Long-term Services and Supports Income and Asset Rules: Application With MAGI Eligible Medicaid Beneficiaries
|
|
- Thomasina Norris
- 6 years ago
- Views:
Transcription
1 Long-term Services and Supports Income and Asset Rules: Application With MAGI Eligible Medicaid Beneficiaries Backgrounder Eligibility for Medicaid s long-term services and supports i (LTSS) is limited to people who meet a state-designed assessment for functional need and certain financial standards. LTSS refers to a range of health and health-related services and supports that are needed by individuals over an extended period of time and are provided in the home or an institutional setting. Within broad federal standards, states determine if an individual meets the functional criteria by assessing limitations in an individual s ability to carry out activities of daily living (ADL) and instrumental activities of daily living (IADL). LTSS are paid by a variety of public and private sources, but public sources account for the majority (72.8 percent) of spending in recent years. Nearly half of the nation s $263 billion long-term care expenditures in 2010 were paid by Medicaid (GAO Medicaid Long-Term Care). The financial eligibility criteria are based on an individuals assets income and resources together. The Medicaid statute requires states to use specific income and resource standards in determining eligibility: these standards differ based on whether an individual is married or single. Individuals can meet the Medicaid income and asset eligibility criteria in one of three ways: 1. They have income and assets equal to or below state-specified thresholds, 2. They deplete their income and assets on the cost of their care, thus spending down, or 3. They divest of their assets or transfer assets to meet these income and asset standards sooner than they otherwise might if they first had to spend their income and assets on the cost of their care. There are federal rules concerning Medicaid eligibility and the transfer of assets. Types of Assets and Examples Type of Assets Examples Income Money earned from work Money generated from resources, such as interest, dividends, and annuity payments a Money received from other sources, such as Social Security, worker s compensation, and unemployment benefits Resources Cash Bank accounts Stocks Bonds Trusts b Annuities Real Estate Vehicles (such as automobiles and boats) Life Insurance Source: GAO analysis of SSI Requirements a Some resources produce income. For example, an annuity is a financial instrument that provides income over a defined period of time for an initial payment of principal. The principal of an annuity may be considered a resource, while the payments it generates are considered income. b A trustee is any arrangement in which a grantor transfers property to a trustee with the intention that it be held, managed, or administered by the trustee for the benefit of the grantor or certain designated individuals.
2 Estate Recovery Other provisions in Medicaid seek to recover Medicaid costs through estate recover programs. Federal Medicaid Law requires states to recover from beneficiary estates any amounts paid for certain LTSS and other related services upon a beneficiary s death 1 Specifically, states are required to pursue the estates of: Individuals receiving services in a nursing facility or intermediate care facility 2 for the developmentally disabled (ICF/DD), regardless of age upon the sale of property subject to a lien, and Individuals aged 55 and older who received Medicaid assistance in nursing facilities, home and community-based services (HCBS), and related hospital and prescription drug services. 3 According to a Consumer Reports release Jan. 27, 2014, 10 states California, Colorado, Iowa, Massachusetts, Nevada, New Jersey, New York, North Dakota, Ohio, and Rhode Island plan to recoup some of the money spent on Medicaid enrollees 55 and older for basic health services after their death. The federal law provides states this option. The Omnibus Budget Reconciliation Act (OBRA) of 1993 Since the enactment of the Omnibus Budget Reconciliation Act (OBRA) of 1993, Medicaid s rules concerning eligibility, asset transfers, and estate recovery have been designed to restrict access to Medicaid s long-term services to those individuals who are within certain income parameters or have very high medical or long-term care expenses. Medicaid imposes stringent limits on income and assets of recipients, consistent with its mission to provide a health care safety net for the poor and for those whose personal resources are insufficient to pay the full cost of care. In order to fulfill this mission, Medicaid also recovers expenses paid on behalf of recipients from their estates under certain circumstances. OBRA 93 requires states to recover, at a minimum, all property and assets that pass from a deceased person to his or her heirs under state probate law, which governs both property conveyed by will and property of persons who die intestate. The State Medicaid Manual describes exemptions for certain property of American Indians and Alaskan Natives, as well as government reparations payments to individuals. See Section 3810.A.7. A state s ability to recover from probate estates depends in some measure on Medicaid s standing vis-à-vis other claimants. The order of payment of debt is established under state law. Mortgages, unpaid tax or public utility bills, child support arrears, burial costs, or other debts may be paid before the Medicaid lien and reduce the amount that is actually recovered. The state s standing is also influenced by locally determined state priorities. For example, some state laws protect the family home in an estate from some or all claims against it, including Medicaid claims. The Deficit Reduction Act (DRA) of 2005 In 2005, the DRA introduced new rules to strengthen provisions in Medicaid law that discourage the improper transfer of assets to gain Medicaid eligibility. Additional rules apply to Medicaid beneficiaries who require LTSS coverage. The DRA extended the look-back period, changes the beginning date of the penalty period, and provided 1 Section 1917(b) of the SSA describes estate recovery provisions. 2 Intermediate Care Facilities for individuals with Mental Retardation (ICF/MR) is an optional Medicaid benefit that enables States to provide comprehensive and individualized health care and rehabilitation services to individuals to promote their functional status and independence. Although it is an optional benefit, all States offer it, if only as an alternative to home and community-based services waivers for individuals at the ICF/MR level of care. 3 Congressional Research Service (CRS), Report , Medicaid Financial Eligibility for Long-term Services and Supports, Kirsten J. Colello, April 24,
3 additional conditions on the application process for undue hardship waivers. The Act contained new provisions that altered review and verification of income procedures and imposed penalty periods. Consequently, if a state determines that an individual has transferred assets for less than fair market value (FMV), the individual may be ineligible for Medicaid coverage for LTSS during a penalty period. The penalty period is calculated by dividing the dollar amount of the assets transferred by the average monthly private-pay rate for nursing home care in the state (or the community, at the option of the state). 3
4 DRA Changes to Provisions Related to Transfers of Assets Topic Provisions prior to the DRA DRA provisions Look-back period 36 months for most assets, 60 months for transfers involving certain types of trusts, from the date the individual was institutionalized and applied for Medicaid 60 months for all assets, from the date the individual was institutionalized and applied for Medicaid a Beginning date of penalty period Approximately the date of the asset transfer b Generally, the later of (1) the first day of a month during or after an individual transfers assets for less than FMV or (2) the date on which the individual is eligible for Medicaid and would otherwise be receiving coverage for long-term care services, were it not for ineligibility due to the imposition of the penalty period Undue hardship Source: GAO analysis of the Social Security Act before and after the DRA Penalty period for asset transfers would not be applied if the state determines that the denial of eligibility would create an undue hardship as determined on the basis of criteria established by the Secretary of Health and Human Services (HHS) Undue hardship exists if application of the penalty period would deprive an individual of (1) medical care such that the individual s health or life would be endangered or (2) food, clothing, shelter, or other necessities of life c Allows the long-term care facility to apply for an undue hardship provision on behalf of a resident, with that resident s consent a The DRA provides that only transfers of assets made on or after February 8, 2006, are subject to the 60-month look-back period. Thus, transfers made prior to February 8, 2006, could result in a penalty period only if they occur within 36 months from the date an institutionalized person submitted an application. In contrast, transfers made on or after February 8, 2006, could result in a penalty period if they occur within 60 months of the date of application. Given this, as a practical matter, the look-back period will gradually increase from 36 to 60 months and will reach the full 60 months on February 8, b States had the option to begin the penalty period on either the first day of the month in which the asset was transferred for less than FMV or the first day of the month following the month of transfer. c The criteria for determining undue hardship are the same as those that had previously been established by the Secretary of HHS in Medicaid guidance, namely The State Medicaid Manual. 4
