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In February 2024, Justice in Aging released a new report based on California’s “performance measure” data from the state’s Medicaid assisted living program. Aging in Justice concluded that the quality of care measures provide no meaningful information. A perfect score tells you nothing about the quality of care residents receive. The report concludes that the […]

Recently the Special Needs Alliance published a new handbook for individuals with disabilities and their advocates. The SNA states: “The intent of this handbook is to explain some of the terms related to services and supports for people with disabilities, to introduce the process of transitioning from child services to adult services, and to provide […]

Each year statutory provisions require the IRS to adjust tax rates based on inflation. Although we’re a bit tardy posting the numbers, here are the ones that matter most for our purposes. Gift Tax Annual Exclusion: $18,000 per recipient or $36,000 per recipient for a married couple. This is not a limit on gifting, but […]

Recently a notice was published concerning a class action where the Plaintiffs alleged that real estate brokers engaged in anticompetitive practices, essentially violating federal antitrust law. This, by the way, is the law that broke up Ma Bell and gave us dozens of different phone providers. The case is Burnett et al. v. The National […]

Historically, unborn embryos have not been considered children. Recently, in LePage v. The Center for Responsive Productive Medicine, P.C., the Alabama Supreme Court found otherwise. Ordinarily this would not be an “elder law” issue, but the law considers unborn children to be potential heirs of an estate. For example, O.C.G.A. § 53-2-1(b)(1) provides: Children of […]

Guardianship Evaluation In most cases I’ve been involved in, the evaluator’s report is stipulated into evidence or the evaluator is called as a witness. The reason is that the report cannot be cross-examined so the thought was that it’s subject to a hearsay objection. A recent case taught me otherwise (at least in Georgia). In […]

A Petition for writ of certiorari in the case of Dermody v. Massachusetts Executive Office of Health and Human Services is pending in the U.S. Supreme Court. The issue is “Whether an annuity that satisfies the condition in 42 U.S.C. § 1396p(c)(2)(B)(i) determining the Medicaid eligibility of a married institutionalized person must name the state […]

On November 17, 2023, Georgia issued Manual Transmittal 71, updating its Medicaid Manual, making technical changes to the following sections. The following sections were updated: 2054 – Emergency Medical Assistance 2060 – ABD Medicaid Application Processing 2101 – ABD Medicaid Classes of Assistance Overview 2111 – SSI Medicaid 2135 – Hospice Medicaid 2143 – QMB […]

For many years, Genworth has produced a Cost of Care Survey tracking the cost of long-term care in America. According to the survey, the projected national monthly median costs will be as follows: Homemaker Services: $5,417 Home Health Aide: $5,625 Adult Day Health Care: $1,847 Assisted Living  Facility: $4,917 Nursing Home Semi-Private Room: $8,641 Nursing […]

We’ve posted some of David Hultstrom’s thoughts before and here we go again since he says “Feel free to pass this along.” The following, from his November, describes why he doesn’t try to predict movement in the financial marketplace: You may have noticed that I rarely comment on the market or economy in this monthly […]

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