Medicaid Planning

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...

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...

12 Aug Medicare Testing Payment Options that affect Limited Nursing Home Coverage

Posted at 10:04h in Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home, Short Term Care

Medicare is presently allowing pilot projects across the country to determine if it can reduce costs and improve quality of care pursuant to a provision under the Affordable Care Act. At the present time, Medicare coverage for skilled nursing care is limited to patients who...

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...

28 Apr TAX COURT RULING LIMITS IRA ROLLOVERS TO ONE PER YEAR

Posted at 06:45h in Business, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Taxes, Veterans

The U.S. Tax Court recently ruled that a taxpayer can only rollover (within 60 days) one IRA per year, per taxpayer – contrary to IRS publication 590 which allowed one 60 day rollover per year; per IRA – so, prior to the ruling if a...

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....