Medicaid, as opposed to Medicare, is a health insurance program, jointly funded by the state and federal governments that pays…
In State of Idaho v. Beason, 546 P.3d 684 (2024), the Medicaid agency filed an estate recovery claim in Juanita…
The Centers for Medicare and Medicaid Services launched the Guiding an Improved Dementia Experience (GUIDE) Model on July 1, 2024.…
Medicaid Post Eligibility Treatment of Income and Incurred Medical Expenses After Medicaid eligibility is established, 42 C.F.R. § 435.725 addresses…
Medicaid's Refusal to Provide 24/7 Care in the Community Might be Discrimination In Harrison v. Young (5th Cir. June 6,…
From time to time federal regulations covering nursing home quality of care are updated. Thus far, the following updates have…
Nursing homes that accept Medicare or Medicaid are required to comply with quality of care regulations. Although we have blogged…
On June 11, 2024, the Gerontologist published an article on Medicaid enrollment and Intergenerational transfers of wealth among older adults.…
Dementia affects more than 50 million people worldwide. The Virtual Dementia Tour is designed to allow participants to experience what…
In 2021, we blogged about a valuation case, Connelly v. U.S., 20 F. 4th 412 (8th Cir. 2023). We noted…
Gun trusts were developed so gun owners can pass their firearms to beneficiaries or heirs at death (or disability) without…
Sometime people want to avoid the expense of paying an attorney and they try DIY (do it yourself) fixes. Recently…
Medicaid's "Any Circumstance" Test for Trusts In case you missed the memo, Medicaid doesn't like trusts. The rules relating to…
SNT Trustee Ordered to Reimburse Some Conservator Expenses In Weidner v. Stevenson (Cal. App. 2nd Dist. May 13, 2024), Roberta…
In Agency for Health Care Administration v. Spence (Fla. App. 3rd Dist May 22, 2024) the Court of Appeals reversed…
When someone accepts the position of trustee, he (or she or it) must act for the benefit of the trust…
Long-Term Care Partnership Policies One example of good planning is purchasing long-term care insurance. The greatest risk to non-taxable estates…
In ____ v. Brock, Judge Schwall, Fulton County Superior Court), affirmed an administrative law judge's Final Decision as supported by…
On May 14, 2024, the Georgia Supreme Court entered an Order in The Matter of James W. Davis, III, disbarring…
During the 2024 legislative session, HB 1247 morphed into SB 420, which passed both houses and was signed by the…
On November 28, 2023, the IRS Office of Chief Counsel published a memorandum addressing whether modification of an irrevocable grantor…
In a Texas case decided on May 3, 2024, the Texas Supreme Court reversed the Court of Appeals and trial…
In Parker v. Louisiana Department of Health (April 30, 2024), the U.S. District Court for the Eastern District of Louisiana…
In Farmer v. Farmer (decided March 15, 2024), the Georgia Court of Appeals reversed the trial court's grant of summary…
The federal Medicaid statute authorizes the use of individual self-settled special needs trusts for individuals under the age of 65.…
If someone is receiving Medicaid and was injured through the negligence of others, Medicaid asserts a third-party claim against any…
[Note: Section 71111 of The One Big Beautiful Bill Act placed a moratorium on enforcement of the nursing home minimum…
In Creamer v. Manley, decided March 14, 2024, the Court of Appeals affirmed summary judgment upholding the validity of a…
On February 21, 2024, the Georgia Court of Appeals decided the case of In Re Estate of Anne Smith Florance.…
The Georgia Court of Appeals decided the case of In re Bessie Mae Blake on February 20, 2024. Willis Blake…
The Social Security Administration pays various benefits including retirement benefits, disability benefits and Supplemental Security Income. An overpayment occurs when…
Effective April 1, 2024, the statewide averaged nursing facility private pay rate used in determining the penalty period for institutionalized…
Recently we received a document we haven't seen before which informs Medicaid recipients that their special needs trust accounting was…
On March 27, 2024, the Social Security Administration published a final rule in the Federal Register which changes its calculation…
The following is a re-post of David E. Hultstrom's Financial Foundations April 2024. You can reach Mr. Hultstrom at 770-517-8160.…
On April 1, 2024, the Washington Post published an article titled "Algorithms guide senior home staffing. Managers say care is…
In February 2024, Justice in Aging released a new report based on California’s “performance measure” data from the state’s Medicaid…
Recently the Special Needs Alliance published a new handbook for individuals with disabilities and their advocates. The SNA states: "The…
Each year statutory provisions require the IRS to adjust tax rates based on inflation. Although we're a bit tardy posting…
Recently a notice was published concerning a class action where the Plaintiffs alleged that real estate brokers engaged in anticompetitive…
Historically, unborn embryos have not been considered children. Recently, in LePage v. The Center for Responsive Productive Medicine, P.C., the…
Guardianship Evaluation In most cases I've been involved in, the evaluator's report is stipulated into evidence or the evaluator is…
A Petition for writ of certiorari in the case of Dermody v. Massachusetts Executive Office of Health and Human Services…
On November 17, 2023, Georgia issued Manual Transmittal 71, updating its Medicaid Manual, making technical changes to the following sections.…
For many years, Genworth has produced a Cost of Care Survey tracking the cost of long-term care in America. According…
We've posted some of David Hultstrom's thoughts before and here we go again since he says "Feel free to pass…
On November 14, 2023, the Centers for Medicare and Medicaid Services announced the 2024 SSI and Spousal Impoverishment Standards. The…
Effective January 1, 2024, the federal Supplemental Security Income payment amount will increase by 3.2 percent. The amounts paid to…
Am I Eligible for Medicaid? Recently we were asked about the following fact pattern. Parent had multiple properties in different…
Georgia Adult Protective Services Authority for Adult Protective Services is found at O.C.G.A. § 30-5-1 et seq. The stated purpose…