The phrase “life estate” often comes up in discussions of Estate and Medicaid planning, but what exactly does it mean? A life estate is a form of joint ownership that allows one person to remain in a house until his or her death, when it passes to the other owner. Life estates can be used … Continue reading
Category: Medicaid
New Rule Once Again Allows Nursing Home Arbitration Agreements
The Trump administration is officially rolling back a ban on the use of arbitration agreements by nursing homes that was initiated under President Obama. The Centers for Medicare and Medicaid Services (CMS) issued a rule that once again allows nursing facilities to use arbitration to settle disputes with residents. Historically, nursing homes increasingly asked — … Continue reading
Why an Attorney Can Help With Medicaid Applications
Medicaid is an essential state and federal program for individuals and families across the country. Without this program, people with limited funds and resources would be unable to afford their medical expenses. However, the process of signing up for Medicaid is extremely important. It is very easy to make mistakes that can cost you considerable … Continue reading
Getting Paid as a Family Caregiver Through Medicaid
Caring for an ailing family member is difficult work, but it doesn’t necessarily have to be unpaid work. There are programs available that allow Medicaid recipients to hire family members as caregivers. All 50 states have programs that provide pay to family caregivers. The programs vary by state, but are generally available to Medicaid recipients, … Continue reading
Medicaid Home Care
Traditionally, Medicaid has paid for long-term care in a nursing home, but because most individuals would rather be cared for at home and home care is cheaper, all 50 states now have Medicaid programs that offer at least some home care. In some states, even family members can get paid for providing care at home. … Continue reading
Feds Release 2019 Guidelines Used to Protect the Spouses of Medicaid Applicants
In 2019, the spouse of a Medicaid recipient living in a nursing home (called the “community spouse”) may keep as much as $126,420 without jeopardizing the Medicaid eligibility of the spouse who is receiving long-term care. Called the “community spouse resource allowance,” this is the most that a state may allow a community spouse to … Continue reading
Fear of Losing Home to Medicaid Contributed to Elder Abuse Case
A California daughter and granddaughter’s fear of losing their home to Medicaid may have contributed to a severe case of elder abuse. If the pair had consulted with an elder law attorney, they might have figured out a way to get their mother the care she needed and also protect their house. Amanda Havens was … Continue reading
More States Asking to Eliminate Retroactive Medicaid Benefits
Arizona and Florida are the latest states to request a waiver from the requirement that states provide three months of retroactive Medicaid coverage to eligible Medicaid recipients. Medicaid law allows a Medicaid applicant to be eligible for benefits for up to three months before the month of the application if the applicant met eligibility requirements … Continue reading
Proving That a Transfer Was Not Made in Order to Qualify for Medicaid
Medicaid law imposes a penalty period if you transferred assets within five years of applying, but what if the transfers had nothing to do with Medicaid? It is difficult to do, but if you can prove you made the transfers for a purpose other than to qualify for Medicaid, you can avoid a penalty. You … Continue reading
Report Finds Lack of Government Oversight of Assisted Living Facilities
The government is spending billions to fund assisted living services through Medicaid, but government oversight and regulation of assisted living facilities is lacking, according to a new government report. Medicaid funds long-term care services for low-income individuals. It is primarily used for nursing home care, but 48 states have opted to give assisted living residents the ability to … Continue reading