From a recent Forbes article, a Pennsylvania state appeals court ruled that the adult son of a nursing home resident is responsible for her unpaid $93,000 bill. Pennsylvania is one of 30 states that have filial responsibility statutes—laws that impose a duty on adult children to care for their indigent parents. About two-thirds of those states, including Pennsylvania, allow long-term care providers to sue family members to recover unpaid costs. The rest, including states such as Massachusetts, have no recovery provisions. However, failing to care for a parent is a criminal offense. The rules vary widely from state to state….
The Supreme Court’s decision to uphold the Affordable Care Act (ACA) in its entirety is a huge victory for seniors. Improvements that advance the health and well‐being of older adults, like strengthening Medicare, improving community long‐term services and supports, and providing additional elder abuse and nursing home transparency protections, will continue to help the lives of seniors. Consequently, seniors health care will continue to be protected and improved under this law. Long before this Supreme Court decision, through the Affordable Care Act, seniors began to see positive changes in their prescription drug costs, access to preventive health care, and more….
A Wall Street Journal article asked some tough questions about the availability of Medicaid nationwide. We realize that many local residents are understandably concerned about the program in our state–it is an essential lifeline for many seniors. The latest WSJ article suggest that some states are making it harder for individuals to receive Medicaid help to pay for long-term care costs–however, the "crack down" on Medicaid expenditures is advancing very differently in certain states. According to the Kaiser Family Foundation, Medicaid now accounts for about 40% of long-term care spending nationwide. The program is a joint state and federal effort…
Many seniors are aware that some planning is necessary if Medicaid is to cover their skilled nursing care as they age and that making gifts of money or property to their loved ones before they need care can be part of that process. There are a few common misconceptions, however, about gifting and the Medicaid Process. Often, penalties resulting from these transfers could have been avoided if clients had been aware of the consequences of their actions. “I thought I was allowed give away $13,000.00 to each person every year.” This statement and action is a result of the misapplication…
We had a client come to our office in tears. She was the “responsible daughter” and it seemed like whenever there was a family problem, it fell to her. She got her father into the nursing home, and signed the contract for him She visited her father at the nursing home nearly every day to make sure he was getting the care he needed. She talked with the nursing home business office. When it came time to file the Medicaid application, the facility assured her that there would not be a problem and that they would handle the paperwork for…
Entering a nursing home can provide provide peace of mind for your elderly parent. But if proper asset protection planning for the monies involved in nursing home care and estate planning are not done in advance, it can put your loved one at risk financially. Especially for seniors on Medicaid, there are important considerations to take before moving into a nursing home. Many seniors own a home, and depending on what is done with a home before moving into the nursing home can greatly affect their assets. Before deciding on selling the family home or transferring it to a family…
A Wall Street Journal article this weekend asked some tough questions about the availability of Medicaid nationwide. At the Elder Law office we realize that many local residents are understandably concerned about the program in our state–it is an essential lifeline for many seniors. The latest WSJ article suggest that some states are making it harder for individuals to receive Medicaid help to pay for long-term care costs–however, the "crack down" on Medicaid expenditures is advancing very differently in certain states. According to the Kaiser Family Foundation, Medicaid now accounts for about 40% of long-term care spending nationwide. The program…
Medicare does not pay for long-term care, except for 100 days of rehabilitation in a nursing home. Nursing home care falls primarily to Medicaid, the jointly funded state and federal program. The program now is shouldering 40% of the country's long-term-care spending, according to the Kaiser Family Foundation. To be eligible for Medicaid in Maryland, can have no more than $2,500 in cash and investments. (Spouses are allowed to keep a home, a car and up to approximately $110,000.) In the past, regulators looked at any gifts you made up to three years before applying for Medicaid. However, in 2006,…
A U.S. bankruptcy court finds that a woman who was contractually bound through a nursing home admissions agreement to apply for Medicaid benefits on her husband's behalf and failed to do so cannot discharge the debt owed to the nursing home through bankruptcy. In re Plybon (U.S. Bankr. E.D. Ky., No. 11–10146, March 9, 2012). When Glenna Plybon admitted her husband to a nursing home, she signed an admissions agreement as the responsible party. The agreement stated that Mrs. Plybon was required to pay a co-insurance amount and apply for Medicaid benefits on Mr. Plybon's behalf. Mrs. Plybon applied for…
At the Elder Law Office of David Wingate, LLC we assist clients who are faced with the possible placement of a spouse or parent in a nursing home. We counsel clients in navigating the complex and confusing Medicaid rules and regulations which pertain to nursing home care. Consequently, we assist in long term care planning to best situate your loved one for possible placement in a nursing home. Furthermore, we aid and counsel them in securing maximum financial protection and in preserving assets for the spouse who will remain at home and in applying for Medicaid eligibility. We also help…
Frederick, MD 
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