1 Guide to Applying for Medicaid Benefits Ettinger Law Firm estate planning elder law Protecting your future trustlaw.com
2 Guide to Applying for Medicaid Benefits by Michael Ettinger, Attorney at Law 2009 Ettinger Law Firm ATTORNEY ADVERTISING
3 Introduction and Overview Someone in your life, maybe a spouse, parent or a sibling, needs long-term care or has been receiving long-term care and paying for it out of their personal funds. Now they are in need of help from Medicaid. Medicaid is a complex program, with strict eligibility criteria and lengthy rules and regulations that change frequently. There are two different types of Medicaid benefits with various programs under each type. Community Medicaid Benefits Community based Medicaid applications are for elderly or disabled persons who wish to remain in the community, in the setting of their own home. This benefit requires three (3) months of financial documentation, current proof of income, along with Common Documents (e.g. birth certificate, health insurance card, veteran discharge papers) and the past year s income tax filings. Currently, once benefits have been applied for and a Medicaid pick-up date has been established, the applicant can keep a total of $787 per month or, for a couple, $1,137, from their income. The remainder of the applicant s monthly income is then paid towards their medical costs before Medicaid will step in. When computing income, the formula is the gross monthly income (including, but not limited to, Social Security, pensions, dividends, interest and annuity payments). The
4 only allowable deductions under Social Services regulations are health insurance premiums. Resources, which are assets belonging to the applicant and/or their community spouse, must be reported. An individual is allowed to keep $13,800 or, a couple, $20,100. For each individual, an assessment must be made by a home health agency, contracted with Medicaid, to determine the hours and care they will require. Should you feel that your loved one should be receiving more hours of care, or more benefits, you must file an appeal, called a Fair Hearing. Chronic Care Medicaid Benefits Perhaps your loved one can no longer stay at home because they have become a danger to themselves or others. In other cases, they need too much care or their caregiver can no longer manage their care. Since they may not qualify for 24/7 home care, you may want to apply for Chronic Care benefits. This type of application covers nursing home care and Long-Term Home Health Care (also known as Lombardi Program or Nursing Home Without Walls). Very few assisted living facilities are authorized to accept Medicaid. The Chronic Care application requires a look-back of 36 months (3 years) at this time, gradually increasing to 60 months (5 years) by February 1, You must provide all financial statements of any open or closed accounts during this time period. Each county has different
5 requirements as to the type of documentation you must present. Some counties require copies of all checks with a value of $1,000 or more and an explanation of all deposits for this same amount while in the New York City area it is a value of $3,000 or more. Again, all Common Documents must be presented, three years of tax returns, proof of income, and the correct application. The Department of Social Services will look for any gifts or transfers made during the look-back period. Each gift will incur a penalty period determined by the New York State Medicaid Regional Rates chart published each year. Should you apply before the penalty period has expired, you may be asked to provide additional documentation. Once you have compiled the documentation and the completed application, you may have to call the Department of Social Services for an interview date or you may have to go to the department and wait until you are called. You must be prepared to answer any of the Case Examiner s questions and you may be issued a Missing Documentation List giving you ten days to provide the requested documents. Failure to provide the documentation may result in denial of the application. On all applications, the county will investigate, requesting an IRS report for the past three years, a DMV report to see what vehicles are or were owned in the past 36 months, and a financial institution report under the applicant s and his/her spouse s Social Security numbers. Many individuals, in attempting to file for Medicaid on their own, without the assistance of the elder law firm, complete the application incorrectly, do not provide the right documentation or give unnecessary information which causes the county to seek additional information or to deny the application. These types of errors often require a Fair Hearing to have them corrected.