5 Provisions Introduced by the DRA Related to Medicaid Eligibility for Long-term Care and Asset Transfers DRA Provision Description Asset review and verification Annuities Continuing care retirement communities States are required to treat the purchase of an annuity as a transfer for less than FMV unless the annuity names the state as either (1) the remainder beneficiary in the first position for at least the total amount of Medicaid expenditures paid on behalf of the annuitant or (2) a remainder beneficiary in the second position after the community spouse or minor or disabled child. Annuities purchased by or on the behalf of an individual who applied for Medicaid coverage for long-term care shall be treated as a transfer of assets for less than FMV unless the annuity is irrevocable, nonassignable, actuarially sound, and provides for payments in equal amounts during the term of the annuity, with no deferral and no balloon payments. Annuities purchased by or on the behalf of an individual who applied for Medicaid coverage for long-term care services that are considered as individual retirement accounts or purchased with the proceeds of certain retirement accounts and meet certain federal tax code requirements are not considered transfers for less than FMV. States are required to consider certain entrance fees for continuing care retirement communities or life care communities as countable resources. Home equity Income-first rule Life estates Notes and loans Imposition of Penalty Period Imposition of partial months of ineligibility Treatment of multiple transfers Source: GAO analysis of the DRA. An individual with an equity interest in his/her home of more than $500,000 is excluded from eligibility for Medicaid payment for long-term care. (A state can elect to increase this value up to $750,000.) However, an individual would not be excluded from eligibility if his/her spouse, child under age 21, or child who is considered blind or disabled lives in the home. When calculating the community spouse s minimum needs allowance, states are required to allocate the available income of the institutionalized spouse before allocating any available resources to the community spouse. A purchase of a life estate interest in another person s home is treated as a transfer of assets for less than FMV unless the purchaser lived in the home for at least 1 year after the date of purchase. a States are required to consider funds used to purchase a promissory note, loan, or mortgage as a transfer of assets for less than FMV unless the repayment terms are actuarially sound, provide for payments to be made in equal amounts during the term of the loan with no deferral or balloon payments, and prohibit the cancellation of the balance upon the death of the lender. A state cannot round down or disregard any fractional period of ineligibility when determining the penalty period. For an individual or an individual s spouse who makes multiple fractional transfers of assets (i.e., transfers for less than FMV that are worth less than 1 month of nursing home cost of care) during the look-back period, states may determine the penalty period by treating the total, cumulative uncompensated value of all the assets transferred as one transfer. a A life interest, or life estate, is an interest in real property that gives the owner of the interest the right to use and possess the property only for the duration of the life of a person, usually the person who occupies the premises. 5
6 The Affordable Care Act (ACA) and the Application of Income and Asset Rules to MAGI Eligibles The ACA established a new simplified method for calculating income eligibility for Medicaid, Children s Health Insurance Program (CHIP) and financial assistance available through the health insurance marketplace based on what is called modified adjusted gross income (MAGI). Beginning Jan. 1, 2014, the methodology for determining income based on MAGI applied to both Medicaid and CHIP eligibility for most enrollees, including children, pregnant women, parents and other caretaker relatives and the new adult group (as applicable in a state) will apply in all states. Individuals whose Medicaid eligibility is determined using MAGI rules are not subject to an asset or resources test for purposes of determining Medicaid eligibility. However, a number of other statutory provisions are implicated when an individual seeks Medicaid coverage for LTSS. In response to state requests for clarification, the Center for Medicaid and CHIP Operations (CMCS) issued guidance (SMDL #14-001, ACA #29, ) concerning the application of asset counting rules, used in LTSS eligibility determinations, for individuals deemed Medicaid eligible under the new ACA methodologies who have requested LTSS. The guidance reemphasizes that people in the MAGI group will qualify for LTSS through one of multiple pathways, including services in a state s approved Alternative Benefit Package (ABP) or if an individual qualifies under the medically frail category. The following table describes existing rules and how they may apply to this population. 6
7 MEDICAID LONG TERM CARE SERVICES AND SUPPORTS (LTSS) TREATMENT OF LIENS, ADJUSTMENTS AND RECOVERIES, AND TRANSFER OF ASSETS 4 TOPIC MEDICAID LTSS TREATMENT OF MAGI 5 INDIVIDUALS Medicaid Liens Requires states to: impose liens on real property during the lifetime of a Medicaid enrollee who is permanently institutionalized, except when one of the following individuals resides in the home: the spouse, child under age 21, blind or disabled child of any age, or sibling who has an equity interest in the home and who has resided in the home for at least one year immediately before the date the individual become institutionalized; impose liens for Medicaid benefits incorrectly paid; and remove the lien when the Medicaid enrollee is discharged from the facility and returns home. A state can have a policy or rule not to pursue liens when a same-sex spouse or domestic partner of the Medicaid beneficiary continue to lawfully reside in the home 6. Prohibits the imposition of liens on the real property of MAGI individuals because current Medicaid rules which identify the categories of individuals who are subject to post-eligibility treatment of income (PETI) do not include MAGI individuals. 4 Transfers of Assets. Transferring assets for less than fair market value (FMV) is prohibited for purposes of establishing Medicaid eligibility. This prohibition applies when assets are transferred, sold, or gifted for less than they are worth by individuals receiving Medicaid Long Term Care Supports and Services (LTSSS) in long-term care facilities or by their spouses, or by someone else acting on their behalf. 5 Modified Adjusted Gross Income (MAGI) Modified adjusted gross income is the adjusted gross income on your federal income tax return plus any excluded foreign income, nontaxable Social Security benefits (including tier 1 railroad retirement benefits), and tax-exempt interest received or accrued during the taxable year. It does not include Supplemental Security Income (SSI). 45 CFR (c) specifies the requirements for verification of household income and family/household size as related to eligibility for insurance affordability programs. Section (c)(1) requires tax return data regarding MAGI and family size to be requested for all individuals whose income is counted in calculating a tax filer s household income and for whom the Exchange has an SSN. 6 Centers for Medicare and Medicaid Services (CMS) State Medicaid Director Letter, SMDL #11-006, June 10,
8 Estate Recovery Transfer of Assets Other Provisions Annuities Requires states to seek recovery of payments from an individual s estate, for individuals age 55 or older, for Medicaid long term care services and supports (LTSS). Prohibits states from recovery from the estate of a deceased Medicaid enrollee who is: (1) survived by a spouse; or (2) survived by a child under age 21 or a child of any age who is blind or disabled. Exemptions Allows states to exempt the following Medicaid long-term care beneficiaries from estate recovery, including individuals who the state has determined that recovery would: (1) impose an undue hardship 7 ; or (2) not be cost effective. Allows states to exempt individuals who have received benefits under a state-approved Long Term Care Insurance Partnership policy. Requires states to apply the transfer of asset provisions to institutionalized individuals, who are inpatients in a nursing facility or in a medical institution that is being paid based on a level of care received in a nursing home, or certain recipients of home and community-based services. Permits states to apply the provisions to non-institutionalized individuals. Applications for Medicaid coverage for LTSS must: (1) describe any interest an applicant or community spouse may have in an annuity, regardless of whether the annuity is irrevocable or treated as an asset; and (2) include a statement MAGI individuals who are 55 years old or older when they receive Medicaid LTSS are therefore not exempt from estate recovery provisions, unless they qualify for one of the existing exemptions. Asset and resource tests may not be applied when determining Medicaid eligibility under MAGI. Transfer of asset limitations do apply to coverage for certain services including Nursing facility services and other LTSS in circumstances where Medicaid applicants have transferred assets for less than fair market value. In addition, CMS has concluded that the transfer rules should apply to MAGI individuals who meet the definition of institutionalized individuals, and to non-institutionalized individuals, in states that have opted to apply the transfer rules to noninstitutionalized individuals. The rules imposed to these transactions are generally not limited to individuals in particular eligibility categories, and therefore states should apply the rules relating annuities to MAGI individuals in the same way as they 7 States are required to establish procedures for waiving estate recovery when recovery would cause an undue hardship. 8
