WGY Ask The Expert: Medicaid- Facing Cuts?

JANUARY 9- IF MEDICAID IS ON THE FEDERAL CHOPPING BLOCK, WHAT SHOULD YOU DO?

With the recently-passed tax bill in the news, many are fearful Medicaid funds will be cut. That’s been a goal for Congressional Republicans for many years. Lou explains that the tax bill is estimated to add 1.4 trillion dollars to the deficit, which is also an impetus for cuts in the entitlement prorams. Medicare, a health care program for the elderly, could face cuts. Medicaid, which is a Federal-State health insurance program for low-income and needy people, may be cut as well. Eligibility rules for the program could also change. Lou’s biggest piece of advice is to plan ahead and soon! If you do legal planning under current eligibility rules, you will be grandfathered in, meaning that Medicaid can’t revoke your assistance down the road.

Give us a ring to get started. Pierro, Connor & Associates offers a free consultation at any of our locations or by phone. Call 1-518-459-2100 or email us at [email protected]

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Why You Should Use a Lawyer for Medicaid Planning

Many seniors and their families don’t use a lawyer to plan for long-term care or Medicaid, often because they’re afraid of the cost. But an attorney can help you save money in the long run as well as make sure you are getting the best care for your loved one.

Instead of taking steps based on what you’ve heard from others, doing nothing, or enlisting a non-lawyer referred by a nursing home, you can hire an elder law attorney. Here are a few reasons why you should at least consider this option:

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Whether Rich or Poor, There Are Four Reasons Why Medicaid Is Priceless

Say you or a loved one with special needs just won a multi-million-dollar lawsuit award or settlement.  While the case was pending, Medicaid was paying the medical bills.  By setting up a special needs trust, you can preserve the beneficiary’s eligibility for Medicaid and other government benefits.  However, many newly “wealthy” clients ask what the value is of staying on Medicaid.  After all, shouldn’t millions of dollars be sufficient to pay for health care?  Wouldn’t it be nice to forget about income and asset limits?  Why do we need a special needs trust?

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Congress Considering Limiting Use of Spousal Annuities by Medicaid Applicants

Although the following is not a favored practice in the State of New York, this article illustrates the current climate and foreclosing planning opportunities.

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Finding the Right Elder Law Attorney: Penalty Period Appropriate for Medicaid Applicant Who Did Not Show Past Pattern of Transfers

Seniors face complex legal concerns that are different from what they faced when they were younger.  Certain actions that you take may have unintended legal effects.  As a senior or someone who’s helping make decisions for a senior, it’s important that you work with an attorney who is knowledgeable in Elder Law.  You will want to hire the attorney who regularly handles matters in the area of concern in your particular case and who will know enough about the other fields to question whether the action being taken might be affected by laws in any of the other areas of law.  To avoid Substantial Avoidable Penalties, you should contact an experienced Elder Law attorney to address those issues.

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Federal Medicaid Law Preempts Less Restrictive State Regulation Regarding Annuities

The U.S. Court of Appeals for the Sixth Circuit rules that a case by the family of a Kentucky Medicaid recipient challenging the state’s adherence to federal law regarding spousal annuities rather than to a less restrictive state regulation is dismissed because federal law preempts the state regulation. Singleton v. Commenwealth of Kentucky (6th Cir., No. 16-5596, Dec. 6, 2016).

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No Medicaid Penalty in Transfer of House to Daughter Who Paid Mortgage

When a loved one requires Medicaid there are many defenses that can be used to protect your family’s assets in given situations. Hiring a qualified Elder Law attorney is paramount to ensure you and your family receive the care they need while protecting assets.

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Medicaid Mistakes: A Nursing Home’s Fraudulent Transfer Claim Against Resident’s Sons Can Move Forward

A U.S. district court rules that a nursing home can proceed with its case against the sons of a resident who transferred the resident’s funds to themselves because the fraudulent transfer claim survived the resident’s death. Kindred Nursing Centers East, LLC v. Estate of Barbara Nyce (U.S. Dist. Ct., D. Vt., No. 5:16-cv-73, June 21, 2016).

Roger and Kinsley Nyce were agents under their mother’s power of attorney. The Nyces’ mother, Barbara Nyce, entered a nursing home and signed an admission agreement in which she agreed to pay the nursing home or apply for Medicaid. Ms. Nyce filed for Medicaid, but the application was denied because the Nyces withdrew money from Ms. Nyce’s bank accounts to pay themselves. Ms. Nyce also transferred her property to her sons. Ms. Nyce died owing the nursing home $137,586.92.

After Ms. Nyce died, the nursing home sued her estate as well as the Nyces for fraudulent transfer. The estate cross-claimed against the Nyces, alleging breach of fiduciary duty and conversion. The case was removed to federal court, and the Nyces moved to dismiss the claims. The Nyces argued that the estate couldn’t sue for fraudulent transfer after Ms. Nyce died and that the estate’s cross claim fits into the probate exception to federal jurisdiction.

The United States District Court, District of Vermont, denies the motion to dismiss. The court holds that the fraudulent transfer claim survived Ms. Nyce’s death because state law does not require that there be a pending claim in order for an action to survive. The court further holds that the probate exception cannot be used to dismiss widely recognized torts, such as breach of fiduciary duty.

You can avoid these situations; if you’re applying for Medicaid make sure that you have qualified counsel to help you through your Medicaid application process, an experienced Medicaid Attorney can help you make sure your these circumstances do not enter your life.  We are here to help.  Set up a free consultation with our Medicaid Attorneys, and we will show you how you have the ability to safely protect your assets while receiving the Medicaid care that you require.

*For the full text of this court decision Click Here 

Article posted by:

Aaron E. Connor, Esq. 

Partner atPierro, Connor & Associates, LLC

For more information on how we can help, or to get in touch with Aaron E. Connor, Esq. please contact Adam Jones, MBA, Director of Client Development at Pierro, Connor & Associates, LLC: 

Tel: 866-951-PLAN   

Email: [email protected]

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Medicaid’s Benefits for Assisted Living Facility Residents

Assisted living facilities are a housing option for people who can still live independently but who need some assistance.  Costs can range from $2,000 to more than $6,000 a month, depending on location. Medicare won’t pay for this type of care, but Medicaid might.  Almost all state Medicaid programs will cover at least some assisted living costs for eligible residents.

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Don’t Risk Having Your Medicaid Application Denied by Do-It-Yourself Medicaid

A Pennsylvania appeals court rules that an appeal filed by a nursing home five years after the state denied Medicaid benefits to a resident is untimely and that there was no breakdown in the administrative process that would justify allowing the appeal to proceed. Congdon v. Department of Human Services (Pa. Commw. Ct., No. 1817 C.D. 2015, May 25, 2016).

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