6 An individual applying for chronic care benefits in a nursing home is allowed to keep $50 of their net monthly income after allowable deductions. The remaining income is paid to the nursing home each month before Medicaid will begin paying. The community spouse, if there is one, is currently allowed to keep $2,739 in income and, if they fall short, they may draw from the applicant s income to make up the shortfall before paying. Resources are another concern. An individual in a nursing home is allowed to keep $13,800 in resources and the community spouse (if there is one) may keep between $74,820 and $109,560. There are additional techniques available to help the community spouse keep excess resources. The Medicaid benefit application process can be confusing, time consuming and overwhelming. The New York State Legislature, as well as the counties, are constantly seeking ways to curb Medicaid spending, which can involve changing the rules as you go along. If you are not aware of the rules and regulations you may not even know what your current rights are. Ettinger Law Firm has prepared thousands of Medicaid applications and can help you through these various programs and applications, especially concerning the many permissible ways to transfer and protect assets. We review the list of documentation you need to provide, compile accounting summaries for the open and closed accounts, advise you of ways to compile the documentation needed or where you may call to obtain some of the
7 Common Documents. We will attend the interview with the Department of Social Services and handle all telephone calls and correspondence from them, following through until a Notice of Decision is issued. If a Fair Hearing is required, we will advise you accordingly and will represent you should you so choose. Medicaid Eligibility Rules for Nursing Home Care CAUTION! The rules for qualifying for Medicaid benefits change frequently and vary by state. The concepts and amounts mentioned here change on a regular basis. Before a family takes any action, a qualified elder law attorney, knowledgeable in Medicaid law and the legal implications of asset transfers, should be consulted. Basic Eligibility Criteria To be eligible for the New York State SSI-related Medicaid programs, including Chronic Care, the applicant must: Be a U.S. citizen or resident alien admitted for permanent residence; Be a resident of New York; Be over age 65, blind, or disabled; Be receiving skilled care in a Medicaid certified facility; Provide or file for a Social Security number; Assign to the State all rights to collect private health insurance benefits and long term care benefits; Meet the income test; Meet the asset test; and Apply for all eligibility benefits available elsewhere, such as the VA
8 Additional Requirement for Chronic Care Benefits: In addition to the basic criteria set forth above, Chronic Care applicants must also meet two requirements: (1) Level of Care (medical need), and (2) Asset Eligibility. Income Criteria Income Requirements for the Applicant: At the present time an individual is allocated $50 each month for a personal needs allowance. Gross income includes earned income as well as some unearned income and some payments that would not otherwise be deemed income by the Internal Revenue Service. For example, Social Security, including the amount deducted for the applicant s Medicare payment, is part of the gross income, as well as railroad retirement benefits, pensions, dividends, interest, rental payments, annuity payments (including the return of principal), and income from various other sources. Income Requirements for the Community Spouse: Currently, the spouse at home, known as the community spouse, may keep up to $2,739 per month of the couple s combined income. This portion is known as the Minimum Monthly Maintenance Needs Allowance or MMMNA for short. There are some instances when the institutionalized spouse must contribute towards the needs of the community spouse. In order to raise the community spouse s monthly income to the $2,739 level, the institutionalized spouse s income is allocated to the community spouse. This spousal diversion of funds requires additional information as part of the application process. Under certain circumstances, the community spouse s income may exceed the $2,739 level. This is done after the institutionalized spouse receives his/ her personal needs allowance of $50.
9 Asset Criteria Types of Assets: Definitions Exempt assets: Those assets that a person is allowed to own, the value of which is not counted when determining Medicaid eligibility. Nonavailable assets: Assets not counted because the applicant, or the community spouse, has no means of accessing that particular asset and, therefore, it is not available. Assets that produce monthly income: These assets are counted as income and not as assets, and are also considered nonavailable. If assets do not fall into one of the above categories, they are considered countable. All countable assets are valued at their fair market value when determining Medicaid eligibility. Asset Requirements Applicant: The applicant cannot own countable assets in excess of $13,800, plus any exempt, nonavailable assets and income producing assets. Community Spouse: The current asset requirements for Medicaid eligibility state that the community spouse can retain between $74,820 and $109,560 in assets, plus any exempt, nonavailable and incomeproducing assets. When Both Spouses are Institutionalized: If both spouses are in a nursing home, they may each retain $13,800 in assets, plus any exempt, nonavailable and income producing assets.
10 Exempt Assets: Types Homestead: Medicaid considers the homestead to be an exempt asset, as long as the community spouse is residing there; however, if the home has an equity interest above $750,000 it becomes an available asset but only to the extent of the excess. Home equity is calculated using the current market value of the home minus any debt. The current market value is the amount for which it can reasonably be expected to sell on the open market in its geographic area. Motor Vehicles: One motor vehicle valued at less than $4,500 is exempt for an individual and a community spouse can own one motor vehicle, regardless of value. Personal Property: Exempt if it does not include valuable art or jewelry. Life Insurance: Exempt if the total combined face value of all policies is $1,500 or less. If the total combined face value of all policies exceeds $1,500, only the cash value of the policy is an available asset. Burial Plan: A burial plan up to $1,500, or an irrevocable burial plan in any amount, are considered exempt. Income Producing Assets: Assets that produce a fair market income are not counted as assets, but as income only. Excess Assets: Planning Techniques CAUTION! In the event the applicant and his/her spouse have excess assets, steps can be taken to become Medicaid eligible without spending all of the funds on the nursing home. Again, a note of caution: all of these rules and laws are changing on a regular basis.
11 Interspousal Transfers: A transfer of assets may take place between spouses without impacting upon any look-back period. Thus, regardless of when the applicant had assets, if the transfer was made to the spouse, that transfer will be deemed an exempt transfer and will not impact on Medicaid eligibility. Asset Spend-Down: Asset spenddown focuses on the best use of funds analysis. This strategy suggests a choice between paying the nursing home until all available assets are used up, or using funds to enhance asset value and add to the quality of life by purchasing exempt assets, reducing debt, or improving exempt property. Asset spenddown does not result in any disqualification from Medicaid and is a legal means of qualifying for Medicaid more quickly. Some examples of asset spend-down are as follows: If there is a mortgage on the homestead property of the community spouse, the mortgage can be paid off in order to reduce the assets. Since homestead is an exempt asset for the community spouse, satisfying the mortgage is not a disqualifying transaction. The community spouse may make improvements, repairs and replacements to the homestead, including repairing or replacing the roof, purchasing new furniture and appliances, carpeting, painting the house, etc. Since the community spouse will be making many trips to the nursing home, he or she might consider purchasing a new motor vehicle. No disqualification will occur because a motor vehicle is considered an exempt asset.
