Public Benefits

Medicaid Estate Recovery is Required

At common law there is no obligation to reimburse the government for financial support and services received while impoverished. When…

4 months ago

Structure of the Medicaid Program

“Each participating State develops a plan containing reasonable standards . . . for determining eligibility for and the extent of…

4 months ago

Introduction to Medicaid Estate Recovery

Medicaid, as opposed to Medicare, is a health insurance program, jointly funded by the state and federal governments that pays…

4 months ago

Idaho Medicaid Agency Sets Aside Deeds to Grandchildren in Estate Recovery Action

In State of Idaho v. Beason, 546 P.3d 684 (2024), the Medicaid agency filed an estate recovery claim in Juanita…

4 months ago

Medicaid Post Eligibility Treatment of Income and Incurred Medical Expenses

Medicaid Post Eligibility Treatment of Income and Incurred Medical Expenses After Medicaid eligibility is established, 42 C.F.R. § 435.725 addresses…

4 months ago

Medicaid’s Refusal to Provide 24/7 Care in the Community Might be Discrimination

Medicaid's Refusal to Provide 24/7 Care in the Community Might be Discrimination In Harrison v. Young (5th Cir. June 6,…

4 months ago

New Article Discussing Medicaid Enrollment and Wealth Transfers

On June 11, 2024, the Gerontologist published an article on Medicaid enrollment and Intergenerational transfers of wealth among older adults.…

5 months ago

Medicaid’s “any circumstance” test for trusts

Medicaid's "Any Circumstance" Test for Trusts In case you missed the memo, Medicaid doesn't like trusts. The rules relating to…

5 months ago

SNT Trustee Ordered to Reimburse Some Conservator Expenses

SNT Trustee Ordered to Reimburse Some Conservator Expenses In Weidner v. Stevenson (Cal. App. 2nd Dist. May 13, 2024), Roberta…

5 months ago

SNT Payback Provision Enforced

In Agency for Health Care Administration v. Spence (Fla. App. 3rd Dist May 22, 2024) the Court of Appeals reversed…

5 months ago