Medicaid Book – Georgia

Medicaid matters to elders and individuals with special needs because it is the only government program providing substantial help paying for significant long-term care. Yes, some long-term care is paid for by Medicare, but only when there is a skilled need, and usually limited to no more than 100 days. Although anyone accessing this website can view The Medicaid Book, it is primarily intended for attorneys and other professionals interested in understanding Medicaid. We have other pages on this website written in more general terms for non-attorneys. These materials are presently being updated and chapters will be published as they become available. Once that is done, we will attempt to keep them as current as possible. If you have any questions, suggestions or corrections regarding the content, please refer them to david@ezelderlaw.com.

Resources:

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News Roundup 1-21-2022

General News Sources: Oldest person in the US reportedly dies at 115 Supreme Court declines to hear case of Delphi retirees over lost pensions Big pensions are nearly 100% funded, the healthiest they’ve been since 2008 financial crisis Pre-tax vs. Roth 401(k): There’s more to consider than you think Widow’s dilemma: When to claim Social […]

Gross Income Used to Determine Whether Qualified Income Trust is Necessary (Ohio)

In Merritt v. Ohio Department of Job and Family Services, Case No. CA2021-04-044 (12/27/2021), Jerome Merrit applied for Ohio nursing home Medicaid. His son, Glenn Merritt, arranged for Jerome’s admission to Heritagespring of West Cherster, using his healthcare and general power of attorney. The nursing home applied for Medicaid, but told Glenn that Jerome must […]

Tenncare Notices

The following notices are routinely included with other correspondence from Tenncare. Below are Tenncare’s notices regarding: (1) Estate Recovery, (2) Qualified Income Trusts, and (3) Reporting changes to Tenncare.

Georgia Medicaid Estate Recovery Changes

As of December 21, 2021, Georgia has changed its Estate Recovery Program rules under Title 49 O.C.G.A. § 49-4-147.1. This change is effective July as of July 1, 2018.

Georgia Medicaid Renewals Extended Again

As of December 15, 2021, Georgia Medicaid renewals have been extended again due to Covid-19.

News Roundup – December 16, 2021

General Sources: Autism Society’s Capital Connection 12-16-2021 (reviewing Build Back Better Act) National Health Care Spending in 2020: Growth Driven by Federal Spending in Response to Covid-19 (Health Affairs) House Advances Build Back Better Act (Health Affairs) Indirect Gift Tax Considerations for 2021 (The Tax Advisor) Smart moves to make with your retirement portfolio before […]

2022 Spousal Impoverishment Standards

The standards for the 2022 Community Spouse Resource allowance and Community Spouse Monthly Income Allowance have been updated in the document below:

Medicaid Liens Revisited: Gallardo v. Marstiller

A new Medicaid lien case is pending in the U.S. Supreme Court. The question presented is “[w]hether the federal Medicaid Act provides for a state Medicaid program to recover reimbursement for Medicaid’s payment of a beneficiary’s past medical expenses by taking funds from the portion of the beneficiary’s tort recovery that compensates for future medical […]

Right to Nursing Home Records and Medical Information

Nursing home residents and their personal representatives have a right to stay informed regarding their condition and their care. 42 CFR § 483.10(g) provides: (1) The resident has the right to be informed of his or her rights and of all rules and regulations governing resident conduct and responsibilities during his or her stay in […]

Form: Patient Liability Worksheet

The worksheet below is not intended as a substitute for legal advice. It requires an understanding of the Medicaid budgeting process in the State where the applicant is applying for Medicaid. However, if the user knows how that process works, then this worksheet is designed to provide a “quick and dirty” estimate of the patient […]

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