12 If there are no funeral arrangements, it is imperative that they be made for both the applicant and the community spouse, and paid for as soon as possible. Contracts should be made irrevocable and the contract must clearly state this. These funds are protected by law so that they are guaranteed to be available when needed. Personal Service Contracts: The Medicaid beneficiary and/or the beneficiary s spouse may enter into a personal service contract with someone who agrees to provide personal services to them for the rest of their actuarial life span. The contract must be entered into only if the party to whom services will be provided has not been declared terminally ill at that time. So long as there is a good faith contract, that contract may be for fair market value at reasonable hourly rates and may be prepaid in its entirety for the actuarial life span of the Medicaid applicant or his/her spouse. This prepayment will not be deemed a gift and will not affect Medicaid eligibility. The party entering into the agreement may be a relative. However, whomever is entering into the agreement must in fact perform the services and keep time records to document it. It should be noted that the income derived from the personal service contract is subject to income tax (including selfemployment tax), which can create negative consequences. Nevertheless, in many cases, the personal care contract is a viable planning device, especially when a child is providing care for a parent and is not working as a result.
13 Gifting Transfers Prior to February 8, 2006 All transfers made prior to February 8, 2006, by either the applicant or applicant s spouse, to an individual, have a 36 month look-back period from the date of the transfer. Beginning February 2009, the look-back period increases by one month, each month, until it reaches a 60 month look-back period in All transfers made to a trust prior to February 8, 2006 have a five year look-back period from the date of the transfer. The transfers that Medicaid evaluates are transfers for less than fair market value, and uncompensated transfers. A transfer for fair market value (for example, selling a house for $100,000 when its fair market value is $100,000) is considered exempt so long as fair market value is substantiated. Any transfers for less than fair market value, and any uncompensated transfers made prior to February 8, 2006, have a penalty period beginning from the date of the transfer. Medicaid has conducted surveys to establish the average cost of nursing home care within the county the applicant resides and applies that figure to the amount transferred to determine the penalty period or length of time the applicant is ineligible for Medicaid benefits. Example: Applicant transferred $90,000 to her son in January The average monthly cost of nursing home care in the area is $9,000, therefore the applicant is ineligible for Medicaid benefits for ten months from the date of the transfer. Transfers Subsequent to February 8, 2006 If a Medicaid applicant or the applicant s spouse made or makes an uncompensated transfer, or a transfer for less than fair market value,
14 on or after February 8, 2006, then the penalty period resulting from the transfer begins on the later of the following dates: The date the individual would otherwise meet all other eligibility requirements, except for the transfer. Eligibility requirements include being a resident of a nursing home, in receipt of Medicaid covered services and meeting the resource allowance. The first day of the month in which the individual transferred the asset. The first day following the end of an existing penalty period. All uncompensated transfers, including those within the applicable look-back period, will be aggregated to determine the penalty period, which will only begin to run when the applicant is otherwise eligible for Chronic Care Medicaid benefits. Example: Applicant transferred $90,000 to his son on January 1, He then applies for Medicaid in January 2011, at which time he meets all eligibility requirements except for the uncompensated transfer. The average cost of monthly nursing home care has been determined to be $9,000. The penalty period begins to run at that point. Medicaid would deem him ineligible for benefits for the next 10 months. He would be eligible, assuming the other criteria were still met, in November As an aside, once the penalty period is imposed, the penalty period will continue even though the individual may no longer meet all of the criteria for eligibility for the entire penalty period, such as the receipt of new assets, being discharged from the nursing home and not in need of nursing home care.
