A diagnosis of Alzheimer’s disease can be devastating for everyone involved, including the patient and all of their family members. Should you be facing this diagnosis, there are probably a million thoughts racing through your mind, from keeping your loved one safe to caring for them as the disease progresses. One thing you might not think about is the need for estate planning. As a recent article by Reuter’s explains, if you or someone you love has a family history of dementia, is showing symptoms of Alzheimer’s or is concerned about later-life planning, it’s time to get to work. You’ll…
A California appeals court holds that a woman who purchased an endowment life insurance contract that repaid her premium and dividends during her lifetime and did not pay a death benefit is not entitled to Medicaid because the contract is not a life insurance policy. Lind v. Maxwell-Jolly (Cal. Ct. App., No. C061912, July 28, 2012) (unpublished). Not all life insurance is the same, and that’s not just an old sales trick to up-sell a client. In the eyes of Medicare and Medicaid, not all life insurance actually is “life insurance” – and that can be a reason to deny…
We help people navigate thru the Medicaid maze, provide legal and financial solutions, and help you alleviate your frustrations and time involvement. For the FREE GUIDE, to protect yourself, your family, and insure your Quality of Life click on “The Planning Ahead Alzheimer’s Guide” “Caring For Someone With Alzheimer’s Disease” 1. Do you reside in Maryland? Yes No 2. Do you worry about long term care or nursing home costs? Yes No 3. Are you confused about Medicaid or VA benefits? Yes No 4. Is being discharged from the hospital and returning…
Unfortunately, caregivers are financially burdened by their caregiving duties. While caregiving creates a financial burden, caregiving has a big impact on work and life. Most caregivers are working, either full or part-time, or have worked at some point while caregiving. It is estimated that more than 60 percent of working caregivers have made adjustments to their work schedule, such as leaving early, arriving late, or taking time off. With the current financial situation, can you afford to loose your job because you are worried about your loved one? Caregivers also report they have less time for family or friends, have…
Estate Recovery: Sections 1902(a)(18) and 1917(b)(1) of the Act require States to pursue estate recovery when a Medicaid beneficiary received medical assistance under the State plan: 1) in cases where a lien has been imposed under the State’s lien authority, and 2) for recipients age 55 and over, who received nursing facility services, home and community-based services, or related hospital and prescription drug services. States may optionally seek recovery to pay for costs of other approved State plan services provided to those 55 and over, except Medicare cost sharing paid on behalf of Medicare Savings Program beneficiaries on or after…
Transfers of Assets: States are required to have provisions regarding transfers of assets for less than fair market value under sections 1902(a)(18) and 1917(c) of the Act. A State Medicaid plan must provide that, if an institutionalized individual or the spouse of an individual transfers assets for less than fair market value after the “look-back” date defined in the statute, the State will calculate and impose a period of ineligibility. Medicaid payment is not available for the long-term care services the individual receives during the period of ineligibility, although the individual remains eligible for Medicaid coverage of non-long term care…
Liens Section 1917(a) of the Social Security Act (the Act) allows, but does not require, States to impose liens on the property of a Medicaid beneficiary under certain circumstances. More specifically, liens are permitted in two instances prior to a beneficiary’s death: 1) when there has been a court judgment that benefits were incorrectly paid; or 2) when the lien is imposed against the real property of an individual a. who is an inpatient in a nursing facility, intermediate care facility for the mentally retarded, or other medical institution, if the individual is required to spend for medical care all…
A national Medicaid study projects Maryland's Medicaid program underfunds the actual cost of providing skilled nursing care by $64.8 million annually. Maryland's long-term care leaders today expressed deep concern for the impact potential further cuts to Medicaid would have on the state's poor and elderly. "The gap between the actual cost of providing skilled nursing and rehabilitation care and what Medicaid pays continues to widen," warned Joseph DeMattos, president of the Health Facilities Association of Maryland (HFAM). "Our lawmakers in Annapolis must carefully consider the substantial shortfall in funding that long-term care providers are already operating in when making…
Growing numbers of families are compensating relatives who serve as caregivers. According to a report by the National Alliance for Caregiving and AARP, 43.5 million Americans looked after a friend or relative age 50 or older in 2009, 28% more than in 2004. In a survey conducted for Home Instead Senior Care, a home-care franchiser, nearly 7% of respondents said they receive compensation for providing care to a relative. Feeding this trend is the high unemployment rate, the costs of nursing-home care, and the 2006 changes in Medicaid law that affects asset protection strategies. Some 37% of caregivers surveyed by…
Your mother has tithed (gifted) to her religious organization in the amount of $50 per week for years. Additionally, she has given her 10 grandchildren $20 every Christmas and on each of their birthdays. Thus, she has made charitable and small family gifts totaling $15,000 throughout the course of the last five years. Your mother has savings of less than $2,000 and now requires nursing home care. Therefore, your mother will qualify for Medicaid benefits to help pay for her care. However, she will not qualify for benefits because all gifts, even small ones, even charitable gifts, made within the…
Frederick, MD 
301-663-9230
