Federal laws prevent a nursing home from requiring a third party (often a child or other family member of resident) to be held personally liable as a condition for admission – but nursing homes often say they will not make changes to its admissions contract...
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 $2,205 per month, then such applicant is ineligible for...
As of January 1, 2018, the equity limit for a homestead applicant (who is single) for the nursing home and “waiver” home care Medicaid program has increased to$572,000. Thus, if the equity limit is less than that, it is a non-countable resource in determining Medicaid...
The 2018 Protected Resource Amount (“PRA”) dollar figures were recently released which are used to determine how much can be protected when one spouse is in a nursing home and applies for Medicaid (which may pay all or a part of long-term care costs) and...
The daughter of a Medicaid applicant came to our office in August in dire need. Her mother had to enter a nursing home around April 2017 and she had very limited resources (just a few hundred dollars and a small insurance policy). The nursing home...
Mr. and Mrs. Smith (the names have been changed for confidentiality reasons) had the unusual situation where both of them had to go into a nursing home at approximately the same time. Neither Mr. nor Mrs. Smith has long-term care insurance. Both could live a...
The Trump administration has announced that it will undo the rule originally issued by the Obama administration that prevented nursing homes from requiring residents or their representatives to resolve disputes by arbitration (instead of being able to sue) as a condition of admission to the...
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 $2,199 per month, then such applicant is ineligible for...
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...
In an effort to help family caregivers who take care of a family member (whether young or old) needing care at home and to give an incentive for the caregiver to work at least part-time (earned income in excess of $7,500 in a year), both...