Public Benefits

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

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 CasesStanding in Medicaid and Other Cases

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 SomethingNo Right to Fair Hearing Unless You Complain About Something

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
Transfer to Trust Subject to Medicaid Transfer PenaltyTransfer to Trust Subject to Medicaid Transfer Penalty

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 DecisionsSelected Georgia Medicaid Decisions

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

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

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 Increases2023 Georgia Medicaid Penalty Divisor Increases

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
Should I remove the Nursing Home spouse’s name from accounts when there is a Community Spouse?Should I remove the Nursing Home spouse’s name from accounts when there is a Community Spouse?

Should I remove the Nursing Home spouse’s name from accounts when there is a Community Spouse?

When applying for Medicaid, the nursing home spouse (called the Institutionalized Spouse) is often a joint owner (or sole owner)…

2 years ago
State’s contigent interest in pooled trust sub-account ends when master trust retains funds, not when it uses themState’s contigent interest in pooled trust sub-account ends when master trust retains funds, not when it uses them

State’s contigent interest in pooled trust sub-account ends when master trust retains funds, not when it uses them

In the Matter of the Medical Assistance Pooled Special Needs Trust of Scott Hewitt (Iowa 2023), the State Medicaid agency…

2 years ago