15 Annuities: Balloon annuities are now considered an available asset and cease to be a viable planning tool if purchased or annuitized after February 8, Immediate, level payout annuities are not transfers for less than fair market value if they meet the following criteria: Annuity Criteria - Medicaid Applicant Irrevocable and non-assignable Actuarially sound using the life expectancy tables of the SSA, Office of the Chief Actuary. (In other words, it must be paid off in full within the life expectancy of the annuitant). Immediate pay with equal payments and no balloon or deferred payments Meet the beneficiary requirements below Annuity Criteria - Community Spouse Actuarially sound using the life expectancy tables of the SSA Meet the beneficiary requirements Annuity Beneficiary Requirements: Applicant and Community Spouse: Applicants and their spouses must disclose to the State of New York any interest they have in any annuities. If purchased after February 8, 2006, or if any beneficiary changes are made to any annuity purchased prior to this date, the State must be named as a remainder beneficiary either at the time of approval or upon recertification. The State must be named as remainder beneficiary in the first position for
16 the total amount of medical assistance paid by the State on the annuitant s behalf. If the applicant has a spouse, minor child or disabled child, the State must be named in the second position after the community spouse, minor child or disabled child. Gift and Loan: Gift and Loan is based on the premise that saving half of the assets is a desirable planning opportunity. Half of the excess resources are gifted out of the applicant or applicant s spouse s name. The other half is loaned, through a promissory note, to someone, usually an adult child The amount gifted creates a penalty period, or length of time the applicant is ineligible for Medicaid and the promissory note is structured to be used, in addition to the monthly income, to pay the nursing home expenses during the penalty period. Transfers to Disabled Child: If there is a disabled child who has obtained a disability determination from the Social Security Administration, or could obtain one if he/she has not yet done so, a transfer to that child will not be treated as an uncompensated transfer, and no penalty period will be imposed on the Medicaid applicant as a result of that transfer. Of course, one must ensure that the transfer to the disabled child does not cause that child to lose any governmental benefits. In such a case, transfer may be made to a Supplemental Needs Trust for the benefit of the child. A transfer is also exempt if made to any other trust for the benefit of that child, as long as it is for the sole benefit of that child. Spousal Refusal Just Say No: Currently, under New York State Law, the community spouse may retain all of his or her assets and refuse to share these monies to assist with the spouse s long-term care needs. An institutionalized spouse may not be determined to be ineligible based upon a community spouse s resources, provided all of the following conditions are found to exist:
17 The institutionalized individual is not eligible for Medicaid institutional services because of the community spouse s resources and the community spouse refuses to use the resources for the institutionalized spouse. The institutionalized spouse assigns to the State any rights to support from the community spouse by submitting an Assignment of Support Rights form, signed by the institutionalized spouse or his or her representative. Currently, if the community spouse is the only person with the power of attorney, Social Services refuses to recognize that assignment. The institutionalized spouse would be eligible if only those resources to which the institutionalized spouse had access were counted and he or she had no other means to pay for the nursing home care. Additionally, the community spouse must provide all information and full disclosure to Medicaid of his or her assets and income. Failure to provide same will result in a denial of Medicaid for lack of cooperation and disclosure. Excess Assets Planning Techniques: A Note About Tax Considerations Some of the strategies mentioned thus far have tax implications that cannot be avoided. In fact, some may cause adverse income tax results. Thus, these strategies are considered asset protection planning, rather than financial planning in the general sense. We believe that it is critical that clients recognize this distinction. Families should seek tax advice from a qualified tax accountant, or an experienced elder law attorney, so they clearly understand the tax ramifications of these Medicaid planning strategies.
18 Undue Hardships: In the event Medicaid would be denied because of uncompensated transfers or excess home equity, an application for an undue hardship can be made upon appeal. A claim would be made that imposing a period of ineligibility deprives the individual of medical care, endangering his or her life and health, because no alternative resources are available for the individual. Estate Planning and Asset Protection: The irrevocable Medicaid trust is used to protect assets from nursing home costs. The applicant and/or the applicant s spouse are the grantor(s), or creator(s) of the irrevocable trust. Most people choose one or more of their adult children to act as trustee(s) or manager(s) of the irrevocable trust. Since principal is not available to the grantor(s), the client will not want to put all of their assets into such a trust. Assets that should be left out are IRA s, 401(k) s, 403(b) s, etc. The principal of these qualified assets are generally exempt from Medicaid and should not be placed into a trust, as this would create a taxable event requiring income taxes to be paid on all of the IRA, etc. If the institutionalized client has a community spouse, up to about $100,000 may also be exempted. Notwithstanding that the home is exempt if the community spouse is living there, it is generally a good idea to protect the home sooner rather than to wait until the first spouse has passed, due to the five year look-back period. Estate Recovery: Pursuant to federal law, each state must set forth the manner of estate recovery for Medicaid recipients. Currently, under New York State Law, recovery can be made only from the recipient s probate estate upon the recipient s death, not from the spouse.
19 About the Author and Ettinger Law Firm Principal attorney Michael Ettinger has been a member of the New York State Bar since He is an honors law graduate of McGill University in Montreal, Canada and obtained his Master of Laws from the London School of Economics in Ettinger Law Firm, dedicated exclusively to estate planning and elder law, was formed in Mr. Ettinger is a founding member of both the American Academy of Estate Planning Attorneys and the American Association of Trust, Estate and Elder Law Attorneys. Ettinger Law Firm has prepared thousands of estate plans using trusts and has filed thousands of Medicaid applications. Our staff of attorneys and experienced Medicaid professionals provide you with over fifty years of combined experience in estate planning and elder law. The law firm offers a free, one hour consultation to help you determine whether our services may be of benefit to you and your family. Please call us at , ext. 10 to schedule your free consultation. Please also visit our website, trustlaw.com, for office locations and directions and for more information about estate planning and elder law. Thank you for considering Ettinger Law Firm for your estate planning and elder law needs. Testimonials We were very impressed with the knowledge, expertise and professionalism of your office. We ve even recommended your firm to other attorneys. Thank you for making a confusing issue much clearer. R.W. In our opinion your documents are excellent, and we receive many compliments from other professionals re: the thoroughness and clarity of our dox. M. & C. W.
