Medicaid Application

11 Dec Congressional Bill Limits Use of Annuities in Medicaid Planning

Posted at 16:42h in Beneficiary, End of Life Care Planning, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Retirement, Social Security

The House of Representatives has a proposed bill (HR 1771) that would change long established rules for the use of single premium immediate annuities in planning for the protection of a well-spouse (commonly referred to as the “community spouse”) if his or her spouse needs...

06 Apr CARE SERVICES FOR MEDICAID & MEDICARE HOLDERS

Posted at 06:00h in Medicaid Application, Medicaid Planning, Medicare

TEXAS DUAL (MEDICARE AND MEDICAID) ELIGIBLE INTEGRATED CARE PROJECT IMPLEMENTED IN DALLAS AND TARRANT COUNTIES Dallas and Tarrant Counties are two of the six counties in Texas that are part of a demonstration project whereby individuals can receive managed care services if they are eligible for both...

31 Mar Medicaid Transfer Penalty Divisor to Be Increased in Year 2015

Posted at 06:00h in Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home

It is anticipated that the Texas Medicaid transfer penalty divisor will be increased to the rate of $162.41 for those who apply for long-term care Medicaid on or after September 1, 2015. Under the long-term care Medicaid Rules, it is presumed that if an applicant...

30 Jan OREGON FAILS IN ATTEMPT TO EXPAND MEDICAID ESTATE RECOVERY

Posted at 23:20h in Divorce, Estate Planning, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Special Needs, Special Needs Trust, Transfer of Death

On November 26, 2014, the Oregon Court of Appeals decided that the state agency’s attempt to expand estate recovery (where the state goes after the resources of a Medicaid recipient after such person’s death) was improper. Oregon had amended its rules so that the state...

05 Jan CONGRESS PASSES ABLE ACT EFFECTING MEDICAID APPLICANTS AND SPECIAL NEEDS TRUSTS

Posted at 06:18h in 529 plan, Beneficiary, Disability Benefits, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Quality of Life, Social Security, Special Needs, Special Needs Trust, Trusts

On December 16, 2014, Congress passed the Achieving a Better Life Experience Act (ABLE) which allows adults and children with disabilities whose disability occurred before age 26 to shelter up to the annual gift tax exclusion amount (presently $14,000) per year into an account which...

29 Dec POSSIBLE TRANSFER POLICY CHANGE SENDS SHIVERS TO TEXAS ELDER LAW LEGAL COMMUNITY

Posted at 01:09h in Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Nursing Home

Since the passage of the Deficit Reduction Act of 2005 signed on February 8, 2006 (“DRA”), many Texas elder law attorneys have used a transfer planning option (often referred to as “reverse half-a-loaf”) to save at least 50% of the countable resources of a Medicaid...

22 Sep MEDICARE NURSING HOME RATING SYSTEM FLAWED

Posted at 06:43h in Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home

Medicare’s rating system for nursing homes is often misleading. Medicare set up a rating system in 2009 with the hopes that nursing homes would make efforts to increase the star rating (maximum of 5 stars) by improving the quality of care. However, some nursing homes have...

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...

23 Jun Court Rules Veterans Benefits Income Not Countable in Medicaid Eligibility Determination

Posted at 06:45h in Assisted Living, Medicaid Application, Michael Cohen Dallas Elder Lawyer, Veterans

On June 3, 2014, The U.S. District Court for the District of New Jersey has enjoined the state from counting any Veterans Administration (VA) improved pension income in determining Medicaid eligibility of an applicant for Medicaid. In this case, the Medicaid applicant was about to...

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...

23 Mar MEDICAL NEED REQUIREMENTS DIFFER FOR VARIOUS MEDICAID PROGRAMS

Posted at 07:12h in Assisted Living, Disability Benefits, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home

Although most first think only of “means-tested” (assets and income) eligibility for various Medicaid programs, one of the other requirements is a “medical necessity”. The standard for nursing home Medicaid, Community Based Alternative (a Medicaid program which provides personal care services at home and in...

09 Mar Agent Under POWER OF ATTORNEY Faces 25 Years After Unsuccessfully Arguing that Transfers to Self Were for Medicaid Planning Purposes

Posted at 23:11h in Beneficiary, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Power of Attorney

A Texas appeals court has upheld the conviction of an agent under a power of attorney who transferred funds to himself, supposedly to qualify his former grandmother-in-law for Medicaid. In an earlier proceeding, a jury sentenced the agent to 25 years in prison. Natho v....

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

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...

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

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...

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...

Medicaid Services

Medicaid Application

06 Apr CARE SERVICES FOR MEDICAID & MEDICARE HOLDERS

31 Mar Medicaid Transfer Penalty Divisor to Be Increased in Year 2015

30 Jan OREGON FAILS IN ATTEMPT TO EXPAND MEDICAID ESTATE RECOVERY

29 Dec POSSIBLE TRANSFER POLICY CHANGE SENDS SHIVERS TO TEXAS ELDER LAW LEGAL COMMUNITY

22 Sep MEDICARE NURSING HOME RATING SYSTEM FLAWED

30 Jun Medicaid Compliant Annuities under Attack

23 Jun Court Rules Veterans Benefits Income Not Countable in Medicaid Eligibility Determination

22 Apr GAO STUDY ON MEDICAID ELIGIBILITY DUE TO CONGRESS SOON

23 Mar MEDICAL NEED REQUIREMENTS DIFFER FOR VARIOUS MEDICAID PROGRAMS

09 Mar Agent Under POWER OF ATTORNEY Faces 25 Years After Unsuccessfully Arguing that Transfers to Self Were for Medicaid Planning Purposes

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

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

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

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Medicaid Services

Medicaid Application

11 Dec Congressional Bill Limits Use of Annuities in Medicaid Planning

07 Nov STAGGERING INCREASE IN MEDICARE PART B PREMIUMS AVERTED BY CONGRESSIONAL BUDGET DEAL

06 Apr CARE SERVICES FOR MEDICAID & MEDICARE HOLDERS

31 Mar Medicaid Transfer Penalty Divisor to Be Increased in Year 2015

30 Jan OREGON FAILS IN ATTEMPT TO EXPAND MEDICAID ESTATE RECOVERY

05 Jan CONGRESS PASSES ABLE ACT EFFECTING MEDICAID APPLICANTS AND SPECIAL NEEDS TRUSTS

29 Dec POSSIBLE TRANSFER POLICY CHANGE SENDS SHIVERS TO TEXAS ELDER LAW LEGAL COMMUNITY

22 Dec Nursing Home Medicaid Income Cap to Rise in 2015

22 Sep MEDICARE NURSING HOME RATING SYSTEM FLAWED

30 Jun Medicaid Compliant Annuities under Attack

23 Jun Court Rules Veterans Benefits Income Not Countable in Medicaid Eligibility Determination

22 Apr GAO STUDY ON MEDICAID ELIGIBILITY DUE TO CONGRESS SOON

23 Mar MEDICAL NEED REQUIREMENTS DIFFER FOR VARIOUS MEDICAID PROGRAMS

09 Mar Agent Under POWER OF ATTORNEY Faces 25 Years After Unsuccessfully Arguing that Transfers to Self Were for Medicaid Planning Purposes

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

09 Dec Nursing Home Medicaid Income Cap to Rise

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

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