Friday, July 31, 2015

94-Year-Old Ordered to Pay Alimony to Offset Ex-Spouse's Nursing Home Costs

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A recent Nebraska case illustrates how difficult it can be to predict the outcome of aggressive last-minute planning.  In what is possibl...
Wednesday, July 29, 2015

Don't Let Institutions Plan for You: Medicaid-Eligible Nursing Home Resident Stuck With Costs of Private-Pay Room

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An Illinois case illustrates why seniors, their families, and caregivers simply cannot entrust their best interests to institutions. An Illi...
Monday, July 27, 2015

Understanding "Third Party" Special Needs Trusts

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There are three types of special needs trusts: first-party special needs trusts, third-party special needs trusts, and pooled trusts.  A...
Thursday, July 23, 2015

Medicaid Applicant with Private Care Agreement Assessed Transfer Penalty Because Rate Was Too High

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Private Care Agreements must be drafted carefully, and the compensation rates provided within must conform to the law.  An example of what c...
Wednesday, July 1, 2015

IRS issues Proposed Regs for ABLE Accounts

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The IRS has issued  proposed regulations  implementing Sec. 529A, which authorizes states to offer specially designed tax-favored account...
Wednesday, June 17, 2015

Use of Filial Responsibility to Collect a Nursing Home Debt Survives Federal Challenges

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The State of Pennsylvania is racking up victories supporting the use of filial responsibility in resource recovery of Medicaid benefits. ...
Thursday, June 11, 2015

SSA Clarifies Its Position on Court-Established (d)(4)(A) Trusts

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Responding to criticism from advocates that the Social Security Administration (SSA) was unfairly refusing to allow court-established (d)...
Tuesday, June 9, 2015

Get legal Advice When Applying for Medicaid- State Can Recover From a Medicaid Recipient's Estate Even Though Estate Would Have Qualified for Hardship Waiver

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A recent case underscores the importance of seeking and obtaining legal advice when dealing with Medicaid resource recovery.  A Michigan ...
Monday, June 8, 2015

State Cannot Modify Penalty Period Unless All Transferred Assets Are Returned

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A New Jersey appeals court has held that a Medicaid applicant's penalty period cannot be modified unless all the assets transferred duri...
Wednesday, June 3, 2015

Spouses of Hospice Residents Less Likely to Become Depressed

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Symptoms of depression are less common in the spouses of hospice residents when compared to families where hospice was not involved, a recen...