Elder Law

No Right to Fair Hearing Unless You Complain About SomethingNo Right to Fair Hearing Unless You Complain About Something

No Right to Fair Hearing Unless You Complain About Something

In L.U. v. Division of Medical Assistance (N.J. Superior Court Docket A-2937-20, May 23, 2023), the Superior Court affirmed denial…

2 years ago
Employees versus Independent ContractorsEmployees versus Independent Contractors

Employees versus Independent Contractors

Many families get this issue confused, but it's serious business for the IRS. In Cardiovascular Center, LLC v. Commissioner of…

2 years ago
Transfer to Trust Subject to Medicaid Transfer PenaltyTransfer to Trust Subject to Medicaid Transfer Penalty

Transfer to Trust Subject to Medicaid Transfer Penalty

In Henderson v. Dept. of Health and Human Services (May 18, 2023), a Medicaid applicant transferred significant resources, including the…

2 years ago
Selected Georgia Medicaid DecisionsSelected Georgia Medicaid Decisions

Selected Georgia Medicaid Decisions

The following Georgia Medicaid cases were litigated outside the context of an administrative hearing, or were appealed beyond that point.…

2 years ago
Callinan Letter to Kryglik – Cash Loans Must Be Legally Valid Under State LawCallinan Letter to Kryglik – Cash Loans Must Be Legally Valid Under State Law

Callinan Letter to Kryglik – Cash Loans Must Be Legally Valid Under State Law

July 18, 2011 Paul A. Kryglik, Director Office of Regulations Social Security Administration 6401 Security Blvd Baltimore, MD 21235 Re:…

2 years ago
VA Updates Adjudication Procedures Manual to Allow Payment of Claims Where Appointment of Fiduciary was Pending at Tome of DeathVA Updates Adjudication Procedures Manual to Allow Payment of Claims Where Appointment of Fiduciary was Pending at Tome of Death

VA Updates Adjudication Procedures Manual to Allow Payment of Claims Where Appointment of Fiduciary was Pending at Tome of Death

During the week of May 1, 2023, the VA updated its Adjudication Procedures Manual to clarify that a claim in…

2 years ago
2023 Georgia Medicaid Penalty Divisor Increases2023 Georgia Medicaid Penalty Divisor Increases

2023 Georgia Medicaid Penalty Divisor Increases

On May 4, 2023, the Department of Community Health announced the new state-wide average nursing facility private pay rate increased…

2 years ago
Should I remove the Nursing Home spouse’s name from accounts when there is a Community Spouse?Should I remove the Nursing Home spouse’s name from accounts when there is a Community Spouse?

Should I remove the Nursing Home spouse’s name from accounts when there is a Community Spouse?

When applying for Medicaid, the nursing home spouse (called the Institutionalized Spouse) is often a joint owner (or sole owner)…

2 years ago
State’s contigent interest in pooled trust sub-account ends when master trust retains funds, not when it uses themState’s contigent interest in pooled trust sub-account ends when master trust retains funds, not when it uses them

State’s contigent interest in pooled trust sub-account ends when master trust retains funds, not when it uses them

In the Matter of the Medical Assistance Pooled Special Needs Trust of Scott Hewitt (Iowa 2023), the State Medicaid agency…

2 years ago
IRS Notice 2023-30 – Safe Harbor Deed Language in Conservation EasementsIRS Notice 2023-30 – Safe Harbor Deed Language in Conservation Easements

IRS Notice 2023-30 – Safe Harbor Deed Language in Conservation Easements

IRS Notice 2023-30 set forth the safe harbor language for extinguishment and boundary line adjustment clauses required by y §…

2 years ago