20 Plan Online at trustlaw.com Ask the Lawyer Schedule a free consultation Free public seminar schedule Subscribe to weekly Elder Elert Online library and resource center Online video estate planning seminar Ettinger Law Firm estate planning elder law Protecting your future trustlaw.com ALBANY FISHKILL MIDDLETOWN NYACK RHINEBECK SARATOGA STATEN ISLAND WHITE PLAINS 125 Wolf Road, Albany, NY
QUESTIONS AND ANSWERS ON MEDICAL ASSISTANCE FOR NURSING HOME CARE Prepared by: Long Term Care Assistance Project, Maryland Legal Aid Updated January 2015 Medical Assistance is a government-funded program
230 North Elm Street, Suite 1500 Greensboro, NC 27401 100 Europa Drive, Suite 271 Chapel Hill, NC 27517 336.370.8800 MEDICAID (fax) 370.8830 www.schellbray.com Medicaid is a government program that can
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) Not certified disabled but chronically ill Institutionalized
Questions & Answers on Medical Assistance for Nursing Home Care In Maryland 1. What is Medical Assistance? Will the Nursing Home or the State take my house? Will we have to use my spouse s income to pay
LONG TERM CARE AND SPOUSAL SUPPORT 2014 A Guide for Nevada's Married Seniors and Their Families (Protecting the non-disabled spouse from impoverishment) By: HANCOCK AND CAVALLERA, PLLC Reno, Nevada (775)
Questions and Answers about Medicaid for Those Receiving Long-Term Care in Idaho Question 1: What is Medicaid? Answer: Medicaid is a government program that pays for medical services, including long-term
MEDICAID For SSI-related persons Comm. 28 (Rev.7/10) PRINTED ON RECYCLED PAPER Iowa Department of Human Services DHS POLICY ON NONDISCRIMINATION No person shall be discriminated against because of race,
Financial & Legal Solutions for Long-Term Care Planning By, John J. Campbell, CELA, MSCC My Two Rules of Long-term Care Planning 1. Ensure that the individual will have uninterrupted access to proper care
QUESTIONS & ANSWERS ABOUT FINANCIAL ELIGIBILITY FOR MEDICAID NURSING HOME SERVICES IN FLORIDA This summary is intended to provide a limited overview of Medicaid eligibility for nursing home services in
Title 23: Medicaid Part 103: Resources Part 103 Chapter 6: Annuities Rule 6.1: Annuities Defined for Medicaid Purposes A. Annuities General (Applies Regardless of Purchase Date) 1. An annuity is defined
People helping people help themselves MITCHELL E. DANIELS, JR., GOVERNOR STATE OF INDIANA Office of Medicaid Policy and Planning MS 07, 402 W. WASHINGTON STREET, ROOM W382 INDIANAPOLIS, IN 46204-2739 December
CASSIDY L AW FIRM Michele Cassidy, J.D., LL.M. 2900 Westchester Avenue, Suite 308 \ Purchase, New York 10577 Introduction THE MEDICAID REGIME BY MICHELE CASSIDY, J.D., LL.M. In response to what Congress
Administrative Code Title 23: Medicaid Part 103 Resource TABLE OF CONTENTS Title 23: Division of Medicaid... 1 Part 103: Resources... 1 Part 103 Chapter 6: Annuities... 1 Rule 6.1: Annuities Defined....
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 Working Individuals (QDWI);
If a Partnership policy covers a patient's stay in a private room in a nursing home until policy benefits are exhausted, and the patient transitions into Medi-Cal, with a Share of Cost (SOC), do they have
SOME QUESTIONS AND ANSWERS ABOUT FINANCIAL ELIGIBILITY FOR MEDICAID NURSING HOME SERVICES This summary is intended to provide a limited overview of Medicaid eligibility for nursing home services in the
Introduction The Deficit Reduction Act of 2005 (DRA) was signed into law by President Bush on February 8, 2006. This legislation contains new and harsh restrictions on the treatment of transfers without
Helping Older Persons With Legal & Long-Term Care Problems Supplemental Security Income (SSI) 1. Who Is Eligible For SSI? You must apply and submit a signed application, be 65 or older, blind or disabled
Paying for Long-Term Care: An Overview of Medical Assistance Prepared by the Elder Law Team at: THE NUMBERS REFERENCED IN THIS BOOKLET CHANGE IN JANUARY AND JULY OF EACH YEAR. WE RECOMMEND YOU MEET WITH
Today s Program Look-back period Financial eligibility Multiple transfers Penalty periods Undue hardship Annuities Life Estate interest Loans, promissory notes, mortgages Today s Program We ll also look
VETERANS BENEFITS AND NURSING CARE: A PRIMER TO VA HOME AND MEDICAID ELIGIBILITY By Timothy J. Rice, Esq. For those individuals who need long-term care and who may also be veterans, there are no shortage
Call today: 757-399-7506 We help seniors and their families find the right options, support and services as they face complex issues involved with aging. SPECIAL REPORT: Virginia Medicaid Explanation VIRGINIA
LONG TERM CARE ISSUES and MEDICAID Prepared by: Adult Services Bureau of Assistance Programs State of Connecticut Department of Social Services 25 Sigourney Street Hartford, Connecticut 06106-5033 Telephone
0384 RESOURCE TRANSFERS 0384.05 LEGAL BASIS REV:07/2008 The Omnibus Budget Reconciliation Act (OBRA) of 1993 provides a penalty for institutionalized individuals who on or after 8/11/93, transfer or have
QUESTIONS AND ANSWERS ON MEDICAID FOR NURSING HOME RESIDENTS COLUMBIA LEGAL SERVICES OCTOBER 2015 THIS PAMPHLET IS ACCURATE AS OF ITS DATE OF REVISION. THE RULES CHANGE FREQUENTLY. 1. What is Medicaid?
