Medicaid

Tenncare Estate Recovery, New Statute of Limitations

TCA 30-2-310 was amended effective April 7, 2021. Tennessee Code Annotated, Section 30-2-310, is amended by adding the following as…

4 years ago

Caregiver child exception to penalty on transfer of the home

The general rule under 42 U.S. Code § 1396p(c)(1) is that any transfer for less than fair market value results…

4 years ago

Medicaid Trusts: Cases

Trust corpus found to be countable ( R.I. Super.) ------------------------------------- Jeanne M. Biagetti established a revocable trust in 1998. According…

4 years ago

Filial responsibility – Can I be responsible for my parent’s medical debt?

A filial responsibility law is one making relatives financially responsible for the care of another. Virtually every state requires parents…

4 years ago

Medicaid: Cases

Cooperative federalism is not license to re-write clear federal rules (Co. App.) Ruth Koehler sued the Department after it terminated…

4 years ago

Medicaid: Community Spouse Income Allowance

Hogberg v. State Dep’t of Soc. Servs., 2009 Conn. Super. LEXIS 50 (2009). Lynda Hogberg was admitted to a nursing…

4 years ago

Medicaid: Annuities

James v. Richman, 465 F. Supp. 2d 395 (M.D. Pa. 2006). Robert and Josephine James were married when Robert went…

4 years ago

Medicaid: Deficit Reduction Act of 2005

The Deficit Reduction Act of 2005, Pub. L. No. 109-171 (Effective date February 8, 2006). The Deficit Reduction Act of…

4 years ago

Medicaid: General Principles Explained by the Courts

Harris v. McRae, 448 U.S. 297 (1980). The Medicaid program created by Title XIX is a cooperative endeavor in which…

4 years ago

Medicaid: Common Abbreviations and Definitions

CMS: Centers for Medicare and Medicaid Services. Community Spouse The spouse of an institutionalized spouse. 42 U.S.C. § 1396r-5(h)(2). CSMIA:…

4 years ago