Agency Mistake No Basis For Retroactive Medicaid Eligibility
JULY 10, 2000 VOLUME 8, NUMBER 2 The federal-state Medicaid program was designed to make sure poor Americans would receive necessary medical care. It now pays for about half of all nursing home costs. Tragically, the program is so complicated that it often requires expert legal assistance to ensure that benefits are received in accordance […]
Court Invalidates “Power of Appointment” In Home Deed
MAY 22, 2000 VOLUME 7, NUMBER 47 Lucille Lucareli had three sons: Les Lee, Leigh and Robert. She owned her home in Racine, Wisconsin, and not much else. In 1996 she gave her son Les Lee a durable financial power of attorney, and she also took some steps to plan for the possibility that she […]
New Law Penalizes Gifts By SSI Applicants But Permits Trusts
DECEMBER 20, 1999 VOLUME 7, NUMBER 25 On December 14, 1999, President Clinton signed the Foster Care Independence Act of 1999. While most of the new federal legislation deals with foster care programs, it also changes the law and practice regarding so-called “Special Needs” trusts. The Supplemental Security Income (SSI) program, administered by but separate […]
Federal Initiative Combats Medicare and Medicaid Fraud
NOVEMBER 1, 1999 VOLUME 7, NUMBER 18 Two programs—Medicare and Medicaid—provide the majority of acute medical and long-term nursing care for America’s senior citizens. In fact, those two programs provide over one third of all medical care for Americans of all ages. With the total cost of those two programs approaching $400 billion per year, […]
Medicaid Eligibility Sometimes Requires Legal Assistance
AUGUST 2, 1999 VOLUME 7, NUMBER 5 Bipin Shah worked in New York as a chemical engineer. Along with his wife Kashmira and their two children, Mr. Shah lived in New Jersey. On August 1, 1996, while working in Suffolk County, New York, Mr. Shah suffered a serious head injury, resulting in his hospitalization in […]
Congressional Report Criticizes Monitoring Of Nursing Homes
MARCH 29, 1999 VOLUME 6, NUMBER 39 There are over 17,000 nursing homes in the United States, housing more than 1.6 million residents. The federal government will contribute $39 billion to the care of those nursing home residents in 1999. Recently, the U.S. Congress’ General Accounting Office (the GAO) was asked by five Democratic members […]
Three Common Myths About Paying For Nursing Home Care
JANUARY 25, 1999 VOLUME 6, NUMBER 30 The possibility of nursing home placement terrifies many seniors and their families. The specter of loss of control and dignity is part of the problem, but financial concerns may also be overwhelming. It does not help that accurate information is so difficult to obtain. Myths about nursing home […]
Special Needs Trust Created Too Late; Funds Go To State
JANUARY 11, 1999 VOLUME 6, NUMBER 28 Virgil Lamont Hamilton, a California child, was injured in a tragic swimming pool accident in 1982. Hamilton suffered severe brain damage, and will require total care and extensive medical treatment for the rest of his life. Since the accident, Hamilton has lived in a California state institution, Agnews […]
Medicaid Recovery Claimed Even After Death of Spouse
JANUARY 4, 1999 VOLUME 6, NUMBER 27 About half the cost of all nursing home care in this country is paid by the federal-state Medicaid program. The program is available to individuals who have reduced their assets below $2,000 (not counting homes, autos and a handful of other exempt assets). When the nursing home resident […]
Pre-Death Transfers By Two Seniors Invalidated As Frauds
NOVEMBER 24, 1997 VOLUME 5, NUMBER 21 Two recent cases, from the courts of Wisconsin and Tennessee, set aside transfers of property made by seniors prior to their deaths. While the circumstances are different, the two cases illustrate some of the typical motivations for gifts to children, as well as the possible effects of such […]