Medicaid eligibility rules are extremely complex and confusing, and impossible to understand without legal assistance. The United States Supreme Court has called the Medicaid laws “an aggravated assault on the English language, resistant to attempts to understand it.” Schweiker v. Gray Panthers, 453 U.S. 34, 43 (1981). Additionally, the United States Court of Appeals for our own Fourth Circuit (just below the U.S. Supreme Court), in a case arising out of Virginia, has called the Medicaid Act one of the “most completely impenetrable texts within human experience” and “dense reading of the most tortuous kind.” Rehab. Association of Virginia v. Kozlowski,…
Pursuant to the applicable provisions of the Federal Deficit Reduction Act of 2005 (DRA 2005), the look back period for Medicaid is five years (60 months). That federal statute requires that any uncompensated transfer that occurred during the relevant look back period will cause a penalty period with regard to the receipt of Medicaid benefits. The penalty period is the amount of the uncompensated transfer ( say gifts of $68,000)divided by the state's reimbursement rate (Maryland is $6,800). The result is ten (10) months that will constitute the penalty period. The penalty period begins in the month in which the…
When a loved one is diagnosed with Alzheimer’s disease and requires assistance throughout the day, the spouse and adult children are faced with two choices. First, if you wish to keep that person well cared for in the home; Join the ranks of the 65 million family caregivers in this country and become a full-time caregiver. Or else hire a home-care aide to help with the many tasks throughout the day and night, from bathing and dressing to preparing food and doing housework and laundry. Since each of these options has its own drawbacks, many concerned people, especially those who…
Providing asset protection, support and guidance to families, I realize that the cost of care is not usually understood. Our typical client is not aware that planning for care is similar to planning for a child's education; there is a need to plan ahead or you may not end up where you want to be or end up paying too much. The need for planning is becoming more important as our nation's demographics are evolving to a situation that has never been seen before. The nation's population of senior citizens is about to rise to historic levels. By year's end,…
They need to plan how to protect their savings and other assets as the cost of their care increases. They need legal strategies to make sure their estate does not get taxed more than it needs to. And they need to appoint a responsible spokesperson to act on their behalf if they become no longer able to do so themselves. While these decisions can certainly be made with the help of friends, books and Internet forms, it’s also a good idea to consider talking with an eldercare attorney. An eldercare attorney listens to you and your wishes, and helps you…
Making effective decisions about the care of a loved one often takes more time than expected and requires an understanding of the long-term-care system. But a proactive approach can yield better options when the time comes and can head off a family emergency: Talk early and often. Understand your parents’ preferences as they age. Don’t make assumptions about what type of care they may or may not accept. Instead, respect their autonomy. Rather than starting off with an admonition (for example, “You have to …”), lead with an empathic statement such as, “I am worried about you because … if…
As it turns out, Sophia, Blanche, Dorothy and Rose were ahead of their time! Yes, those Golden Girls of the 1980s were on to something that has become a growing trend of aging baby boomers. When the four savvy women decided to move in together and build a sort of ad-hoc “family,” they were simply doing (more than three decades ago) what an increasing number of seniors are doing, or considering doing, today. Sociologists and popular social critics alike have been discussing the erosion of the nuclear family for years but here is a new twist: what is to become…
No real breakthrough has been reached yet but, as The New York Times reports, science is ready to rewrite the books on Alzheimer’s disease in a way that may usher in earlier detection and with it the possibility of earlier, more effective treatment. The National Institute on Aging and the Alzheimer’s Association have come together to issue a new definition and medical guidelines for Alzheimer’s, the first serious reworking of the definition in 27 years. The full onset of dementia, what we classically define as the hallmark of the disease, is now thought of as the final of three progressive…
All Medicaid recipients are able to keep some of their assets and still qualify for benefits. The key is to understand what Medicaid considers a “countable” versus a “non-countable” asset in Maryland. For instance, a single person in Maryland can keep a few items, a specific type of pre-paid funeral plan, personal belongings, insurance up to $1,500 and up to $2,500. A married couple, one living in the community, and one residing in the nursing home can keep the same exempt assets plus an automobile, and their home, providing the home is under $500,000, and up to $109,560. However, it’s…
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