Maryland’s Dysfunctional Medicaid System Sued in Court Maryland’s Medicaid program has long been plagued with problems. For years, families and advocates have complained that the state’s eligibility systems are confusing, unreliable, and prone to sudden mistakes that cut off health coverage without warning. Now, those complaints are in court. In a lawsuit filed September […]
What IRS Revenue Ruling 2023-2 Actually Says & Why It Does Not Affect the Living Trust Plus®
Clarifying Misconceptions About Step-Up in Basis and Irrevocable Trusts Ever since the IRS issued Revenue Ruling 2023-2 in March 2023, many articles — including some written by attorneys and CPAs — have spread the mistaken idea that no irrevocable trust allows a step-up in basis at death. This misunderstanding has led to confusion and concern […]
Is Medicaid Planning Legal and Ethical?
The Legality and Ethics of Medicaid Planning Medicaid planning (i.e., planning to protect assets in connection with long-term care Medicaid, which is a program completely different from health insurance Medicaid — the one that is affected by the recently-enacted tax and spending bill) is often talked about in hushed tones — sometimes even described as […]
What Trump’s New Bill Means for Medicaid Long-Term Care Coverage
What Trump’s New Bill Means for Medicaid Long-Term Care Coverage Long-term Care Medicaid is NOT Going Away, and the Changes are Very Limited Almost all media coverage of Trump’s newly passed OBBBA law that talks about Medicaid has focused on its doom and gloom impact on Medicaid health insurance — not Medicaid long-term care coverage, […]
Will Medicaid Block Grants Affect Your Ability to Get Long-Term Care?
If you or a loved one think you might need to apply for long-term care Medicaid in the future, you might want to understand how potential changes to the program — such as a shift to a block grant system — could impact nursing home coverage and home-based long-term care services. For decades, Congress has […]
Beware of “Forgotten Assets” When Applying for Medicaid. And Beware of Bankers Trying to be Helpful.
We received two similar questions this week and will address them both. Q1. My aunt opened a savings account at her local bank for her son (my cousin) in the late 1980’s when my cousin was in college. When she opened the account for him, the bank representative, trying to be helpful, suggested that the […]
Would a Graduation Gift to my Son Affect my Mother’s Medicaid Eligibility?
Dear Raider, My son recently graduated from high school. My mother wants to give him a monetary gift of $1,000. She is in the early stages of dementia and may need nursing home care in the not-so-distant future. Would giving this gift affect her Medicaid eligibility? Thanks for your help! Ella Jability — Dear Ella, […]
Navigating the Complexity of Medicaid and Medicare Dual Eligibility
Q. I am aware that many people are eligible for both Medicaid and Medicare. How does dual eligibility work? It seems like anything involving Medicaid and/or Medicare can be pretty complicated. Can you tell me more about it and if/how these two programs are somehow integrated? Thanks for your help! A. Please note that this […]
Misinformation about Medicaid in Popular Media and Journalists Getting Legal Information from Non-Lawyers
Medicaid turns 59 in July 2024! In the summer of 1965, President Johnson addressed a joint session of Congress asking that we honor a basic commitment to our seniors. He asked that the later years of their lives not be filled with “despondency and drift, or fear of financial hardship in the event of illness,” […]
Comparing a Certified Medicaid Planner with a Certified Elder Law Attorney
Q. My sister-in-law and my husband have recently been discussing Medicaid Planning for my husband’s mother, who is in an early stage of dementia. You and your law firm represented my parents several years ago when we needed to protect their assets and get my mom on Medicaid. Thank you again for that! My siblings […]
What Are the Top Eight Questions to Ask a Medicaid Asset Protection Attorney?
May is National Elder Law Month! Elder Law Attorneys across the country, including those at the Farr Law Firm, are taking the opportunity to educate seniors about their legal options in the communities we serve. Now is the perfect time to talk about one of our practice areas: Medicaid Asset Protection, also known as Medicaid […]
Is Medicaid Going to Want Us to Pay Them Back?
Q. I recently heard a horror story on NPR about a woman whose mother had Lewy body dementia, and Medicaid paid for her care. When she died, the state sent the family a letter that they owed over $200,000 in recovery payments. I didn’t realize that Medicaid was similar to a loan that you had […]
Important Client Update About Medicaid Redeterminations
Enacted soon after the beginning of the pandemic, the Families First Coronavirus Response Act included a requirement that Medicaid programs in every state, in order to receive enhanced federal funding, keep people on Medicaid who enrolled on or after March 18, 2020, regardless of changes in their circumstances, through the end of the month in […]
The Biggest Misconception About Medicaid
Q. I recently came across an article on CNBC.com where I saw you were quoted as an expert. I’m confused about something in the article, and I’m hoping you can clear it up. It’s an article about the expenses of long-term care and the importance of planning in advance for long-term care, and it only […]
Your House Is NOT Protected from Medicaid
Q. My mom and dad built our family home in Arlington 35 years ago. It’s been remodeled twice and expanded to enlarge the kitchen and add a master bedroom suite. Our family still hosts frequent gatherings in the home for holidays and birthdays. Mom and Dad had paid off the mortgage before Dad retired. So […]
Maryland Medicaid Waivers Have a Wait-List of 21,000 Names — Is That Ever Going to Change?
Q. My sister, Freda, age 70, resides in Rockville, Maryland, and is physically disabled. Due to her disability, has been cared for in her home by nursing aides 24/7 for the past several years. Luckily, our parents had amassed considerable savings before they died and left money for Freda in a special needs trust which […]
Medicaid-Covered Home Health Care in Maryland — Reality or Illusion?
Q. For years, my Aunt Linda, 80, who lives in Rockville, Maryland, has had trouble walking or standing for long periods and trouble getting in and out of her favorite chair. She also needs help dressing and bathing, and she has frequent incontinence. As her dementia gets worse, she has started to need more assistance […]
Should My Mother Let Her Life Insurance Policy Lapse?
Q. My mother, Sandra, is considering letting her life insurance policy lapse. She claims that she is low on funds and that it is difficult to make the monthly payments. She is also concerned about Medicaid eligibility. Do you have any advice on this matter? Also, I’d like to buy life insurance and long-term care […]
How the Recent Stimulus Check Works if Your Loved One is in a Nursing Home
Maria’s mother, Annie, lives in a nursing home and is on Medicaid. Annie recently received a stimulus check as part of the third round of Economic Impact Payments that were sent to eligible Americans last month. For most of us, extra money in our accounts is a welcome gift. But for Maria and her mother, […]
Now May Be a Good Time to withdraw $100K from Your Retirement Accounts, Penalty-Free!
Q. My wife, Patty, and I are in our late 50’s and have been hit hard by COVID-19. Luckily, neither of us got the virus, but financially, we have been struggling. I got furloughed from my job and Patty teaches yoga, and the yoga studio where she teaches, like so many others during this pandemic, […]
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