Elder Law

Elder Law and Special Needs Law News Roundup – 9-23-2022

We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus…

2 years ago

Update on Talevski v. Health and Hospital Corporation of Marion County

In our August 26, 2022, News Roundup, we reported that Talevski v. Health and Hospital Corporation of Marion County (HHC)…

2 years ago

CMS Virtual Workshops: List Published 9-21-2022

The Centers for Medicare and Medicaid Services (CMS) regularly records and posts informational workshops on a variety of subjects. For…

2 years ago

Elder Law and Special Needs Law News Roundup – 9-16-2022

We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus…

2 years ago

Transfer Penalties

Medicaid beneficiaries cannot “fix” eligibility by giving away resources. A transfer of resources without receipt of fair market value will…

2 years ago

Changing the Default Rules for a Community Spouse

As with the income rules, the resource defaults may be changed. First, if all of the Applicant's income has been…

2 years ago

Default Community Spouse Resource Allowance

A Community Spouse is entitled to a resource allowance in addition to the income allowance. 42 U.S. Code § 1396r–5(f)(1)…

2 years ago

Deeming

The SSI regulations describe deeming as the process of considering another person's income or resources to be your own. See…

2 years ago

Resource Eligibility

As a general rule, all countable resources owned by the Institutionalized Spouse are considered available to pay his or her…

2 years ago

Income of the Community Spouse

The law protects a Community Spouse with low income. It does this by diverting a portion of the applicant's income…

2 years ago