Pennsylvania Medicaid Long Term Care Services DISCLAIMER The purpose of this document is to provide a general overview of eligibility for Medicaid Long Term Care (LTC) in Pennsylvania. It is intended to
MEDICAID INFORMATION FOR LONG-TERM CARE Revised March 2012 INTRODUCTION There are often many questions about eligibility for Medicaid. Since the changes in the Federal Law in 1993 concerning what is allowed
The 2015 Self-Assessment Guide For Long Term Care Insurance A JOINT PUBLICATION BY: SHIP State Health Insurance Assistance Program And Indiana Partnership Long Term Care Insurance Program Both of the Indiana
Employees Manual Revised September 16, 2011 Title 8 Chapter D MEDICAID RESOURCES Title 8: Medicaid TABLE OF CONTENTS Revised July 25, 2014 Page 1 Page Overview... 1 Attribution of Resources... 1 Resources
TITLE 405 OFFICE OF THE SECRETARY OF FAMILY AND SOCIAL SERVICES Final Rule LSA Document # 08-325(F) DIGEST Amends 405 IAC 2 to conform to the Deficit Reduction Act of 2005, Pub. L. No. 109-171, and update
Arkansas Department of Human Services Your Guide To Medicaid Estate Recovery In Arkansas Table of Contents What is Estate Recovery? 3 Who does it affect? 4 What is a HCBS Waiver Program? 4 What is an estate?
The Basics of Wisconsin Medicaid Peter J. Walsh, Esq. By: O Neil, Cannon, Hollman, DeJong S.C. 111 East Wisconsin Avenue Suite 1400 Milwaukee, Wisconsin 53202-4870 Telephone: 414-276-5000 Facsimile: 414-276-6581
Legal Issues as You Age: Control your destiny. Don t let others do it for you. Kris L. Maser October 20, 2014 What is Life Care Planning? Wealth Accumulation Dealing with unplanned issues along the way
COMMISSIONERS Jimmy Dimora Timothy F. Hagan Peter Lawson Jones A Quick Guide to Long Term Care Medicaid DSAS Services & Solutions for Better Living INTRODUCTION The Department of Senior & Adult Services
A BASIC OVERVIEW OF ELDER LAW PLANNING CONSIDERATIONS by: Christine J. Sylvester* Over the past decade, we have witnessed amazing movements in the area of health care wherein medical science has provided
TITLE 8 SOCIAL SERVICES CHAPTER 139 FOOD STAMP PROGRAM PART 510 ELIGIBILITY POLICY - RESOURCES AND PROPERTY 8.139.510.1 ISSUING AGENCY: New Mexico Human Services Department [02/01//95; 8.139.510.1 NMAC
Medicaid Eligibility and the Treatment of Income and Assets under the New York State Partnership for Long-Term Care (The only plan covered in this document is the Total Asset 3/6/50 plan.) Prepared By:
Probate and Estate Planning Section State Bar of Michigan Planning for Medicaid Qualification Notes 2 Planning For Medicaid Qualification Table of Contents Background..........................................
Medicaid Nursing Home Information January 2015 This pamphlet tells you about Medicaid rules for: Utah Nursing Homes. Intermediate Care Facilities for people with Intellectual Disabilities (ICF/ID) This
Questions and Answers Surrounding Elder Care Law Heather Durham Nadler, Esq. Certified Elder Law Attorney Heather Durham Nadler, P.C. 2600 Century Parkway, Suite 100 Atlanta, Georgia 30345 (678) 916-5390
How You Can Get Help Paying For Alzheimer s Care Weatherby & Associates, PC 693 Bloomfield Ave, Suite 200 Bloomfield, CT 06002 (860) 769-6938 Revised June 2014 1 Introduction Will I have to spend all of
1255 Lynnfield Road, Suite 117 Memphis, TN 38119-5161 901.820.0810 901.761.3813 A. SENIOR'S PERSONAL DATA Full. Home Address. City: State: Zip: May we correspond with you by e-mail? Yes No If so, e-mail
PROTECTING LIFE SAVINGS FROM NURSING HOME COSTS by Lois G. Andrews IMPORTANT NOTE: The purpose of this outline is to familiarize the reader with the Medicaid rules. However, since this is only a summary,
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.
