Archive for the ‘Medicaid’ Category

If you are a caregiver of your spouse or aging parent you need to plan for legal, financial and health care issues. It’s important that a life care plan is put in place before the crisis occurs.

So, when is the right time to start planning? You should pick up the phone right now and call Senior Life Care Planning at 301 663 9230 or email our office.

I was told that I cannot protect any of my assets from the nusing home!

To qualify for Medicaid, if you are single you can retain $2,500 in assets. For couples, the spouse can keep the home, one car, and about $109,000 in assets. The best protection from long-term care costs is long-term care insurance. LTCI does not just pay for the nursing home, but for home-care services, and may help pay some or all of an assisted living facility. If you cannot get long-term care insurance due to a medical decision, age or finances, the next best protection is an Irrevocable Medicaid Trust. However, this trust must be funded for at least five years…

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If we put our mother in a nursing home, and her only asset is her home, how will we afford to pay for her care?

If you have assets under $2,500, and reside in a nursing home, the State of Maryland through Medical Assistance (Medicaid) will pay the nursing home. However, a house that is a person’s primary residence is exempt for purposes of Medicaid eligibility provided that the community spouse is still residing in the house, and the net value of the house does not exceed $500,000. Additionally, if you are a single, then sign the application that you have an “intent to return to the house,” even if that it’s impossible and you remain in a nursing home. The home is an exempt…

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Free Elder Law and Medicaid Planning Workshop to be held on March 15 th and 16 th

Elder Care Attorney, David Wingate, of Senior Life Care Planning, will present a free workshop on “Life Care and Medicaid Planning,” at 10.00 am on March 15 th at Senior Life Care Planning’s Frederick office, and on March 16 th at Senior Life Care Planning’s Rockville office. This workshop is designed to help seniors and their loved ones learn about protecting hard-earned assets from the staggering costs associated with long-term care, whether for assisted living, nursing home, or in-home care. The laws have changed, and attendees will discover that good planning opportunities still exist for those who plan ahead, as…

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What is the Medicaid Penalty Period?

The Deficit Reduction Act (DRA), signed by then President George Bush significantly changed the rules regarding transfers, for non-services, or gifts of assets (Gifts). Any Gifts made prior to enactment of the DRA on February 8, 2006, Maryland Medicaid officials review all documentation, bank statements, mutual funds, CD’s etc. for any Gifts made within the 36 months of the Medicaid application (or 60 months if the Gift was made to an irrevocable trust). However, for Gifts made after the enactment of the DRA the so-called "look back" period for all Gifts is 60 months. The “look back” period determines what…

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Immediate annuities is a Medicaid planning tool for spouses of nursing home residents.

A single premium immediate annuity (SPIA) is a contract with an insurance company where the non-nursing home spouse pays a sum of money to an insurance company.  Consequently, the insurance company sends a monthly check to the non-nursing home spouse for a certain time period or for the rest of their life. In Maryland, and some states, the purchase of a SPIA is not considered to be a transfer (gift) for purposes of Medicaid eligibility, because it is an income stream. Therefore, it transfers countable assets into a non-countable assets. In order for the annuity purchase not to be considered…

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Medicaid – What is Spending Down?

If you are applying for Medicaid, the institutional spouse (spouse in nursing home) and their community spouse (spouse not in nursing home) may protect their assets and lifelong savings, retirement IRA etc. by spending those assets on noncountable assets. These expenditures may include: prepaying funeral expenses, paying off a mortgage, making repairs to a home, purchasing a new automobile, updating home furnishings and equipment, purchasing insurance up to $1,500 buying a new home, if under $500,000, (in some states $750,000) puchasing an annuity In the case of married couples, it is often important that any spend-down steps be taken only…

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Protecting Your House Before or After You Move Into a Nursing Home

Generally, you do not have to sell your home for Medicaid qualification of nursing home care. However, the state can file a claim against your home after your death. If Medicaid pays for your nursing home care, the state must attempt to recoup from your estate the amount it paid for your care. This is called "estate recovery." Consequently, with the rules for Medicaid eligibility i.e. assets under $2,500 the only property of substantial value that a Medicaid recipient is likely to own at death is their home. Therefore, you should consult with an elder care attorney before or after…

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Managed care plans are becoming increasingly popular as one way to cut Medicaid costs.

It’s no secret that state (and federal) budgets are severely stressed. While lawmakers look for revenue and cost-cutting measures, Medicaid services are coming under scrutiny. Managed care plans are becoming increasingly popular as one way to cut Medicaid costs. Currently six states require the elderly and disabled who need long-term care to enroll in a managed care plan. At least 10 other states are reportedly considering the same, according to a recent article from The Kaiser Health News. Traditionally, states pay Medicaid providers directly for individual services. Under managed care, states pay health insurers a fixed monthly fee for each…

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Does a Veteran’s Aid & Attendance pension counts as income for the nursing home, when you are on Medicaid?

 The $90.00 personal allowance reduction is not countable as income towards Medicaid, M21-1MR, Part V, Subpart iii, Chapter 3 1. General Information on Pension Reductions for Medicaid-Covered Nursing Facility Care Change Date May 14, 2007 a. Provisions for Pension Reduction 38 CFR 3.551(i) limits to $90 per month the amount of Improved Pension that can be paid to a veteran (or surviving spouse) with no dependents who • is in a Medicaid-approved nursing facility, and • is covered by a Medicaid plan for services furnished by the nursing facility. No part of the $90 monthly Improved Pension may be used…

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