On April 26, 2021, in a letter to Senators Brown, Casey, Hassan, and Representative Dingell, the National Academy of Elder Law Attorneys (NAELA) commented on the Home and Community-Based Services (HCBS) Access Act. Among other comments, NAELA supported the proposal’s expansion of the criteria for being medically eligible for Medicaid HCBS. One suggestion was including […]
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Video from Pixorize describing Medicare and Medicaid as two different healthcare programs with different functions and beneficiaries.
The Massachusetts Supreme Court recently limited Medicaid estate recovery claims to three years as discussed in the following video:
The Kaiser Family Foundation published a fact sheet indicating that Medicaid spending is concentrated on the elderly and individuals with special needs. “Seniors and people with disabilities make up 1 in 4 beneficiaries but account for almost two-thirds of Medicaid spending, reflecting high per enrollee costs for both acute and long-term care.” “Medicaid is low-cost […]
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, […]
In 2012, PBS interviewed Phil Galewitz of Kaiser Health News. At that time, he said Medicaid consumes 10% of the federal budget and about 25% of each State’s budget. In that regard, not much has changed. If a State wants to cut taxes, or expand other programs, the Medicaid program is an easy target for […]
In Alexander v. Choate, 469 U.S. 287 (1985), the State of Tennessee reduced from 20 to 14 the number of inpatient hospital days it would reimburse for Medicaid beneficiaries. A class action was brought under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), claiming the limitation would have a disproportionate effect […]
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 431 https://www.law.cornell.edu/cfr/text/42/part-431 42 C.F.R. Part 435 https://www.law.cornell.edu/cfr/text/42/part-435 42 C.F.R. Subchapter C https://www.law.cornell.edu/cfr/text/42/chapter-IV/subchapter-C 20 CFR 416.1110 et seq. (SSI – Income) https://www.ssa.gov/OP_Home/cfr20/416/416-1100.htm 20 CFR 416.1201 et seq. (SSI – Resources) https://www.ssa.gov/OP_Home/cfr20/416/416-1201.htm Program Operations Manual System https://secure.ssa.gov/apps10/ […]
“With the memory of the pandemic’s toll in nursing homes still raw, the COVID-19 relief law is offering states a generous funding boost for home- and community-based care as an alternative to institutionalizing disabled people.” However, funding for the current bill is temporary, “raising concerns it will have just fleeting impact…” For the full story, […]
Medicaid, just one of the sets of rules applicable to most older adults, is one of the most complex laws ever enacted. Even Judges have difficulty understanding it. What follows are a few quotes from court decisions: “The Social Security Act is among the most intricate ever drafted by Congress. Its Byzantine construction, as Judge […]