Elder Law

Medicare Open Enrollment

Medicare Open Enrollment takes place each year between October 15th and December 7th. During the Open Enrollment period, you can…

2 years ago

Court Cannot Substitute its Judgment for SNT Trustee’s Judgment as long as the Trustee Act Within Proper Limits

In McGee v. State Dep't of Health Care Servs., 2023 Ca. App. LEXIS 409 (Cal. Ct. App., 3d Dist. 5/24/2023),…

2 years ago

Standing in Medicaid and Other Cases

"In general, in order to maintain an action, a party “must establish standing to sue on the ground asserted, which…

2 years ago

No Right to Fair Hearing Unless You Complain About Something

In L.U. v. Division of Medical Assistance (N.J. Superior Court Docket A-2937-20, May 23, 2023), the Superior Court affirmed denial…

2 years ago

Employees versus Independent Contractors

Many families get this issue confused, but it's serious business for the IRS. In Cardiovascular Center, LLC v. Commissioner of…

2 years ago

Transfer to Trust Subject to Medicaid Transfer Penalty

In Henderson v. Dept. of Health and Human Services (May 18, 2023), a Medicaid applicant transferred significant resources, including the…

2 years ago

Selected Georgia Medicaid Decisions

The following Georgia Medicaid cases were litigated outside the context of an administrative hearing, or were appealed beyond that point.…

2 years ago

Callinan Letter to Kryglik – Cash Loans Must Be Legally Valid Under State Law

July 18, 2011 Paul A. Kryglik, Director Office of Regulations Social Security Administration 6401 Security Blvd Baltimore, MD 21235 Re:…

2 years ago

VA Updates Adjudication Procedures Manual to Allow Payment of Claims Where Appointment of Fiduciary was Pending at Tome of Death

During the week of May 1, 2023, the VA updated its Adjudication Procedures Manual to clarify that a claim in…

2 years ago

2023 Georgia Medicaid Penalty Divisor Increases

On May 4, 2023, the Department of Community Health announced the new state-wide average nursing facility private pay rate increased…

2 years ago