Federal regulations require Medicaid agencies to afford individuals the opportunity to apply for Medicaid without delay. 42 CFR § 435.906. An application may be filed on the internet, by telephone, by mail, in person and through other commonly used electronic means. 42 CFR § 435.907. All applications must be signed under penalty of perjury. 42 […]
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Sometime people assume monthly income counts toward the $2,000 resource limit. Assets (anything of value) are either income or resources. ” An asset cannot be considered income and a resource during the same month.” Georgia ABD Manual 2300-1 and 2300-2.  See also POMS SI 01110.600 B.3.This confuses many people because they are trying to keep bank […]
Every year the Supplemental Security Income (SSI) benefit rate and Medicaid resource allowances are updated. For 2022, the federal benefit rate increased by 5.9%. There was no change in the SSI benefit rate. The SSI monthly benefit increased to $841. This means the Medicaid income cap increases to $2,523 of gross monthly income. The one-third […]
H.R. 1717, known as the Protecting Married Seniors from Impoverishment Act of 2021, and a companion bill in the Senate (S.1099) would require States to extend Community Spouse Resource and Income allowances to couples needing in-home care. A temporary modification extending these protections was already in place through the Consolidated Appropriations Act, 2021 (Pub. L. […]
News Sources Year-end charitable tax planning tips When Seniors are Targeted in Schemes 14 Rollover Tax Facts to Know Rosetta Stone Offers Lifetime Deal to Learn Unlimited Languages (?Limited time?) November is National Family Caregivers Month (Autism Society) National Family Caregiver Month (VA) EZ Elder Law Trademark Application to be published in Official Gazette November […]
The form below was developed by the Georgia Department of Community Health and is based on Section 2342-11 of the Georgia ABD Medicaid Manual:
What are people talking about when they say you have to “spend down” to become eligible for Medicaid? Well, it can describe two different things. Most of the time elder law attorneys are referring to to resource spend-down where the applicant is trying to get below the resource eligibiity threshold. But it can also refer […]
The spreadsheet included below can be used to help total your countable and exempt resources when evaluating your eligibility for public benefits like Medicaid.
In Richards v. Georgia Department of Community Health, 278 Ga. 757 (2004), a class of plaintiffs sued DCH contending that O.C.G.A. § 49-4-149 was illegal as applied. The Department’s position was that its claim for reimbursement applied to all funds received by a plaintiff through litigation against responsible third-parties. The plaintiffs argued that DCH’s claim […]
