In City of Grants Pass, Oregon v. Johnson (U.S. 6/28/2024), the U.S. Supreme Court held that enforcement of generally applicable laws regulating camping on public property does not constitute “cruel and unusual punishment” prohibited by the Eighth Amendment. This decision followed the City of Grants Pass’ adoption of an ordinance restricting homeless individuals from camping […]
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Mavis, who was 77, survived her husband, Jerry. She filed a Petition for Year’s Support and the Probate Court awarded her a life estate in the marital residence. Michael, one of Jerry’s children from a prior marriage, appealed. He argued that the record did not support a finding that Mavis’ economic need justified the award […]
Stetson’s College of Law announced that it will offer a graduate certificate program for Elder Law Attorneys who need tax knowledge, but not the Tax LL.M. They state: Many cases affecting clients involve tax issues. Because clients often fall in the middle class, they do not always need sophisticated tax planning. But, attorneys who represent […]
The amounts below are the estate tax exclusion amounts as provided by the IRS. Unless Congress takes action, in 2026, the exclusion amount will revert to the pre-2018 level ($5,490,000, adjusted for inflation) per deceased person. You can, however, use your exemption now. On November 26, 2019, the IRS clarified that individuals taking advantage of […]
Sometimes finding Medicaid law is tough, but we hope to give you resources here. Federal and state statutes, regulations and case law is available to subscribers of LEXIS and Westlaw. The federal statute, which is Title XIX of the Social Security Act, is at 42 U.S.C. § 1396 et seq. (the “Medicaid Act”). The federal […]
At common law there is no obligation to reimburse the government for financial support and services received while impoverished. When the Medicaid Act was enacted, Congress gave States the option of pursuing estate recovery and, until 1993, estate recovery remained optional. Now, within the parameters of the federal rule, States must pursue estate recovery (1) […]
“Each participating State develops a plan containing reasonable standards . . . for determining eligibility for and the extent of medical assistance” within boundaries set by the Medicaid statute and the Secretary of Health and Human Services.” Wis. Dep’t of Health & Family Servs v. Blumer, 534 U.S. 473 (2002) (quoting Schweiker v. Gray Panthers, […]
Medicaid, as opposed to Medicare, is a health insurance program, jointly funded by the state and federal governments that pays for health care for America’s poor. See Medicaid Act (Title XIX of the Social Security Act), 42 U.S.C. § 1396 et seq. Not everyone is eligible for medical assistance; only those persons who fall within […]
In State of Idaho v. Beason, 546 P.3d 684 (2024), the Medicaid agency filed an estate recovery claim in Juanita Gilbert’s estate. she received Medicaid benefits from 1996 until her death in 2015, totaling $137,023.29 and, after she died, the State wanted its money back. Juanita and her husband, Robert, owned real property in Butts […]
The Centers for Medicare and Medicaid Services launched the Guiding an Improved Dementia Experience (GUIDE) Model on July 1, 2024. It is a voluntary nationwide model test that aims to support people with dementia and their unpaid caregivers. The GUIDE Model is an attempt to provide Medicare funded comprehensive, coordinated dementia care to improve quality […]