TRANSMITTAL LETTER FOR MANUAL RELEASES STATE OF MARYLAND DEPARTMENT OF HEALTH AND MENTAL HYGIENE BENEFICIARY SERVICES ADMINISTRATION DIVISION OF ELIGIBILITY POLICY 201 WEST PRESTON STREET BALTIMORE, MARYLAND
TRANSFER OF HOME TO CHILDREN THE PROS AND CONS By Lois G. Andrews, Esq. and James L. Young, Esq. IMPORTANT NOTE: The purpose of this outline is to familiarize the reader with some of the various laws and
The Estate Planner September/October 2011 Pension payouts: What s the best option? Take care of a loved one who has special needs with an SNT Shopping for tax savings Relocating a trust to a tax-friendly
SAVING THE NEST EGG: ASSET PROTECTION THROUGH MEDICAID PLANNING FOR LONG-TERM CARE IN TEXAS Michael B. Cohen, Attorney at Law 12201 Merit Drive, Ste. 230 Dallas, Texas 75251 (214) 720-0102 Toll Free (800)
QUESTIONS AND ANSWERS ON MEDICAID FOR NURSING HOME RESIDENTS COLUMBIA LEGAL SERVICES APRIL 2014 THIS PAMPHLET IS ACCURATE AS OF ITS DATE OF REVISION. THE RULES CHANGE FREQUENTLY. 1. What is Medicaid? Medicaid
Presented by: Andrew H. Hook, CELA, CFP, AEP Our clients will frequently own a home when confronted with the need for long-term care. The client will frequently want to remain in their home. The client
Qualifying For Financial Assistance For Nursing Home Care This guide is brought to you as a service of: AVOID NURSING HOME POVERTY ATTORNEY ROBERT D. MANNOR Grand Blanc Office 12750 S. Saginaw St. Suite
I. In General 3.1 II. Asset Eligibility Rules 3.2 3 Asset Eligibility III. Countable Assets A. In General 3.3 B. Availability of Assets 3.4 C. Jointly Owned Assets as Unavailable 3.5 D. Nonsalable Assets
Nassau County Bar Association Annuities in an Elder Law Practice Vincent J. Russo, JD,LLM,CELA Vincent J. Russo & Associates, PC Westbury, Islandia, Woodbury and Lido Beach, NY www.vjrussolaw.com Summary
A Closer Look at Life Estates, Long Term Care Planning & Reverse Mortgages By: Leo J. Cushing, Esq., CPA, LLM Cushing & Dolan, P.C. Attorneys at Law 24 School Street, Suite 300 Boston, MA 02108 (617) 523-1555
(New 3/13) STATE OF CONNECTICUT DEPARTMENT OF SOCIAL SERVICES SOME QUESTIONS AND ANSWERS ABOUT APPLYING FOR MEDICAID TO PAY FOR LONG-TERM CARE or HOMECARE. Medicaid rules are complicated and change often.
REAL ESTATE AND MOBILE HOME TAX RELIEF APPLICATION Office of the Tel.: (804) 652-2161 Fax: (804) 829-6228 2015 Tax ID No.: For Office Use Only Applicant s Name: *** All renewal applications must be filed
There are different types of annuity products that can serve different needs. Even within a particular type of annuity product category, for example a fixed indexed annuity, the benefits and features can
74 Main Street PO Box 31 Akron, NY 14001-0031 Phone: 716.542.5444 Fax: 716.542.4090 (Not for service of process) NEW YORK MEDICAID GUIDE 2016 Areas of practice: Accidents/Personal Injury Corporate/Business/LLC
Commonly Asked Medicaid Questions 1. What is the difference between Medicaid and Medicare? Medicaid is a federal health program available to disabled workers and seniors who are 65 or over. Eligibility
Hill Law Group, PA ELDER PLANNING QUESTIONNAIRE (For a SINGLE person) NOTE: The main person this form is about is the person who is intended to receive assistance. All questions that ask about you refer
I MEDICAID: THE BASICS A. ELIGIBILITY Medicaid is a joint federal and state program implemented under Title XIX of the Social Security Act. [42 U.S.C.A. 1396, et seq.]. The applicable federal regulations
2011 Instructions for Form 8853 Archer MSAs and Long-Term Care Insurance Contracts Department of the Treasury Internal Revenue Service Section references are to the Internal Revenue Code unless otherwise
Annuity Ownership Considerations What is an annuity owner? What are the owner's rights? Who should be the owner? What if the owner dies? Is the annuity includable in the owner's estate? What risks does
Distribution Form HCS RETIREMENT SERVICES 1095 South 800 East Orem, UT 84097 Phone 801-224-1900 Fax 801-224-1930 www.hcsretirement.com EMPLOYER: PERSONAL INFORMATION Last Name: S.S. #: First Name: Date
IMPORTANT NOTE: TRANSFER OF HOME TO CHILDREN THE PROS AND CONS By Lois G. Andrews, Esq. The purpose of this outline is to familiarize the reader with the various laws relating to transfers of property.
