Blog

estate planning

One strategy used when planning for Medicaid eligibility is called “spousal refusal.” It is authorized under 42 U.S.C. § 1396r-5(c)(3). There, the federal statute provides: (3) Assignment of support rights The institutionalized spouse shall not be ineligible by reason of resources determined under paragraph (2) to be available for the cost of care where— (A) the […]

Georgia State Medicaid Plan - Rules of Evidence - Scholarly Articles - Medicaid's Obligation to Respond to a Medicaid Application - Appeal Challenging

The answer is, yes, maybe. At USA.gov, there are tips for caregiver support including links to programs that could pay you to serve as a family caregiver. That site offers the following insight: A caregiver helps a person with special medical needs in performing daily activities. Tasks include shopping for food and cooking, cleaning the […]

Georgia State Medicaid Plan - Rules of Evidence - Scholarly Articles - Medicaid's Obligation to Respond to a Medicaid Application - Appeal Challenging

Let’s assume Betty, a widow, will go to a Georgia nursing home in the near future (using 2022 eligibility rules and limits) and has the following resources: A home A retirement account A CD designated for burial in the amount of $14,000 One vehicle Savings of $15,000 Checking of $1,600 In addition to her resources, […]

Georgia State Medicaid Plan - Rules of Evidence - Scholarly Articles - Medicaid's Obligation to Respond to a Medicaid Application - Appeal Challenging

Several overriding rules control the creation and application of Medicaid eligibility criteria by the states. These rules are applicable to all mandatory and optional coverage groups, as well as all medically needy individuals.  First, a state may not impose any eligibility requirements prohibited by Title XIX. Next, the state must base coverage or optional coverage […]

Georgia State Medicaid Plan - Rules of Evidence - Scholarly Articles - Medicaid's Obligation to Respond to a Medicaid Application - Appeal Challenging

In a recent case (Dep’t of Tenncare 4/20/2022), Appellant’s application for nursing home Medicaid was denied due to ownership of a life insurance policy with a cash value of $2,184.66. She had been under a limited conservatorship since June 2, 2021. The Medicaid application was filed on July 21, 2021. Neither Appellant nor the limited […]

Georgia State Medicaid Plan - Rules of Evidence - Scholarly Articles - Medicaid's Obligation to Respond to a Medicaid Application - Appeal Challenging

In Geyen v. Commissioner of Minnesota Department of Human Services, 964 N.W.2d 639 (2021), Dorothy Geyen’s application for Medicaid was denied. In 2011, Geyen established two substantially identical irrevocable trusts. Each trust provided that the trustee could not make loans to Geyen and could not make gifts to her. Nonetheless, the Department took the position […]

Georgia State Medicaid Plan - Rules of Evidence - Scholarly Articles - Medicaid's Obligation to Respond to a Medicaid Application - Appeal Challenging

In American National Life Insurance Company v. Breslouf (Mass. Super. 6/3/2021), a Community Spouse named Julius Breslouf purchased a Medicaid annuity as part of the plan to secure Medicaid eligibility for his wife. The annuity named the Commonwealth of Massachusetts as the remainder beneficiary, followed by his daughter, Jennifer Brouslouf. Mr. Breslouf died before the […]

Ali

General News Sources: Oldest person in the US reportedly dies at 115 Supreme Court declines to hear case of Delphi retirees over lost pensions Big pensions are nearly 100% funded, the healthiest they’ve been since 2008 financial crisis Pre-tax vs. Roth 401(k): There’s more to consider than you think Widow’s dilemma: When to claim Social […]

The standards for the 2022 Community Spouse Resource Allowance and Community Spouse Monthly Income Allowance have been updated in the document below:

estate planning

Gifting is usually a last resort when creating a Medicaid Plan. The reason is gifts trigger a transfer of resources penalty. The Medicaid Transfer Penalty Worksheet can be used to calculate the penalty, but an additional worksheet is helpful when calculating the amount of income a Medicaid applicant must generate to private pay through the […]

Filter by

  • Select Categories

  • Select Tags

Start Here

Enter your name and email address to keep up with what’s new at EZ Elder Law!

  • This field is for validation purposes and should be left unchanged.