Transfer Penalty

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
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
Transfer Penalties and the Community SpouseTransfer Penalties and the Community Spouse

Transfer Penalties and the Community Spouse

Some couples might consider reducing the size of the marital estate by giving their resources away. Frequently this is the…

3 years ago
Practical Considerations when Preparing Medicaid ApplicationsPractical Considerations when Preparing Medicaid Applications

Practical Considerations when Preparing Medicaid Applications

If you agree to file a client's Medicaid application as part of your representation, here are a few practical considerations.…

3 years ago
Transfer PenaltiesTransfer Penalties

Transfer Penalties

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

3 years ago
Can I get paid to be a caregiver for a family member?Can I get paid to be a caregiver for a family member?

Can I get paid to be a caregiver for a family member?

The answer is, yes, maybe. At USA.gov, there are tips for caregiver support including links to programs that could pay…

3 years ago
Excel Worksheet to Estimate Effect of Gifting with Offsetting Promissory NoteExcel Worksheet to Estimate Effect of Gifting with Offsetting Promissory Note

Excel Worksheet to Estimate Effect of Gifting with Offsetting Promissory Note

Gifting is usually a last resort when creating a Medicaid Plan. The reason is gifts trigger a transfer of resources…

3 years ago
Medicaid Transfer Penalty WorksheetMedicaid Transfer Penalty Worksheet

Medicaid Transfer Penalty Worksheet

The form below was developed by the Georgia Department of Community Health and is based on Section 2342-11 of the…

3 years ago