9 that the state becomes a remainder beneficiary of an annuity purchased on or after enactment by virtue of the applicant s receipt of Medicaid assistance for LTSS. Requires states to treat the purchase of an annuity as a transfer for less than fair market value (FMV) unless the annuity names the state as either: (1) the remainder beneficiary in the first position for at least the total amount of Medicaid expenditures paid on behalf of the annuitant; or (2) a remainder beneficiary in the second position after the community spouse, or minor or disabled child (or in the first position if any of those individuals transfer the remainder of the annuity for less than FMV). Treats annuities purchased by or on the behalf of an individual who applied for Medicaid coverage for long-term care (LTC) as a transfer of assets for less than FMV unless the annuity is irrevocable, non-assignable, actuarially sound, and provides for payments in equal amounts during the term of the annuity, with no deferral and no balloon payments. Exceptions are applied to other individuals. Promissory Notes Life Estate Interests Annuities purchased by or on the behalf of an individual who applied for Medicaid coverage for LTSS services are not considered transfers for less than FMV if they are: (1) defined as individual retirement accounts under federal tax code; or (2) purchased with the proceeds of certain retirement accounts and meet certain federal tax code requirements. Requires states to consider funds used to purchase a promissory note, loan, or mortgage as a transfer of assets for less than FMV unless the repayment terms are: (1) actuarially sound; (2) provide for payments to be made in equal amounts during the term of the loan with no deferral or balloon payments; and (3) prohibit the cancellation of the balance upon the death of the lender. Requires states to consider a purchase of a life estate interest in another person s home as a transfer of assets for less than FMV unless the purchaser lived in the home for at least one year after the date of purchase. The rules imposed to these transactions are generally not limited to individuals in particular eligibility categories, and therefore states should apply the rules relating to promissory notes to MAGI individuals in the same way as they are applied to other individuals. The rules imposed to these transactions are generally not limited to individuals in particular eligibility categories, and therefore states should apply the rules relating to life estate interests to MAGI individuals in the same way as they are applied to other individuals. 9
10 Trusts Home Equity Rule Considers a trust an improper transfer of assets if it is established within the five-year look-back period. Trusts established prior to the five-year look-back period may be treated as improper transfers when the trust s payments to the individual are foreclosed during this time. Revocable Trusts Provides that any payments from the trust will be considered assets disposed of by the individual. Irrevocable Trusts Provides that payments that could be made, under any circumstances, to or for the benefit of the individual and any portion of the trust or income from which no payment under any circumstances could be made to the individual will be considered to be assets improperly disposed of by the individual. Provides that payments that could be made, under any circumstances, to or for the benefit of the individual and any portion of the trust or income from which no payment under any circumstances could be made to the individual will be considered to be assets improperly disposed of by the individual. Provides that an individual with an equity interest in his or her home of more than $543,000 in 2014 is excluded from eligibility for Medicaid LTSS unless his/her spouse, child under age 21, or child who is considered blind or disabled lives in the home. Permits states to elect to increase equity interest limit up to $814,000 in Requires the equity interest limit to be increased by the consumer price index (CPI) annually. Because the trust rules are not limited in their application to specific eligibility categories, states will have to confirm whether a MAGI individual requesting LTSS established a trust using his or her assets on or after the individual s look-back date, and evaluate the trust under existing rules. The rule related to the home equity are not limited in their application to specific eligibility categories, so therefore states must deny LTSS coverage to MAGI individuals whose home equity exceeds the limits for 2014, and thereafter. Continuing Care Retirement Communities (CCRC) CCRCs, typically provide a continuum of care ranging from independent residential living to nursing home care. Often CCRCs require an entrance deposit, which can be substantial. These entrance deposits typically are placed in an escrow account. Previously, these funds or deposits were excluded MAGI is not addressed. 10
11 Post-Eligibility Treatment of Income (PETI) 8 Spousal Impoverishment from a person s countable resources when determining Medicaid eligibility because they could not be accessed by the applicant. The DRA requires States to consider these funds as countable resources when determining eligibility for Medicaid, provided (1) the funds can be used to pay for care under the terms of the individual s contract with the facility should other resources of the individual be insufficient; (2) the entrance fee (or remaining portion) is refundable when the individual dies or elects to leave the CCRC; and (3) the entrance fee confers no ownership interest in the community. Requires state Medicaid agencies to reduce its cost using available beneficiary income for coverage LTSS provided to most Medicaid beneficiaries. State s costs are reduced generally by the amount of available income the Medicaid beneficiary has after deductions are made for their personal needs, the maintenance of the individual s spouse or family, and certain other expenses. Under the Medicaid spousal impoverishment provisions, a certain amount of the couple's combined resources is protected for the spouse living in the community. Depending on how much of his or her own income the community spouse actually has, a certain amount of income belonging to the spouse in the institution can also be set aside for the community spouse's use SSI and Spousal Impoverishment Standards ( Information/By-Topics/Eligibility/Downloads/Spousal- Impoverishment-2014.pdf ) CMS believes that the Medicaid statute provides them with the authority to expand the reach of the PETI rules to include MAGI individuals who receive coverage for LTSS. CMS is considering rulemaking on this issue. The Affordable Care Act (P.L , Sec. 2104) extends existing spousal impoverishment protections to spouses of Medicaid beneficiaries who receive home and community-based services as well as institutional care. Effective Jan. 1, 2014 through Dec. 31, The Post Eligibility Calculation is made to determine how much an individual in an institution (usually a nursing home) is able to contribute to cost of his/her own care. It applies only to individuals who are institutionalized (most commonly to those in nursing facilities) and to certain individuals receiving home and community based waiver services. The process only applies to those with income and only after their Medicaid eligibility has been established. The contribution is determined by first calculating the individual s total income and then deducting certain amounts from that income. Specifically, the individual s contribution is his or her total income less the following deductions (often referred to as protected amounts ): (1) personal needs allowance of at least $30; (2) A If there is a community spouse and the spousal impoverishment rules discussed above apply, a community spouse s monthly income allowance (at least $1,939 but not exceeding $2,931 for 2014), as long as the income is actually made available to the community spouse; (3) A family monthly income allowance, if there are other family members living in the household; and, (4) An amount for medical expenses incurred by the spouse who is in the medical facility. Once the above items are deducted from the institutionalized individual s income, any remaining income is contributed toward the cost of his or her care in the institution. 11
