Elder Law

Alexander v. Choate, 469 U.S. 287 (1985)

In Alexander v. Choate, 469 U.S. 287 (1985), the State of Tennessee reduced from 20 to 14 the number of…

4 years ago

Great-West Life & Annuity Ins. Co. v. Knudson, 534 U.S. 204 (2002)

In Great-West Life & Annuity Ins. Co. v. Knudson, 534 U.S. 204 (2002), an ERISA plan bought an action to…

4 years ago

Sereboff v. Mid-Atlantic Medical Services, Inc., 547 U.S. 356 (2006)

In Sereboff v. Mid-Atlantic Medical Services, Inc., 547 U.S. 356 (2006), an ERISA Plan sued the plan beneficiaries when funds…

4 years ago

Medicaid Legal Resources

42 U.S.C. § 1396 et seq. https://www.law.cornell.edu/uscode/text/42/chapter-7/subchapter-XIX 42 U.S.C. § 1396p https://www.law.cornell.edu/uscode/text/42/1396p 42 U.S.C. § 1396r-5 https://www.law.cornell.edu/uscode/text/42/1396r-5 42 C.F.R. Part…

4 years ago
Covid 19 law sparks dialogue on nursing home alternativesCovid 19 law sparks dialogue on nursing home alternatives

Covid 19 law sparks dialogue on nursing home alternatives

"With the memory of the pandemic’s toll in nursing homes still raw, the COVID-19 relief law is offering states a…

4 years ago

In re Valerie R. Pecce Supplemental Needs Trust, 19-P-591 (Mass Ct. App. 2021)

This case presents the question whether a trust created with reference to the Federal Medicaid statutes -- the Valerie R.…

4 years ago

What the Courts have said about the Medicaid Program

Medicaid, just one of the sets of rules applicable to most older adults, is one of the most complex laws…

4 years ago

In re the Estate of: Francis E. Barg, a/k/a Francis Edward Barg, 722 N.W.2d 492; 2006 Minn. App. LEXIS 148 (Ct. App. Minn. October 17, 2006)

The husband died six months after the decedent. The decedent had required nursing home care, and she received Medicaid assistance…

4 years ago
Applicants sought MSJ and Injunction where eligibility was denied due to annuity structureApplicants sought MSJ and Injunction where eligibility was denied due to annuity structure

Applicants sought MSJ and Injunction where eligibility was denied due to annuity structure

Plaintiffs were a group of couples with one spouse in the nursing home and other spouse still in the community.…

4 years ago
Penalty is Imposed First Day of Month During or After Assets are Transferred for Less than Fair Market ValuePenalty is Imposed First Day of Month During or After Assets are Transferred for Less than Fair Market Value

Penalty is Imposed First Day of Month During or After Assets are Transferred for Less than Fair Market Value

Guardians of two nursing home residents brought suit contending that the State erred by beginning a transfer penalty on the…

4 years ago