Due to a recent interpretation of the term “annuity” by the Texas Health and Human Services Commission, Medicaid coverage (such as payment of nursing home care costs and drugs) for an applicant with an IRA just became easier. Retirement accounts, such as an IRA or...
In situations where one spouse needs care (i.e., assistance with activities of daily living) at home, it just became easier to obtain Medicaid coverage where the government pays someone to give care at home. Until the law became effective as of October 1, 2015, the...
On October 13 Michael B. Cohen spoke at the Baylor Institute for Rehabilitation on issues including Social Security Disability Income (SSDI), Medicare, Supplemental Security Income (SSI), the Medicaid Buy-In and other Medicaid programs. We are currently scheduling speaking engagements for 2016. Please call our office if...
On July 13, 2015, major efforts for elder justice and prevention of elder abuse were announced at the White House Conference on Aging including: The Centers for Medicare and Medicaid Services will update and improve the quality and safety requirements of the nation’s nursing homes...
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...
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...
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...
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...
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...
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 $2163 per month, then such applicant is ineligible for...