12 Mandatory Income First Rule The income first rule applies when determining whether to allocate additional resources to the community spouse to bring that spouse s income up to the minimum monthly maintenance needs allowance under the Medicaid spousal impoverishment provisions. The DRA requires States to first assume that all income that could be allocated from the institutionalized spouse to the community spouse has been allocated to that spouse before allocating any additional resources. More than half of the States already applied this rule before enactment of the DRA. MAGI is not addressed. 12
13 Glossary of Terms Annuity A contract in which an individual gives an insurance company money that is later distributed back to the person over time. Annuity contracts traditionally provide a guaranteed distribution of income over time, until the death of the person or persons named in the contract or until a final date, whichever comes first. Community-Based Services Services and service settings in the community, such as adult day services, home delivered meals, or transportation services. Often referred to as home- and community-based services, they are designed to help older people and people with disabilities stay in their homes as independently as possible. Countable Assets Assets whose value is counted in determining financial eligibility for Medicaid. They include: (1) Vehicles other than the one used primarily for transportation; (2) Life insurance with a face value over $1,500; and, (3) Bank accounts and trusts. Your home provided that your spouse or child does not live there and its equity value is greater than $500,000 ($750,000 in some states). Estate Recovery Process by which Medicaid recovers an amount of money from the estate of a person who received Medicaid. The amount Medicaid recovers cannot be greater than the amount it contributed to the person's medical care. Long-Term Care Facility (also called Long Nursing Home or Convalescent Care Facility) Licensed facility that provides general nursing care to those who are chronically ill or unable to take care of daily living needs. Long-Term Care Services Services that include medical and non-medical care for people with a chronic illness or disability. Long-term care helps meet health or personal needs. Most long-term care services assists people with Activities of Daily Living, such as dressing, bathing, and using the bathroom. Long-term care can be provided at home, in the community, or in a facility. For purposes of Medicaid eligibility and payment, long-term care services are those provided to an individual who requires a level of care equivalent to that received in a nursing facility. Look-Back Period Five-year period prior to a person's application for Medicaid payment of long-term care services. The Medicaid agency determines if any transfers of assets have taken place during that period that would disqualify the applicant from receiving Medicaid benefits for a period of time called the penalty period. Medicaid liens are based on the presumption that equity in certain property belonging to Medicaid recipients should be used to defray the owner s health care costs before the property can be transferred. 7 A lien, defined in the most general sense, establishes the State s right to make a claim against all real and personal property and other assets within the estate of Medicaid recipients after their death or the death of their spouse. Estate recovery law in some states (e.g., Rhode Island) says specifically that an individual applying for Medicaid who is 55 or older must be advised that: receipt of Medical Assistance may constitute a lien upon his or her estate. In its narrower definition, a lien is an encumbrance filed by the state Medicaid agency in land evidence records specifically against real estate property of living Medicaid recipients. Medically Frail An individual who has special medical needs and must at least include those individuals described in 42 CFR (d)(3) ii, children with serious emotional disturbances, individuals with disabling mental disorders, individuals with serious and complex medical conditions, and individuals with physical and or mental disabilities that significantly impair their ability to perform one or more activities of daily living. 13
14 Non-countable Assets (also called exempt assets) Assets whose value is not counted in determining financial eligibility for Medicaid. They include: (1) Personal belongings; (2) One vehicle; (3) Life insurance with a face value under $1,500; and, (4) Your home provided that your spouse or child lives there and its equity value is less than $500,000 ($750,000 in some states). Nursing Home (also called Long-Term Care Facility or Convalescent Care Facility) Licensed facility that provides general nursing care to those who are chronically ill or unable to take care of daily living needs. Supplemental Security Income (SSI) Program administered by the Social Security Administration that provides financial assistance to needy persons who are disabled or aged 65 or older. Many states provide Medicaid without further application to persons who are eligible for SSI. Transfer of Assets Giving away property for less than it is worth or for the sole purpose of becoming eligible for Medicaid. Transferring assets during the look back period results in disqualification for Medicaid payment of long-term care services for a penalty period. Resources Centers for Medicare and Medicaid Services (CMS), Application of Liens, Adjustments and Recoveries, Transfer-of-Asset Rules and Post- Eligibility Income Rules to MAGI Individuals, (SMDL #14-001; ACA #29; Guidance/Downloads/SMD pdf ), Washington, D.C., Cindy Mann, Feb. 21, CMS, Same Sex Partners and Medicaid Liens, Transfers of Assets, and Estate Recovery, (SMDL# ; ), Washington, D.C. Cindy Mann, June 10, CMS, IMPORTANT FACTS FOR STATE POLICYMAKERS: Deficit Reduction Act, ( Guidance/Legislation/DeficitReductionAct/downloads/TOAbackgrounder.pdf ), Washington, D.C., Jan. 8, U.S. Government Accountability Office (GAO). MEDICAID LONG-TERM CARE: Few Transferred Assets before Applying for Nursing Home Coverage; Impact of Deficit Reduction Act on Eligibility Is Uncertain, (Publication #GAO ; Washington, D.C., March GAO.MEDICAID LONG-TERM CARE: Information Obtained by States about Applicants Assets Varies and May Be Insufficient, (Publication #GAO ; ), Washington, D.C., July Congressional Research Service (CRS). MEDICAID COVERAGE FOR LONG-TERM CARE: Eligibility, Asset Transfers, and Estate Recovery, (Publication #RL33593; Washington, D.C., Jan. 31, Julie Stone. Congressional Research Service (CRS). Long-Term Services and Supports: Overview and Financing, (Publication #R42345), Washington, D.C., Jan. 15, Kirsten J. Colello, and Scott R. Taglia. Prepared by: Joy Johnson Wilson, Health & Human Services Policy Director, and Rachel B. Morgan, RN, BSN, Health and Human Services Committee Director 14
Department of Health and Human Services Office of Inspector General, Office of Audit Services 233 North Michigan Ave, Suite 1360, Chicago, IL 60601
ELIGIBILITY Look-back and Penalty Periods QUESTIONNAIRE AND INFORMATION REQUEST 1. Section 6011(a) of the Deficit Reduction Act of 2005 (DRA 05) amended section 1917(c)(1)(B)(i) of the Social Security
More informationWikiLeaks Document Release
WikiLeaks Document Release February 2, 2009 Congressional Research Service Report RL33593 Medicaid Coverage for Long-Term Care: Eligibility, Asset Transfers, and Estate Recovery Julie Stone, Domestic Social
More informationNURSING FACILITY SERVICES
ASSETS A nursing care client must meet the asset test for his eligibility coverage group. The asset level for those eligible by having income equal to or less than 300% of the monthly SSI payment for an
More informationChanges to 42 USC 1396p and 1396r-5 Made by the Deficit Reduction Act of 2005, S. 1932, Pub. L. No
Changes to 42 USC 1396p and 1396r-5 Made by the Deficit Reduction Act of 2005, S. 1932, Pub. L. No. 109-171 Prepared by the Elder Law Practice of Timothy L. Takacs Signed by President Bush on February
More informationMA will pay for other MA-covered services.
BEM 405 1 of 21 MA DIVESTMENT DEPARTMENT POLICY Medicaid (MA) ONLY Divestment results in a penalty period in MA, not ineligibility. Divestment policy does not apply to Qualified Disabled Working Individuals
More informationFINANCING OF LONG TERM CARE: The MassHealth Program
FINANCING OF LONG TERM CARE: The MassHealth Program Emily S. Starr The Law Office of Ciota, Starr & Vander Linden LLP 625 Main Street 7 State Street Fitchburg, MA 01420 Worcester, MA 01609 (978) 345-6791
More informationSTATE MEDICAID MANUAL "Transmittal 64" GENERAL AND CATEGORICAL ELIGIBILITY REQUIREMENTS TRANSFERS OF ASSETS AND TREATMENT
STATE MEDICAID MANUAL 3257-3259 "Transmittal 64" GENERAL AND CATEGORICAL 11-94 ELIGIBILITY REQUIREMENTS 3257 3257. TRANSFERS OF ASSETS AND TREATMENT OF TRUSTS A. General.--Section 13611 of the Omnibus
More informationMedicaid Basics. Eligibility for Medicaid 10/27/2014. Categories of Medicaid Coverage. Patricia J. Shevy
Medicaid Basics Patricia J. Shevy www.shevylaw.com 518-456-6705 Categories of Medicaid Coverage Community Medicaid Doctors, dentists, prescriptions Clinical or outpatient basis Home Care Services Personal
More informationTransmittal 75 Date: JANUARY 11, 2001 HEADER SECTION NUMBERS REVISED PAGES REPLACED PAGES (Cont.) (7 pp.) (5 pp.
