Medicare

26 Oct CMS BANS PRE-DISPUTE “BINDING” ARBITRATION CLAUSES IN NURSING HOME ADMISSIONS CONTRACTS – BUT WILL IT STAND?

Posted at 20:15h in Long Term Care, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home

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Most trial attorneys would say that plaintiffs are likely to receive more damages if they sue and have a right to a jury trial than if they are bound by arbitration. As a result, nursing homes and similar facilities routinely require that patients or their...

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09 Jun WHAT IS A MILLER TRUST?

Posted at 09:14h in Beneficiary, Long Term Care, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home, Social Security, Trusts

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**Please note that the Medicaid income and asset limitations are subject to change, please click here for 2018 Medicaid Numbers** Although “Miller” or “Qualified Income” Trusts have been around for over twenty years (this author has been doing them since they were first approved in Texas in...

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25 Feb HEALTH CARE SPENDING OVERTAKES SOCIAL SECURITY

Posted at 10:17h in Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Social Security

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The Congressional Budget Office recently reported that spending on programs such as Medicare and Medicaid, including the additional subsidies resulting from the Affordable Care Act (Obamacare), has resulted in exceeding Social Security spending for the first time in history. A total of $936 billion was...

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21 Jan State Attorney Generals Attack Pre-Dispute Arbitration Agreements

Posted at 10:12h in Assisted Living, Elder Justice, Long Term Care, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home

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At the present time, most nursing homes require residents or their “responsible party” to sign a nursing home admission agreement which binds the resident to arbitration instead of giving them the right to sue the facility if the facility is either negligent or is in...

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17 Dec Common Strategies to Increase Social Security Income for Married Couples Eliminated by Bipartisan Budget Act of 2015

Posted at 06:00h in Medicare, Michael Cohen Dallas Elder Lawyer, Retirement, Social Security

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In our October 2015 issue of the Texas Elder Law E-Letter, we mentioned the likely passage of the Bipartisan Budget Act of 2015 (the president did sign the bill on November 2) whereby Medicare Part B premiums would be much lower than the astronomical amounts...

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

Posted at 06:00h in Disability Benefits, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Retirement, Social Security, Taxes

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The President has signed the  “Bipartisan Budget Act  of 2015” on November 2 , 2015  that otherwise could have resulted in as much as thirty percent of Medicare beneficiaries seeing a fifty two percent increase in their monthly Medicare Part B premiums (which cover doctor’s...

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29 Oct Michael spoke at the Baylor Institute for Rehabilitation

Posted at 16:35h in Disability Benefits, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Social Security

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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...

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26 Aug WHITE HOUSE CONFERENCE ANNOUNCES ACTIONS FOR ELDER JUSTICE & ABUSE PREVENTION

Posted at 06:00h in Elder Justice, Long Term Care, Medicaid Planning, Medicare, Nursing Home, Quality of Life

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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...

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05 Aug SUPREME COURT UPHOLDS HEALTH INSURANCE SUBSIDIES – BUT SUBSIDIES ARE USUALLY LOST AT 65

Posted at 06:00h in Elder Justice, Medicare, Michael Cohen Dallas Elder Lawyer

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  On June 25, 2015, the U.S. Supreme Court protected the rights of consumers in all states, including states that did not set up their own health insurance marketplace to receive tax credits. Chief Justice John Roberts stated “Congress passed the Affordable Care Act to improve...

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10 Apr SPECIAL NEEDS TRUST FUNDED BY IRAs

Posted at 06:00h in Beneficiary, End of Life Care Planning, Inheritance, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Retirement, Special Needs, Special Needs Trust, Trusts

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To Stretch or Not? According to a U.S. Census report, around 13 percent of our U.S. population who are not in an institution are disabled. It is anticipated with an aging population that over 50 million Americans are disabled. As a result, many plan for those...

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