No Penalty For Transfer to Disabled Child. DFCS imposed a transfer of resources penalty where Petitioner transferred cash assets to…
No QIT means No Medicaid If Income Exceeds Cap. Petitioner entered the nursing home in July 2007 and applied for…
Determining Which Property is the Exempt Homeplace; Whether Jointly Owned Second Property was Exempt. Petitioner lived at her residence in…
Penalty Reversed Where Home was Given to Caregiver Child. In 2002, Petitioner’s daughter moved into Petitioner’s home to provide care.…
No Penalty Where Transfer Reimbursed Third Party for Paying Applicant’s Expenses. Petitioner was admitted to a nursing home on May…
The Limit is the Limit, Part 2. Petitioner entered the nursing home on April 17, 2007 and applied for Medicaid…
Calculation of Cost-Share. As of November 1, 2008, Petitioner’s gross monthly income was $2,385.54. DGCS calculated the cost-share as $2,189…
Corpus of Irrevocable Trust was Countable Resource. Two trusts Petitioner created in 2000 held a cumulative balance of approximately $64,000.…
Cost-share deduction for health insurance premiums. The ALJ stated the issue as whether a nursing home resident is entitled to…
The Limit is the Limit. An 84 year old applicant was denied Medicaid for the months of December 2007 through…
Where application was lost, eligibility retroactive eligibility related back three months from date of original application. After receiving a personal…
DFCS directed to determine eligibility where application was pending for over one year. Petitioner filed an application for Medicaid on…
Sole Benefit Trust rejected and transfer penalty imposed. An 86 year old applicant established an irrevocable trust for the benefit…
Transfer Penalty Reversed Where Home Was Returned. Three months prior to a nursing home admission, a 98 year old Petitioner…
Incorrect Decision Reached Regarding Status of Community Spouse. A nursing home resident’s spouse was denied a Community Spouse Monthly Income…
Georgia’s Medicaid Manual cannot be enforced when it conflicts with federal law. Applicant resided in an assisted living facility until…
Ignorance of QIT Requirement Does Not Excuse Failure to Comply. Nursing home resident’s son assisted with her October 25, 2007…
Assessment of transfer penalty on sale of life estate affirmed. Conservators sold life estate for $1,500, then sold the applicant’s…
No penalty may be assessed where resources are transferred directly to a disabled child. A nursing home resident transferred approximately…
Hire a Lawyer. An unrepresented nursing home resident applied for Medicaid on December 21, 2007. A 981 was issued after…
Community Spouse Resource Allowance administratively raised. Evidence was stipulated that the combined marital income of the couple did not result…
Valuation; value of transferable promissory note. Petitioner filed a motion for summary determination and respondent failed to answer. The issue…
Transfer of resources penalty affirmed. Nursing home resident applied for Medicaid in January 2008. During review, caseworkers discovered a home…
Treatment of retirement accounts. Section Section 2332 indicates that an applicant must apply for periodic benefits, but does not indicate whether the…
Resource limit firm; debt not a factor. Petitioner’s application for benefits was denied twice because the Petitioner’s agent was unable…
Georgia State University College of Law Virtual Event (registered attendees will be sent WebEx link) The role of public health…
Outline of Georgia Guardianship and Conservatorship Process and Timeline Process Begins When Petition is filed O.C.G.A. § 29-4-10(a). Any interested…
In M.K. v. Division of Medical Assistance, Superior Court of New Jersey, Appellate Division (2016), the Division imposed a period…
An applicant filed three Medicaid applications from February 7 through November 26, and all of them were denied for failure…
In a Memorandum decision, the Supreme Court of New York, Appellate Division, Fourth Department, held that a nursing home may…
The Arc of the United States recently posted new videos providing an Overview of Special Needs Trusts and ABLE accounts.…
Next week GPB will examine the life of a titan with a two-part American Experience, learn what made Jimmy Carter…
Registration is open for the 2021 National Conference on Special Needs Planning and Special Needs Trusts, October 13-15, 2021. It…
2022 Special Needs Planning Symposium We don't always give a shout-out for symposiums sponsored by others, but we'll make an…
In Maryland Department of Health and Mental Hygiene v. Centers for Medicare and Medicaid Services, 542 F.3d 424 (2008), the…
In Timm v. Mont. Dep’t of Pub. HHS, 2008 MT 126 (2008), Linda Timm entered the nursing home in July…
On July 1, 2021, the Biden-Harris Administration, through the U.S. Departments of Health and Human Services (HHS), Labor, and Treasury, and…
Selected articles from Current Awareness in Aging Research E-Clippings: Staff Shortages Are Hammering Long-term Care Facilities, Home Care Agencies, and…
Attorney General Chris Carr is warning Georgians about the latest version of the grandparent scam. The scam still starts with…
The Office of the Attorney General, on September 17, 2021, announced that the office’s Medicaid Fraud Control Unit has indicted…
Attorney General Chris Carr, on September 20, 2021, released an update on telecom companies’ progress in implementing the Anti-Robocall Principles…
CMS Press Release 9/21/2021 The Centers for Medicare & Medicaid Services (CMS) is making it easier to check COVID-19 vaccination…
News Sources: ThinkAdvisor, 4 Signs your Client is Ready for a Roth IRA Conversion Morningstar, The ABCs of Estate Planning…
Divorce is one of the most aggressive Medicaid planning tools. Divorce should not be approached lightly and should not be…
On September 1, 2021, the Administration for Community Living posted a guest blog titled "BE WITH: Combating Social Isolation, Loneliness,…
Ed Asner died on August 29, 2021. He is most well known for playing Lou Grant, but my personal favorite…
As you plan for your future, there are steps you can take to make life easier for yourself and your…
National Institutes of Health: The Amazing Brain: A Sharper Image of the Pyramidal Tract Administration for Community Living: DOL announced…