LONG-TERM CARE INSURANCE SELF-ASSESSMENT GUIDE SHINE is funded solely through a grant from the Centers for Medicare & Medicaid Services and administered by the Florida Department of Elder Affairs http://www.floridashine.org
Understanding Your Options for Care in a Nursing Home or Assisted Living Facility 2015 Please keep in mind that the following information does not substitute for the advice of an attorney. To discuss your
The Best Tips, Facts & Strategies You Need to Know About Medicaid Planning by Tom Willoughby, Esq 407-977-9171 Tom.WilloughbyJD@gmail.com Copyright 2011 Welcome! Thank you for opening my booklet. I hope
PROTOTYPE SIMPLIFIED EMPLOYEE PROTOTYPE PLAN PROTOTYPE SIMPLIFIED EMPLOYEE PENSION PLAN AGREEMENT ARTICLE I Adoption and Purpose of Plan 1.01 Adoption of Plan: By completing and signing the Adoption Agreement,
Exemptions Allowed for Medicaid Eligibility in the District of Columbia, Maryland and Virginia By: Paul D. Pearlstein TABLE OF CONTENTS I. Introduction.1 A. Criminal Sanctions and Fraud II. Transfers of
STATE OF ARIZONA MEDICAID ESTATE RECOVERY PROGRAM DE-810 (Rev. 07/15) Page 1 This brochure provides a general description of the Arizona Estate Recovery Program. Individual circumstances may vary and affect
Application for Mississippi Medicaid Aged, Blind and Disabled Medicaid Programs This application is used for an individual, couple or child to apply for Medicaid due to age or disability. Please read each
Hardship Withdrawal Form READ THE ATTACHED IRS SPECIAL TAX NOTICE: IF YOUR PLAN ALLOWS FOR AN ANNUITY OPTION, READ THE WRITTEN EXPLANATION OF QUALIFIED JOINT AND 50% CONTINGENT SURVIVIOR ANNUITY FORM OF
Medi-Cal Handbook page 47-1 47. 47.1 Background The Omnibus Reconciliation Act of 1993 (OBRA 93) was amended to provide new requirements for the treatment of trusts and annuities. The new procedures for
Chapter Seven INHERITANCE & ESTATE PLANNING Estate planning is the process of determining how the assets you own at the time of your death your estate will be distributed after your death. The distribution
The Medicaid Handbook John received his B.A. from LSU in 1970, and his J.D. from the University Of Denver School Of Law, 1981. In addition to more than 20 years of legal experience, John is also a Certified
Distribution Form Subject to Joint & Survivor Annuity Please refer to the Plan s Summary Plan Description (SPD) for reasons distributions that are allowed in your plan. You may review the SPD, your account
2010 Instructions for Form 8853 Archer MSAs and Long-Term Care Insurance Contracts Department of the Treasury Internal Revenue Service Section references are to the Internal Revenue Code unless otherwise
2014 Desiree M. Baltimore, Manager, Tax Relief Section Department of Tax Administration 703-222-8234 firstname.lastname@example.org TTY: 703-222-7594 APPLICATION FOR TAX RELIEF COUNTY OF FAIRFAX DEPARTMENT
SIMPLE IRA Summary September 2013 Important Information Morgan Stanley SIMPLE IRA Summary The following is intended to provide you with basic information on the roles and services that Morgan Stanley Smith
Financial Benefits for Seniors (9/10/10) Prepared by Broome County Office for Aging Programs are available to seniors that can save you money or increase your income. Eligibility requirements may apply
2014 Instructions for Form 8853 Archer MSAs and Long-Term Care Insurance Contracts Department of the Treasury Internal Revenue Service Section references are to the Internal Revenue Code unless otherwise
Information About Your Hardship Withdrawal Request A Hardship Withdrawal from a 401(k) Plan is subject to IRS Regulations. Please review the following information before completing the Request form. Types
QUESTIONS AND ANSWERS ON THE COPES PROGRAM COLUMBIA LEGAL SERVICES JULY 2016 THIS PAMPHLET IS ACCURATE AS OF ITS DATE OF REVISION. THE RULES CHANGE FREQUENTLY. 1. What is COPES? COPES is a Home and Community
REVISED 11-01-96 PAGE 6200 TYPES OF A. CASH/ Cash consists of money which is on hand in the form of FINANCIAL currency or coin. Foreign currency or coins are cash to the ACCOUNTS that they can be exchanged
Participant Information Eagle Systems, Inc. Tax Deferred Savings Plan & Trust (EAG) FINANCIAL HARDSHIP REQUEST FORM Name: SSN: Address: City: State: Zip: *Phone: *Email: Date of Birth: / / Hours Worked
Estate Settlement In Utah Marc A. Austin, P.C. All rights reserved. No portion of this booklet may be reproduced without written permission. Marc A. Austin, P.C. Attorney at Law 3521 North University Avenue