Divorce is one of the most aggressive Medicaid planning tools. Divorce should not be approached lightly and should not be attempted without an attorney. Most Medicaid plans can be completed without the necessity of divorce. Even when divorce appears to be the answer, a simpler procedure, commonly known as a “Catholic divorce” (e.g., an action […]
TCA 30-2-310 was amended effective April 7, 2021. Tennessee Code Annotated, Section 30-2-310, is amended by adding the following as new subsection (c): (c) Notwithstanding subsections (a) and (b), § 71-5-116, and §§ 30-2-306 – 30-2-309: (1) If the bureau of TennCare receives a notice to creditors as defined in § 30-2-306(b) within twelve (12) […]
Cooperative federalism is not license to re-write clear federal rules (Co. App.) Ruth Koehler sued the Department after it terminated her benefits under its Medicaid Home and Community Based Services for the Elderly, Blind and Disabled (HCBS) program. Ruth, an elderly disabled woman, received HCBS as an alternative to nursing home care. Her husband resided […]
The Massachusetts Supreme Court recently limited Medicaid estate recovery claims to three years as discussed in the following video:
In April, 2021, Justice in Aging, the Western Center on Law & Poverty, the National Academy of Elder law Attorneys (NAELA), the National Health Law Program, and the California Association for Nursing Home Reform submitted an issue brief to Congress calling for an end to Medicaid Estate Recovery. A NAELA Press Release dated April 16, […]
The husband died six months after the decedent. The decedent had required nursing home care, and she received Medicaid assistance to pay for the care. The estate’s personal representative allowed $ 63,880 as a claim against the estate but disallowed $ 44,533. The county contended that it was entitled to full recovery because the value […]
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