long term care insurance (at least 14 fewer in the last 5 years) and premiums rising (for new and some existing policies) fewer may be able to afford long term care insurance (insurance that can help cover personal care costs...

Medicaid Services

Long Term Care

04 Nov LADYBIRD DEEDS UNDER ATTACK

01 Aug Texas Department of Insurance Permits 75% Increase in Long-Term Care Insurance Premiums

07 Jul Drug Study Underway on Healthy at-risk seniors to Protect or Slow Mental Decline

30 Jun Medicaid Compliant Annuities under Attack

16 Jun National Senior Citizens Law Center Publishes Free Guide On Getting Long-Term Services and Support at Home

28 May Dallas Elder Financial Safety Center Announced

22 Apr GAO STUDY ON MEDICAID ELIGIBILITY DUE TO CONGRESS SOON

28 Aug Affordable Care Act Puts Potential Law Changes on Hold

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

01 Jul New Texas Law Promotes Using Life Settlements In Connection with Medicaid Planning

29 Apr Texas Senate Approves Overhaul of Long-Term Medicaid Care

22 Apr Independent Survey Projects Dementia Care to Double by 2040

28 Dec Proposed Texas Rule Excludes Tuition Savings Programs from being a Countable Resource for Medicaid Eligibility

02 Nov Long-Term Care Medicaid Reform Bill Proposed

13 Sep Could a Child be Responsible for a Parent’s Nursing Home Bill?

13 Aug Need Help with Nursing Home and Assisted Living Costs?

27 Jun LONG TERM CARE INSURANCE BECOMING LESS AFFORDABLE BUT CAN YOU AFFORD NOT TO HAVE IT?

Quick Links

Recent Blogs

Let’s Connect

Medicaid Services

Long Term Care

04 Nov LADYBIRD DEEDS UNDER ATTACK

01 Aug Texas Department of Insurance Permits 75% Increase in Long-Term Care Insurance Premiums

07 Jul Drug Study Underway on Healthy at-risk seniors to Protect or Slow Mental Decline

30 Jun Medicaid Compliant Annuities under Attack

16 Jun National Senior Citizens Law Center Publishes Free Guide On Getting Long-Term Services and Support at Home

28 May Dallas Elder Financial Safety Center Announced

22 Apr GAO STUDY ON MEDICAID ELIGIBILITY DUE TO CONGRESS SOON

09 Dec Nursing Home Medicaid Income Cap to Rise

28 Aug Affordable Care Act Puts Potential Law Changes on Hold

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

19 Aug ESTATE PLANNING FOR SAME SEX MARRIED COUPLES CHANGES DUE TO SUPREME COURT DECISION

01 Jul New Texas Law Promotes Using Life Settlements In Connection with Medicaid Planning

06 Jun Social Security Amendment Clarifies Special Needs Trust Expense Planning

29 Apr Texas Senate Approves Overhaul of Long-Term Medicaid Care

22 Apr Independent Survey Projects Dementia Care to Double by 2040

28 Dec Proposed Texas Rule Excludes Tuition Savings Programs from being a Countable Resource for Medicaid Eligibility

02 Nov Long-Term Care Medicaid Reform Bill Proposed

13 Sep Could a Child be Responsible for a Parent’s Nursing Home Bill?

13 Aug Need Help with Nursing Home and Assisted Living Costs?

27 Jun LONG TERM CARE INSURANCE BECOMING LESS AFFORDABLE BUT CAN YOU AFFORD NOT TO HAVE IT?