In Gallardo v. Marstiller (U.S. June 6, 2022 (Google Scholar link)), the U.S. Supreme Court held that a State may seek reimbursement of future medical expenses from injury settlement funds. Prior to Gallardo, the primary cases governing the extent of a State’s right to seek reimbursement for medical assistance (Medicaid) were Arkansas Dep’t of Health […]
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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 […]
The following are the Covid 19 Medicaid Waivers we’re aware of. If you have information on others, please let us know at websupport@ezelderlaw.com. Policy Round Up: COVID-19 updates, opioid use disorders and the ADA, hospital and nursing home ownership, input opportunities CMS: Coronavirus waivers & flexibilities CMS: Internal Medicaid and Chip Covid 19 Summary CMS […]
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 […]
In 2020, the DC Circuit Court of Appeals decided Gresham v. Azar, 950 F.3d 93 (2020). There, the Court of Appeals affirmed a District Court decision halting Arkansas Works, a program that imposed work requirements on impoverished adults seeking Medicaid under the ACA expansion. Arkansas Works included new requirements in addition to the much-discussed work […]