Section Newsletter Articles on Medicare and Medicaid

Judicial Medicaid Planning—Convincing the judge is easier than convincing DHS By Anthony J. DelGiorno Elder Law, October 2007 Generally, it can be presumed that senior citizens who have saved money their entire lives do not wish to see a lifetime of savings be lost because they need nursing home care.
N.Y. Court allows reformation of trust to confirm to grantor’s Medicaid planning intent By Steven C. Perlis Elder Law, May 2007 In the February 2007 issue of Elder Law Answers, the following case of note was reported:
Practice Alert: Special issues in the social security disability case—COBRA & Medicare, aka, Snake Oil Medicine By David R. Bryant General Practice, Solo, and Small Firm, March 2007 The Consolidated Omnibus Budget Amendment Act of 1985 (COBRA) added ERISA Title I, Part 6, requiring that the sponsor of a group health plan make continuation coverage available to employees, spouses, ex-spouses, dependents, and others for periods of 18 to 36 months following an event that might otherwise result in loss of coverage.
Spousal elections in Medicaid planning By Martin W. Siemer Elder Law, February 2007 Elder law practitioners experienced in Medicaid planning should be familiar with the spousal impoverishment provisions of the Medicaid program.
Introduction to OBRA ’93 Self-settled Special Needs Trusts By Heather McPherson Elder Law, May 2006 Self-settled Special Needs Trusts are an important tool to use to qualify an individual for public benefits such as Medicaid, Supplemental Security Income (SSI), or subsidized housing when he could not otherwise qualify for these benefits because his assets exceed certain threshold limits.
Elder notes Elder Law, November 2005 Small estate affidavit revision. Last year’s increase for small estate affidavits to $100,000 from $50,000 applies to all documents executed after August 6, 2004, regardless of when the decedent died, pursuant to Public Act 94-57.
Recent legislation allows reassignment of Medicare payments: Medical groups hiring physicians as independent contractors now permissible By A. Jay Goldstein, Julie Sirlin Pleshivoy, and Robert N. Kamensky Business and Securities Law, December 2004 The recent Medicare Prescription Drug, Improvement, and Modernization Act of 20031 (the "Act") does much more than establish a prescription drug benefit under the current Medicare laws and guidelines.
The use of caregiver services contracts in Medicaid eligibility planning By Wesley J. Coulson Elder Law, June 2002 It is frequently the case that before someone enters a nursing home, that person receives home care from a spouse, child, or other family member.
Victory in attempted involuntary transfer of Medicaid-pending client By Steven C. Perlis Elder Law, March 2000 Two years ago, this office took the case of a resident of a nursing home who faced a transfer despite the fact that the application for Medicaid was pending.
The pooled trust as an asset conservation/Medicaid planning tool By Steven C. Perlis Elder Law, November 1999 This author has found many occasions for bringing up the possible use of a pooled trust as a sensible strategy for nursing home residents (or others) or their family members to consider.
Department of Public Aid attempts to argue immunity from contempt proceedings for unreasonable delays in Medicaid case By Steven C. Perlis Elder Law, April 1999 On April 30, 1998, a nursing home resident filed an appeal to the Cook County Circuit Court, Chancery Division, disputing the Illinois Department of Public Aid's denial of Medicaid eligibility.