Medicaid Planning

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....

06 Feb MEDICARE “PROGRESS” STANDARD ELIMINATED

Posted at 16:46h in Beneficiary, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home

Although the government agreed to settle a lawsuit (Jimnov v. Sebelius) in early 2013 whereby the government agreed that Medicare has been incorrect in requiring a patient to progress or improve to get skilled nursing services, home health and out-patient therapy covered by Medicare, the...

Medicaid Planning

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

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

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

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

06 Feb MEDICARE “PROGRESS” STANDARD ELIMINATED

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Medicaid Planning

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

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

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

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

06 Feb MEDICARE “PROGRESS” STANDARD ELIMINATED

03 Feb SOCIAL SECURITY ADMINISTRATION ISSUES NEW POLICY INTERPRETATION CONCERNING SPECIAL NEEDS TRUSTS