Medicaid Application

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...

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

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Medicaid Application

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