Department of Health and State Medicaid Manual Human Services (DHHS) HEALTH CARE FINANCING Part 3 - Eligibility ADMINISTRATION (HCFA) Transmittal 75 Date: JANUARY 11, 2001 HEADER SECTION NUMBERS REVISED
More informationMemorandum Explaining the Deficit Reduction Act of 2005 (Medicaid Provisions)
NATIONAL ACADEMY OF ELDER LAW ATTORNEYS 1604 North Country Club Road Tucson, AZ 85716-3102 (520) 881-4005 (520) 325-7925 Fax www.naela.org Memorandum Explaining the Deficit Reduction Act of 2005 (Medicaid
More informationQUESTIONS AND ANSWERS ON THE COPES PROGRAM
QUESTIONS AND ANSWERS ON THE COPES PROGRAM COLUMBIA LEGAL SERVICES OCTOBER 2017 THIS PAMPHLET IS ACCURATE AS OF ITS DATE OF REVISION. THE RULES CHANGE FREQUENTLY. 1. What is COPES? COPES is a Home and
More informationChanges Made to 42 U. S. C. 1396p, 1396r-5, and 1396r by the Deficit Reduction Act of 2005, Pub. L. No
Changes Made to 42 U. S. C. 1396p, 1396r-5, and 1396r by the Deficit Reduction Act of 2005, Pub. L. No. 109-171 Prepared by the Elder Law Practice of Timothy L. Takacs Signed by President George Bush on
More informationQUESTIONS AND ANSWERS ON THE COPES PROGRAM
QUESTIONS AND ANSWERS ON THE COPES PROGRAM COLUMBIA LEGAL SERVICES JANUARY 2008 THIS PAMPHLET IS ACCURATE AS OF ITS DATE OF REVISION. THE RULES CHANGE FREQUENTLY. 1. What is COPES? COPES is a program that
More informationRULES OF TENNESSEE DEPARTMENT OF HUMAN SERVICES DIVISION OF MEDICAL SERVICES
RULES OF TENNESSEE DEPARTMENT OF HUMAN SERVICES DIVISION OF MEDICAL SERVICES CHAPTER 1240-03-03 TECHNICAL AND FINANCIAL ELIGIBILITY REQUIREMENTS FOR MEDICAID TABLE OF CONTENTS 1240-03-03-.01 Necessity
More informationMedicaid Reform: The Deficit Reduction Act of 2005
National Academy of Elder Law Attorneys Medicaid Reform: The Deficit Reduction Act of 2005 and how to help your clients through an unnatural disaster Panel Members h Michael Gilfix h Susan H. Levin h Bernard
More informationAn investment contract or agreement, which gives the right to receive fixed, periodic payments, either for life or a term of years.
DEFINITIONS AMORTIZATION SCHEDULE ASSETS The schedule of payments for paying off a loan. Total real and personal property the client has available to meet financial needs, including the value of assets
More informationFINANCING LONG TERM CARE: PROTECTING THE HOME
FINANCING LONG TERM CARE: PROTECTING THE HOME Prepared by Emily S. Starr The Law Office of Ciota, Starr & Vander Linden LLP 625 Main Street Seven State Street Fitchburg, MA 01420 Worcester, MA 01609 (978)
More informationTransfer of Property KEESM 5720 & Summary of Changes 5/07
Transfer of Property KEESM 5720 & Summary of Changes 5/07 What is Transfer of Property? It is an act which partially or totally passes the use, control or ownership of property, either resources or income,
More informationMedicaid 2014:States Rules and Planning Strategies
1 Medicaid 2014:States Rules and Planning Strategies Michael H. Erde Michael H. Erde & Associates, P.C. erde@elderlawchicago.net www.erdelaw.com 773/286-3800 (phone) 2 Agenda Who Contacts us and Why? SMART
More informationMedicaid and the State Children s Health Insurance Program (CHIP) Provisions in ACA: Summary and Timeline
Medicaid and the State Children s Health Insurance Program (CHIP) Provisions in ACA: Summary and Timeline Evelyne P. Baumrucker Analyst in Health Care Financing Cliff Binder Analyst in Health Care Financing
More informationQUESTIONS AND ANSWERS ON MEDICAID FOR NURSING HOME RESIDENTS. 1. What is Medicaid? COLUMBIA LEGAL SERVICES OCTOBER 2017
QUESTIONS AND ANSWERS ON MEDICAID FOR NURSING HOME RESIDENTS COLUMBIA LEGAL SERVICES OCTOBER 2017 THIS PAMPHLET IS ACCURATE AS OF ITS DATE OF REVISION. THE RULES CHANGE FREQUENTLY. 1. What is Medicaid?
More informationCHAPTER 3 MEDICAID (MASSHEALTH)
Return to: MassHealthHELP.com Medicaid page CHAPTER 3 MEDICAID (MASSHEALTH) What You Need to Know About Medicaid Eligibility and Transfer Rules for Long-Term Care in a Nursing Home INTRODUCTION For most
More informationSupplement A (Supplement to Access NY Health Care Application DOH-4220)
Supplement A (Supplement to Access NY Health Care Application DOH-4220) This Supplement must be completed if anyone who is applying is: Age 65 or older Certified blind or certified disabled (of any age)
More informationSummary Generally, the goal of disability insurance is to replace a portion of a worker s income should illness or disability prevent him or her from
: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) Scott Szymendera Analyst in Disability Policy May 21, 2009 Congressional Research Service CRS Report for Congress Prepared
More informationMedicaid Eligibility For Nursing Home and Other Long-Term Care
Medicaid Eligibility For Nursing Home and Other Long-Term Care Scott Hartsook Iowa Legal Aid 1111 Ninth Street, Ste. 230 Des Moines, IA 50314 515-243-2980 ext. 1660 shartsook@iowalaw.org March 1, 2018
More informationFor purposes of this article only, annuity is defined as a policy or. contract that is a private agreement or an investment contract or an insurance
(1) Repeal Section 50960. 50960. Definitions. (a) For purposes of this article only, annuity is defined as a policy or contract that is a private agreement or an investment contract or an insurance policy
More informationfor Medicaid trusts. Medicaid qualifying trusts (MQTs). Other trusts.
BEM 401 1 of 18 TRUSTS - MA DEPARTMENT POLICY MA Only This item contains Medicaid policy for trusts. The item is divided into three parts: Medicaid trusts. Medicaid qualifying trusts (MQTs). Other trusts.
