Section Newsletter Articles on Medicare and Medicaid

Illinois Supreme Court to review the Fourth District Appellate Court’s decision in the Poindexter case By Constance B. Renzi Elder Law, December 2007 The Appellate Court of the Fourth District has recently held that the Medicare Catastrophic Coverage Act of 1988 (MCCA) neither expressly, nor implicitly preempts state spousal support statutes.
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.
The effects of the Debt Reduction Act on Medicaid By Michael C. Wiedel Trusts and Estates, November 2006 In an effort to save a little money, comparatively speaking, the U.S. Congress has sacrificed the interests of the disabled and elderly poor for more exciting ventures.
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.
Assistance with the Medicare D prescription drug program—Representatives and agents under Power of Attorney By Michael H. Erde Elder Law, February 2006 Beginning November 15, 2005 Medicare recipients were eligible to enroll in the new Medicare Part D, the prescription drug program.
Pending Illinois Supreme Court case of first impression—Medicaid estate recovery against surviving spouse’s probate estate By Steven C. Perlis Elder Law, February 2006 The Elder Law Office of Steven C. Perlis and Associates, P.C. represents the Executor as Appellee in the Illinois Supreme Court in Hines v. Illinois Department of Public Aid, 358 Ill.App.3d 225, 831 N.E.2d 641, 294 Ill.Dec. 691 (App. 3rd Dist. 2005).
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.
Medicaid lien not recoverable against spouse’s estate By Brian L. McPheters General Practice, Solo, and Small Firm, November 2005 A recent opinion, not yet released for publication, in Hines v. Department, of Public Aid ,358 Ill. App.3d 225, 831 N.E.2d 641, 294 Ill.Dec 691, 2005 WL 1218677 (Ill. App. 3 Dist.) contains a holding that is of great interest to general practitioners and any attorney dealing with probate or elder law issues.
Medicare Prescription Drug Plan: Do you have your kit? By Marc R. Miller Elder Law, November 2005 It’s here. The Medicare Prescription Drug, Improvement and Modernization Act has arrived and is being implemented.
Concierge care characteristics and considerations for Medicare Health Care Law, September 2005 Editor's Note: "Concierge care," as an emerging form of private medical practice, has generated controversy. In its August 12, 2005 report, "Concierge Care Characteristics and Considerations for Medicare, (GAO-05-929) the Government Accountability Office examined concierge care and analyzed its relationship with the Medicare program.
Limitations on community spouse assets By Edward J. Mitchell Elder Law, March 2005 The Appellate Court in the Second District recently issued an opinion in Harris v. Department of Human Services.
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.
Dealing with life insurance in Medicaid eligibility planning By Wesley J. Coulson Elder Law, June 2004 Because the Illinois Medicaid eligibility manual (PM 07-02-07) severely limits ownership of life insurance policies by a prospective applicant for Medicaid long-term care benefits, it is often necessary to divest ownership of such policies.
Medicaid application tips By Mark Haney Elder Law, June 2004 A recent encounter with a 28-year veteran DHS Intake Worker caused me to realize that it pays to know the rules when you or your assistant attends a Medicaid application interview.
What can Kansas teach us? Casenote-Beware of spousal marital rights of election By Greg Johnson Elder Law, June 2004 Testamentary trust principal can easily be considered an available asset to a Medicaid applicant if the Medicaid applicant is considered to have access to the principal because of a failure to elect a marital share.
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.