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Medicaid

Medicare Rehabilitation Days

Medicare Rehabilitation Days

Q:  I recently fell and broke my hip.  I am now being discharged from the hospital to a rehabilitation facility, will Medicare pay for my stay?   A:  As you may know, Medicare will pay for a patient to receive rehabilitation in a facility if they have a qualifying stay in a hospital, i.e. being admitted to the hospital for two nights. The first twenty days of rehabilitation are completely covered by Medicare. The twenty first day through the one hundredth day will have more »

Effects of Income Change on Medicaid

Effects of Income Change on Medicaid

Q: I am looking into different care options for my mom, but I am concerned that she will lose her income to pay for care.  This is the money she lives on every month.  I recently heard that I could get her care at home through Medicaid and she would still be able to use her income for her regular monthly expenses.  How does this work? A: Community Medicaid is a great way to get the care mom needs at home while still being able to use all of her income for her every day expenses.& more »

Medicaid Asset Protection Trusts and Taxes

Medicaid Asset Protection Trusts and Taxes

Question:  My mother has a Medicaid Asset Protection Trust and her house has been owned by this trust for 6 years.  She purchased the house in 1980 for $30,000. It's now worth $400,000. What will be the tax consequences if she sells the house while she is alive? What if we sell it after her death?  Answer:  First, let me say that an attorney should review the trust.  Not all trusts are the same and the answer to your question depends upon what terms are contained in th more »

Medicaid and Elective Share

Medicaid and Elective Share

We are frequently asked whether it is a good idea to disinherit your spouse due to the possibility of nursing home care in the future.  While updating your estate planning documents is a good idea, simply disinheriting your spouse may not protect your estate in the event s/he needs to go to a nursing facility.  If your spouse requires care in a nursing facility and wants to rely on Chronic Medicaid to pay for it, the Department of Social Services will conduct a five-year lookback.  more »

Gifting

Gifting

Q: I have 5 grandchildren and want to start gifting them money every year to help support their growing families.  What are some gift tax consequences I need to consider?  Do my grandchildren have to pay a tax on the gift?  I have a relatively large estate, how will gifting affect this?  A: Under Federal law, a person can gift up to $15,000 per person, per year, without having to report the gift on a Gift Tax Return (Form 709). This is called the annual exclusion amount. A more »

Medicaid Financial Levels for 2019

Medicaid Financial Levels for 2019

Question:  My husband may require care in a Nursing facility.  I was considering applying for Medicaid but I have heard that we could lose everything if we accept assistance through the Medicaid program.  Is this correct? Answer: No, however this is a common misconception.  Medicaid is a means tested program and accordingly applicants must meet certain income and asset requirements.  Rest assured, despite these requirements, there are protections for spouses who remai more »

Consumer Directed Personal Assistance Program (CDPAP)

Consumer Directed Personal Assistance Program (CDPAP)

The Consumer Directed Personal Assistance Program (CDPAP) is a Medicaid program that allows a Medicaid applicant, or their representative, to choose the individual (or individuals) to provide care at home rather than using an aide from a home health agency. Under the Medicaid process, once an applicant is approved for Medicaid, they will undergo at least one assessment to help determine how many hours of care the applicant will receive with a Managed Long Term Care plan (MLTC).  The applic more »

Medicaid and Elective Share

Medicaid and Elective Share

Question:   My wife suffers from Alzheimer’s.  Currently, I am her primary caregiver, but I am worried that if I predecease her, she will need to go to a nursing facility.  One of my friends suggested executing a new Last Will & Testament that disinherits my wife and leaves my estate to my children.  Should I do this? Answer:  While updating your estate planning documents is a good idea, simply disinheriting your spouse may not protect your estate in the more »

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 »

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