More informationAccess NY Supplement A
Access NY Supplement A This Supplement must be completed if anyone who is applying is: Age 65 or older Certified blind or certified disabled (of any age) t certified disabled but chronically ill Institutionalized
More informationMinnesota Health Care Programs
Minnesota Health Care Programs Eligibility Policy Manual This document provides information about additions and revisions to the Minnesota Department of Human Service s Minnesota Health Care Programs Eligibility
More informationPlanning for Medicaid Qualification
College of William & Mary Law School William & Mary Law School Scholarship Repository William & Mary Annual Tax Conference Conferences, Events, and Lectures 1991 Planning for Medicaid Qualification Louis
More informationNURSING FACILITY SERVICES
ASSETS NURSING FACILITY SERVICES A nursing care client must meet the asset test for his eligibilit coverage group. The asset level for those eligible by having income equal to or less than 300% SSI payment
More informationDefinition of Income in PPACA for Certain Medicaid Provisions and Premium Credits
Definition of Income in PPACA for Certain Medicaid Provisions and Premium Credits Janemarie Mulvey, Coordinator Specialist in Health Care Financing Evelyne P. Baumrucker Analyst in Health Care Financing
More informationSSI-Related Medicaid, State Funded Programs... 1
Chapter: 1600 Assets Program: MFAM 1640.0000 SSI-Related Medicaid, State Funded Programs... 1 1640.0100 ASSET DEFINITION (MSSI, SFP)... 1 1640.0200 ASSET LIMITS (MSSI, SFP)... 1 1640.0204 Asset Limits
More informationI. REQUIREMENTS FOR ANNUITIES
MEDICAID CHANGES AND CHALLENGES AFTER THE DEFICIT REDUCTION ACT OF 2005 Oregon State Bar CLE Seminar: The Elder Law Experience October 6, 2006 Penny L. Davis, The Elder Law Firm Portland, Oregon Note:
More informationCertified Medicaid Planner Course - Strategic Marketing Partners, LLC SESSION 17 ESTATE RECOVERY
Certified Medicaid Planner Course - Strategic Marketing Partners, LLC SESSION 17 ESTATE RECOVERY 1 History of Estate Recovery PRE-1993 ESTATE RECOVERY: Law was simple and not mandatory. States were given
More informationSB 833 Implementation in California effective January 1, 2017
SB 833 Implementation in California effective January 1, 2017 Federal Law Current California Law SB 833 Provisions Beneficiaries subject to recovery: Beneficiaries subject to recovery: Beneficiaries subject
More informationTHE MEDICAID PROGRAM S EFFECT ON ESTATE PLANNING FOR THE ELDERLY. Michael A. Fuerst BUCKLEY & ZOPF
THE MEDICAID PROGRAM S EFFECT ON ESTATE PLANNING FOR THE ELDERLY Michael A. Fuerst BUCKLEY & ZOPF OBJECTIVES OF MEDICAID ESTATE PLANNING Protection of community spouse 1. adequate income, resources 2.
More informationTITLE 42 THE PUBLIC HEALTH AND WELFARE
1396p Page 2590 such date, except as otherwise specifically provided in section 1396r of this title, with transitional rule, see section 4214(a), (b)(2) of Pub. L. 100 203, as amended, set out as an Effective
More informationCash Assistance Program for Immigrants page 7-1 Resources
Cash Assistance Program for Immigrants page 7-1 7. Resource determinations are made as of the FIRST MOMENT OF THE MONTH. Any applicant/recipient whose countable resources are below the limits as of the
More informationMEDICAID ELIGIBILITY AND PATIENT LIABILITY DETERMINATIONS
MEDICAID ELIGIBILITY AND PATIENT LIABILITY DETERMINATIONS MEDICAID ELIGIBILITY The Department for Medicaid Services (DMS) contracts with the Department for Community Based Services (DCBS) to determine
More informationLONG-TERM CARE PLANNING
LONG-TERM CARE PLANNING Including changes made under the Deficit Reduction Act of 2005, effective in New Hampshire as of February 8, 2006 and in Vermont as of January 1, 2007 Caldwell Law Hanover Road
More informationHere are some highlights of the revised Senate language released July 13:
The Better Care Reconciliation Act of 2017, Version 2.0 July 17, 2017 On July 13, Senate Republican leaders released a second working draft of the Senate version of H.R. 1628, the American Health Care
More informationOperations Memorandum - Medicaid OPS070206
Operations Memorandum - Medicaid OPS070206 SUBJECT: TO: FROM: 2/26/07 Changes to Policy Regarding Promissory Notes, Loans and Mortgages Executive Directors Joanne Glover, Director, Bureau of Operations
More informationMedicaid Eligibility for the Elderly
May 1999 Medicaid Eligibility for the Elderly by Andy Schneider, Kristen Fennel, and Patricia Keenan Almost all of the nation s elderly -- over 34 million -- have health insurance coverage through Medicare.
More informationNEWSLETTER NOVEMBER 2008 EARNED CREDIT FOR PROPERTY TAXES AGE 65 OR OLDER & TAX EXEMPTIONS FOR WIDOWS, WIDOWERS, AND THE DISABLED
NEWSLETTER V O L U M E 1, I S S U E 1 NOVEMBER 2008 INSIDE THIS ISSUE: Earned credit for 1 property taxes for age Tax exemptions for 2 widow(er)s, & disabled Community Spouse 3 Resource Assessment Updated
More informationCHANGES IN THE MEDICAID LAW
CHANGES IN THE MEDICAID LAW Resource Eligibility Prior to the DRA 11-5.2.1.2 Available Resources Resources that are not otherwise exempt or unavailable considered available for the purposes of the MA eligibility
More informationSpecial Report May 2011 A Primer on Medicaid
Special Report May 2011 A Primer on Medicaid Prepared by Stephen Geist Host of the radio show The Retirement Guy every Saturday at 7:30 AM on KNUS 710 on your AM dial AND Visit Steve s website at: www.retirementwize.com
More informationProvided by Beck Estate Planning & Elder Law, LLC. Medicaid Benefits
Provided by Beck Estate Planning & Elder Law, LLC Medicaid Benefits Both the federal and state governments fund Medicaid the medical services assistance program for low-income individuals. In Missouri,
More informationkaiser medicaid and the uninsured commission on December 2012
I S S U E kaiser commission on medicaid and the uninsured December 2012 P A P E R Medicaid Eligibility and Enrollment for People with Disabilities Under the Affordable Care Act: The Impact of CMS s March
More informationSPECIAL NEEDS TRUSTS IN OREGON West Coast Trust Meeting June 9, 2006 Penny L. Davis, The Elder Law Firm Portland, Oregon
SPECIAL NEEDS TRUSTS IN OREGON West Coast Trust Meeting June 9, 2006 Penny L. Davis, The Elder Law Firm Portland, Oregon I INTRODUCTION A. Government Benefits. Many people with disabilities rely upon government
More informationIf you have any questions, please contact Cheryl Young at or via at Sincerely,
DEPARTMENT OF HEALTH & HUMAN SERVICES Centers for Medicare & Medicaid Services San Francisco Regional Office 90 Seventh Street, Suite 5-300 (5W) San Francisco, CA 94103-6706 DIVISION OF MEDICAID & CHILDREN
More informationMEDICAID BASICS January
Medicaid Institutional Care Placement Eligibility (Skilled Nursing Facility) Must meet all of: 1. US citizenship- there are certain alien eligibility issues. 2. Fla. Residency. 3. 65 years or older, blind
