Section 1115 of the Medicaid statute allows sates to test new or existing ways to deliver and pay for health care services in Medicaid and the Children’s Health Insurance Program (CHIP). The home health waivers are designed to meet the needs of people who prefer to get long-term care services and supports in their home […]
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On August 13, 2024, from 3pm to 4pm ET, the Center for Medicare Advocacy is hosting a free webinar titled: Medicare 101: Where to Begin and How to Make the Most of Medicare. Understanding Medicare is important – whether you are currently enrolled in Medicare, or you may qualify in the future. This presentation will […]
Child Support for Disabled Children Over 18 Between 1993 and June 30, 2024, Georgia Courts could only award child support through age 18 in most circumstances. There was an exception allowing child support to continue through age 20 if the child was still in high school. HOWEVER, beginning July 1, 2024, that rule changed. HB […]
Award of Custody to Grandparent Overturned In Geiger v. Allmond, 371 Ga. App. 641 (May 23, 2024), the Court of Appeals reversed a trial court decision awarding custody of two minor children to their paternal grandmother. Several cases were consolidated on appeal. Ashely Geiger, the mother, appealed the award of custody to Patti Allmond, the […]
In City of Grants Pass, Oregon v. Johnson (U.S. 6/28/2024), the U.S. Supreme Court held that enforcement of generally applicable laws regulating camping on public property does not constitute “cruel and unusual punishment” prohibited by the Eighth Amendment. This decision followed the City of Grants Pass’ adoption of an ordinance restricting homeless individuals from camping […]
Mavis, who was 77, survived her husband, Jerry. She filed a Petition for Year’s Support and the Probate Court awarded her a life estate in the marital residence. Michael, one of Jerry’s children from a prior marriage, appealed. He argued that the record did not support a finding that Mavis’ economic need justified the award […]
Stetson’s College of Law announced that it will offer a graduate certificate program for Elder Law Attorneys who need tax knowledge, but not the Tax LL.M. They state: Many cases affecting clients involve tax issues. Because clients often fall in the middle class, they do not always need sophisticated tax planning. But, attorneys who represent […]
The amounts below are the estate tax exclusion amounts as provided by the IRS. Unless Congress takes action, in 2026, the exclusion amount will revert to the pre-2018 level ($5,490,000) per deceased person. You can, however, use your exemption now. On November 26, 2019, the IRS clarified that individuals taking advantage of the increased gift […]
Sometimes finding Medicaid law is tough, but we hope to give you resources here. Federal and state statutes, regulations and case law is available to subscribers of LEXIS and Westlaw. The federal statute, which is Title XIX of the Social Security Act, is at 42 U.S.C. § 1396 et seq. (the “Medicaid Act”). The federal […]
At common law there is no obligation to reimburse the government for financial support and services received while impoverished. When the Medicaid Act was enacted, Congress gave States the option of pursuing estate recovery and, until 1993, estate recovery remained optional. Now, within the parameters of the federal rule, States must pursue estate recovery (1) […]
