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 […]
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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 […]
The Georgia Department of Community Health recently announced the 2022 Presumptive Eligibility Medical Assistance Federal Poverty Levels. These new income limits should be used for all PE determinations completed by Qualified Hospitals effective March 1, 2022. Both memos are below:
In Moore v. Noogle, (N.D. GA Case No. 1:19-CV-3296-TWT, 1/24/2022), the Court heard from James Moore and John Panuska, both of whom were injured in seperate motor vehicle collisions. Each had a special needs trust and each applied for newly approved, but not yet implemented, “skilled nursing hourly” benefit under Georgia Medicaid’s ICWP waiver. Delays […]
Aged, blind, or disabled individual means an individual who— (A) is 65 years of age or older, is blind (as determined under paragraph (2)), or is disabled (as determined under paragraph (3)), and (B) (i) is a resident of the United States, and is either (I) a citizen or (II) an alien lawfully admitted for […]
Medicare covers treatment that is medically reasonable and necessary during a benefit period. Medicare beneficiaries are entitled to 90 days of coverage per benefit period (although each Medicare beneficiary has a 60 day lifetime reserve that can be used to extend coverage). The skilled nursing facility coverage provided through Medicare Part A (following a qualifying […]