More informationDEFICIT REDUCTION ACT OF 2005: IMPLICATIONS FOR MEDICAID PREMIUMS AND COST SHARING CHANGES
February 2006 DEFICIT REDUCTION ACT OF 2005: IMPLICATIONS FOR MEDICAID On February 8, 2006 the President signed the Deficit Reduction Act of 2005 (DRA). The Act is expected to generate $39 billion in federal
More informationSUMMARY OF CONTENTS CERTIFIED MEDICAID PLANNING (CMP ) COURSE OFFERED EXCLUSVILY THROUGH THE WEALTH PRESERVATION INSTITUTE
SUMMARY OF CONTENTS CERTIFIED MEDICAID PLANNING (CMP ) COURSE OFFERED EXCLUSVILY THROUGH THE WEALTH PRESERVATION INSTITUTE SECTION 1: INTRODUCTION... 1 SECTION 2: WHAT IS MEDICAID... 7 SECTION 3: WHAT
More informationA BRIEF SUMMARY OF WHAT YOU NEED TO KNOW ABOUT THE ARIZONA LONG TERM CARE SYSTEM (ALTCS)
127 N. MARINA STREET PRESCOTT, ARIZONA 86301 PHONE 928-443-9934 FAX 928-443-9938 www.azelderlaw.com A BRIEF SUMMARY OF WHAT YOU NEED TO KNOW ABOUT THE ARIZONA LONG TERM CARE SYSTEM (ALTCS) This is a basic
More informationHealthcare in Retirement
MICHELE SCHNEIDER, CFP Registered Representative 1170 HWY A1A SATELLITE BEACH, FL 32937 321-777-7044 Fax 321-777-7037 Healthcare in Retirement Page 1 of 6, see disclaimer on final page Healthcare in Retirement
More informationRULES OF TENNESSEE DEPARTMENT OF HUMAN SERVICES DIVISION OF MEDICAL SERVICES CHAPTER COVERAGE GROUPS UNDER MEDICAID TABLE OF CONTENTS
RULES OF TENNESSEE DEPARTMENT OF HUMAN SERVICES DIVISION OF MEDICAL SERVICES CHAPTER 1240-03-02 COVERAGE GROUPS UNDER MEDICAID TABLE OF CONTENTS 1240-03-02-.01 Necessity and Function 1240-03-02-.04 Enrollment
More informationMedicare Long-Term Care Services and Supports Act of 2018 Section-by-Section May 2018
Medicare Long-Term Care Services and Supports Act of 2018 Section-by-Section May 2018 Section 1. Short Title; Purpose; Table of Contents The stated purpose of the "Medicare Long-Term Care Services and
More informationLegal Planning for the Expected and Unexpected Events in Life
Legal Planning for the Expected and Unexpected Events in Life Patricia J. Schraff John P. Thomas Schraff & King Co., LPA 2802 SOM Center Rd., Suite 200 Willoughby Hills, Ohio 44094 440-585-1600 Tools in
More informationWHEN DOES MEDICAID PAY FOR LONG-TERM CARE?
WHEN DOES MEDICAID PAY FOR LONG-TERM CARE? Revised July 2016 Authored 2/04 by James W. (Jay) Speer, Attorney at Law Revised 7/16 by Kathy Pryor, Attorney at Law Virginia Poverty Law Center 919 E. Main
More informationTable of Contents. Legend. Coverage Option Overview 6
Modified Adjusted Gross Income (MAGI): Exchange and Medicaid Eligibility Flow Charts Updated per March 2012 Final Rules and June 2012 Supreme Court Decision October 3, 2012 These charts illustrate MAGI
More informationPROTECTING the Homefront PROTECTING. the Homefront
PROTECTING Many older individuals worry that their homes may be at risk if they need nursing home care. For many families the home is the largest and most valuable asset that they own. In addition, there
More informationSupplemental Security Income (SSI): Income/Resource Limits and Accounts Exempt from Benefit Determinations
Supplemental Security Income (SSI): Income/Resource Limits and Accounts Exempt from Benefit Determinations Umar Moulta-Ali Analyst in Disability Policy January 25, 2013 CRS Report for Congress Prepared
More informationTransfer of Resources
Transfer of Resources How Transferring Resources Affects Long-Term Care Medicaid Benefits ohio medicaid Table of Contents Transfer of Resources 2 Transfers 3 Proper Transfers 3 Improper Transfers 6 Examples
More informationCh. 258 MEDICAL ASSISTANCE ESTATE RECOVERY CHAPTER 258. MEDICAL ASSISTANCE ESTATE RECOVERY
Ch. 258 MEDICAL ASSISTANCE ESTATE RECOVERY 55 258.1 CHAPTER 258. MEDICAL ASSISTANCE ESTATE RECOVERY Sec. 258.1. Policy. 258.2. Definitions. 258.3. Property liable to repay the Department. 258.4. Request
More informationMEDICAID AND BUDGET RECONCILIATION: IMPLICATIONS OF THE CONFERENCE REPORT
Updated January 2006 MEDICAID AND BUDGET RECONCILIATION: IMPLICATIONS OF THE CONFERENCE REPORT In compliance with the budget resolution that passed in April 2005, the House and Senate both passed budget
More informationSSI Resource Issues: Common Problems and Solutions
SSI Resource Issues: Common Problems and Solutions Kate Lang, Senior Staff Attorney, Justice in Aging August 20, 2018 1 Justice in Aging is a national organization that uses the power of law to fight senior
More informationMEDI-CAL GENERAL PROPERTY LIMITATIONS MEDI-CAL SECTION 1931(B) PROGRAM GENERAL PROPERTY AND INCOME LIMITATIONS FOR LOW-INCOME FAMILIES
State of California Health and Human Services Agency Department of Health Care Services MEDI-CAL GENERAL PRPERTY LIMITATINS PART 1: MEDI-CAL SECTIN 1931(B) PRGRAM GENERAL PRPERTY AND INCME LIMITATINS FR
More informationEstate Administration and the Medicaid Estate Recovery Program: The Personal Representative s Duty to Notify
Estate Administration and the Medicaid Estate Recovery Program: The Personal Representative s Duty to Notify by Janet L. Lowder, Esq. and Lisa Montoni, Esq. Ohio Medicaid and the Estate Recovery Program
More informationPaying for Long-Term Care: An Overview of Medical Assistance. Prepared by the Elder Law Team at:
Paying for Long-Term Care: An Overview of Medical Assistance Prepared by the Elder Law Team at: July 2018 THE NUMBERS REFERENCED IN THIS BOOKLET CHANGE IN JANUARY AND JULY OF EACH YEAR. WE RECOMMEND YOU
More informationWisconsin Long-Term Care Insurance Partnership Program Medicaid Training PART I
Wisconsin Long-Term Care Insurance Partnership Program Medicaid Training PART I The information contained in this training material is current as of June 2, 2008. 06/02/2008 DHFS/DHCAA/BEM Training - Part
More informationSPECIAL NEEDS PLANNING FOR PERSONS WITH DISABILITIES
SPECIAL NEEDS PLANNING FOR PERSONS WITH DISABILITIES Richard A. Courtney, J.D., CELA* 4400 Old Canton Road, Suite 220 Jackson, Mississippi 39211 Tel: 601-987-3000 Fax: 601-987-3001 Email: rcourtney@frascourtlaw.com
More informationUNDERSTANDING AID AND ATTENDANCE: CONFLICTS BETWEEN PLANNING FOR VETERAN S DISABILITY PENSION AND PLANNING FOR MEDICAID
UNDERSTANDING AID AND ATTENDANCE: CONFLICTS BETWEEN PLANNING FOR VETERAN S DISABILITY PENSION AND PLANNING FOR MEDICAID Christopher M. McCarthy, CELA* White & McCarthy, LLP 15871 City View Drive, Suite
More informationMedicaid Benchmark Benefits under the Affordable Care Act: Options for New York
Medicaid Benchmark Benefits under the Affordable Care Act: Options for New York PRESENTED TO: NEW YORK STATE DEPARTMENT OF HEALTH JANUARY 2013 PREPARED BY: DENISE SOFFEL, PH.D. ROBERT BUCHANAN TOM DEHNER
More informationUSING A SPECIAL NEEDS TRUST FOR CHARITABLE GIVING
I. BACKGROUND The Special Needs Trust or Supplemental Needs Trust ( SNT ) is a form of discretionary spendthrift trust designed to protect a disabled beneficiary s government benefits while providing a
More informationWV INCOME MAINTENANCE MANUAL. Assets
