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Medicaid

Trusts for Mommy and Me

Trusts for Mommy and Me

Question:  My mother has a trust that protects her house in case she needs long term care in a nursing home.  Is this legal?  Also, when she dies the trust is paid to another trust for me.  Do I need this?  I am only 53 and my mother is 75.  Answer: I assume what you are describing is an Irrevocable Medicaid qualifying trust.  Based upon that assumption, the trust is a very common and effective way to protect assets in case your mother later needs nursing hom more »

Immediate Need Medicaid

Immediate Need Medicaid

Q: My mother has been in a rehabilitation facility for the last 6 weeks and will be discharged any day now.  She is unable to care for herself and we desperately need help at home. I want to apply for Medicaid to help pay for the care, but I heard this can take months.  Is there a way to get the care in place faster?   A: There are two ways to get homecare Medicaid in place.  The first is to submit a regular Medicaid application, which often takes several months before the more »

Garn-St Germain Depository Institutions Act

Garn-St Germain Depository Institutions Act

Question: I have created a Medicaid Qualifying Irrevocable Trust and I am attempting to transfer my home to my trust. The bank which holds my mortgage has advised that they do not allow transfers to Irrevocable Trusts. Can they prevent me from protecting my house?  What can they do? Answer: No, your bank should allow the transfer of your home to you Irrevocable Trust. First, it is important to understand why your bank is pushing back on this transfer. Your bank is likely claiming that this more »

Pre-need & Chronic Medicaid

When someone enters a nursing facility, an application for Chronic Medicaid may be appropriate.  The average cost of a nursing facility on Long Island is $15,000.00 per month.  This type of cost would exhaust assets very quickly in most cases.  Chronic Medicaid is the program that covers nursing home care.  Medicaid is a needs based program which means there are resource and income requirements that must be met.  For 2017, an individual applying for Chronic Medicaid more »

Medicare Open Enrollment

Medicare Open Enrollment

Question: I’m currently enrolled in a Medicare Advantage Plan and was told that I should switch to traditional Medicare, I am getting overwhelmed with all of the choices and options.  Answer: Fall Open Enrollment for Medicare begins on October 15 this year and will last until December 7th.   During this time period those who are enrolled in Medicare can make changes to their health plan and prescription drug coverage without penalty.  During this time those who are enr more »

Aging in Place

Aging in Place

Concerns about accessing Long Term Care in the community is something we often discuss with our clients.  How will they access the care? Who will pay for it? Is the care reliable? Can I safely and affordably age in place? The positive news is that there are many options for care in the community.  We are fortunate to live in an area where care is accessible, reliable and affordable.  Many of our clients are surprised to learn that Community Medicaid is a way to access care in the more »

Will the Government Take My Home If I Apply for Medicaid?

Will the Government Take My Home If I Apply for Medicaid?

Q:  Is it true that if I get help from Medicaid the government will take my home?   A:  No, that is not true, the government does not take the home of those who need assistance from the Medicaid program.  However, without proper planning, there is a potential that the government will deny you payment for your care or put a lien on your home during your lifetime or after you die as repayment for care that you received.  It is important to realize that there are two typ more »

Gifting and Medicaid

Gifting and Medicaid

Gifting and Medicaid planning is commonly misunderstood.  We often see clients who believe that the gifting rules for Medicaid are the same as the IRS gifting regulations.  The IRS allows a person to give up to $15,000.00 per person annually without penalty.  Under the Code, all gifts made in any given year are subject to a gift tax.  However, the first $15,000.00 gifted to each individual in any given year is exempted from the gift tax, and for that reason, for many individu more »

Community Medicaid Update

Community Medicaid Update

One of the issues that we see facing many of our clients is an inability to implement and access services once an application for Community Medicaid has been filed and approved.  Oftentimes the reason for this is that they are unaware that there is a secondary process which much be followed to access the services, moreover for those clients who have been receiving services they often face a reduction of hours and are unaware that they can appeal that decision.  After an individual is f more »

Medicaid Recertification

Medicaid Recertification

Question:         My mom is currently approved for Community Medicaid.  I received a notification that her benefits need to be recertified.  Is this something I should go back to my attorney to handle or can I fill it out myself?   Answer:           Once someone has been approved for Community Medicaid (home care benefits) or Chronic Medicaid (nursing home benefits) they will need to recert more »

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