DEFINITIONS ASSETS Total real and personal property the client has available to meet financial needs, including the value of assets assigned from certain individuals. may be liquid or non-liquid. LIQUID
More informationWisconsin Long-Term Care Partnership Policies Supplemental. Wisconsin Long-Term Care Insurance Partnership Program
Wisconsin Long-Term Care Partnership Policies Supplemental Wisconsin Long-Term Care Insurance Partnership Program PART I WI Medicaid Training Introduction to the WI Long-Term Care Insurance Partnership
More informationOctober 2009 Summary of Changes
October 2009 Summary of Changes Chapter Passage Summary 1400 1410.1709, 1430.1709, 1440.1709 Added language allowing DCF the ability to deny an individual for CSE non-cooperation without referral to CSE
More informationOne Step Ahead: Resource Planning for People with Disabilities who Rely on SSI and Medical Assistance (2005 Version)
One Step Ahead: Resource Planning for People with Disabilities who Rely on SSI and Medical Assistance (2005 Version) Roy Froemming, JD royfroemming@froemminglaw.com 608/663-2747 Important Update: July,
More informationHEALTH COVERAGE FOR LOW-INCOME POPULATIONS: A COMPARISON OF MEDICAID AND SCHIP
April 2006 HEALTH COVERAGE FOR LOW-INCOME POPULATIONS: A COMPARISON OF MEDICAID AND SCHIP is often compared to the State Children s Health Insurance Program (SCHIP) because both programs provide health
More informationUniversity of Hawaii Center on Aging
University of Hawaii Center on Aging. Supported in part by a cooperative agreement No. 90AL0011-01-00 from the Administration on Aging, Administration for Community Living, U.S. Department of Health and
More informationState of Rhode Island and Providence Plantations. Executive Office of Health & Human Services
State of Rhode Island and Providence Plantations Executive Office of Health & Human Services Access to Medicaid Coverage under the Affordable Care Act Section 1307: MAGI Income Eligibility Determinations
More informationVOLUME II/MA, MT 37-02/10 SECTION
2339 POLICY STATEMENT BASIC CONSIDERATIONS Annuities are considered trust property. Trust, for purposes of asset transfers and the look-back period, includes annuities purchased by or on behalf of an individual
More informationAppendices Senior Law Day Sponsors
Appendices Appendix A. Appendix B. Appendix C. Glossary Legal Resources 2017 Senior Law Day Sponsors 461 Appendix A. Glossary Advance Directives. Written instructions that state, in advance, how you want
More informationBasic Medicaid Eligibility for Aged, Blind and Disabled
Basic Medicaid Eligibility for Aged, Blind and Disabled Updated August 8, 2017 CONTENT I. INTRODUCTION.......................................................... 1 A. Caveat................................................................
More information2017 National Training Program
2017 National Training Program Module 12 Medicaid and the Children s Health Insurance Program (CHIP) Contents Lesson 1 Medicaid Overview... Lesson 2 Children s Health Insurance Program (CHIP) Overview...
More informationMedicaid 101. Medicaid 101. Medicare or Medicaid what s the difference
Medicaid 101 Medicaid 101 Medicaid is available only to certain low-income individuals and families who fit into an eligibility group that is recognized by federal and state law. Medicaid does not pay
More informationAuthorized Signature Issue Date: 12/21/2005
Seniors and People with Disabilities Policy Transmittal James Toews Number: SPD-PT-05-040 Authorized Signature Issue Date: 12/21/2005 Topic: Medical Benefits Subject: New Policy on Treatment of Annuities
More informationMedicaid Alternative Benefit Plan Coverage: Frequently Asked Questions
Medicaid Alternative Benefit Plan Coverage: Frequently Asked Questions November 26, 2018 Congressional Research Service https://crsreports.congress.gov R45412 SUMMARY Medicaid Alternative Benefit Plan
More informationAPPENDIX A TRANSFER OF RESOURCE POLICIES A. TRANSERS BY THE MEDICAID BENEFIT GROUP MADE ON OR BEFORE 6/30/88
TRANSFER OF RESOURCE POLICIES A. TRANSERS BY THE MEDICAID BENEFIT GROUP MADE ON OR BEFORE 6/30/88 NOTE: The policy discussed below in this Section applies to all applications for Medicaid including Long
More informationMedicaid Financial Criteria
Medicaid Planning After the Deficit Reduction Act Mark S. Reckman, Esq. Wood & Lamping 513-852-6054 msreckman@woodlamping.com May 18, 2007 Medicaid Financial Criteria Income Test Count only the income
More informationUNDERSTANDING MEDICAID AND LONG-TERM CARE
Chapter 5 UNDERSTANDING MEDICAID AND LONG-TERM CARE JULIE LOHUIS Law Offices of Geoff Bernhardt Portland, Oregon Table of Contents I. Introduction............................................ 5 1 A. Medicaid
More informationAdult Financial Reference Guide
Adult Financial Aging and Adult Services oversees the 64 County Departments of Human/Social Services who provide financial grants to low-income aged, blind, and disabled persons to assist in meeting basic
More informationCertified Medicaid Planner Course - Strategic Marketing Partners, LLC SESSION 10 TRUSTS
Certified Medicaid Planner Course - Strategic Marketing Partners, LLC SESSION 10 TRUSTS 1 Trust History Trusts historically for the very wealthy. Expensive to create and maintain. Personal computer age
More informationAtrium Medical Center Foundation. Medicaid Law Update
Atrium Medical Center Foundation 20 th Annual/2018 Estate & Tax Planning Professional Seminar November 2, 2018 Medicaid Law Update Ralph J. Conrad, Esq. The Conrad Law Office 33 Donald Drive, Suite 9 Fairfield
More informationALASKA ADULT PUBLIC ASSISTANCE MANUAL CHAPTER CONTENTS
CHAPTER CONTENTS Section Page 433 SPECIAL RESOURCE PROVISIONS...M-1 433-1 TRANSFER OF RESOURCES...M-1 A. DEFINITIONS...M-1 1. FAIR MARKET VALUE...M-1 2. EQUITY VALUE...M-1 3. TRANSFER...M-1 4. COMPENSATION...M-1
More information2017 WORKBOOK. Mandatory LTC Training
2017 WORKBOOK Mandatory LTC Training ABOUT THE AUTHOR EDUCATION CREDIT AND YOUR CERTIFICATE OF COMPLETION LTC Connection specializes exclusively in LTC insurance training and education and has been working
More informationThe Essentials of Special Needs Planning
The Essentials of Special Needs Planning Lesley M. Mehalick, J.D., LL.M. and Alissa B. Gorman, J.D., LL.M. McAndrews Law Office, P.C. Berwyn, PA I. Introduction a. What is Special Needs Planning? i. Estate
More informationNew York Medicaid Law
============================================== New York Medicaid Law By Ronald A. Fatoullah, Esq. and Stacey Meshnick, Esq. =============================================== Ronald Fatoullah & Associates
More informationAFFORDABLE INSURANCE EXCHANGES: HIGHLIGHTS OF THE PROPOSED RULES
45 CFR, Parts 155 and 157 Patient Protection and Affordable Care Act; Exchange Functions in the Individual Market: Eligibility Determinations; September, 2011 National Conference of State Legislatures
More information