Medicaid Is Under Attack!

Medicaid Is Under Attack!

Medicaid Is Under Attack! - VJ Russo Law As in years past, the government continues to look for ways to restrict Medicaid eligibility and benefits. This year has been no different. There were proposals to further restrict Medicaid eligibility and coverage. As part of the governor’s annual budget, the New York State Senate and Assembly were presented with a plan to:

  • Eliminate or reduce spousal refusal;
  • Reduce the community spouse resource allowance; and
  • Limit what services Medicaid would pay for.

Fortunately, both houses rejected these proposals. But this may not be the end of the story.

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Can I Disinherit My Spouse?

Can I Disinherit My Spouse? Eric J. EinhartUnder New York law, the answer as to whether you can disinherit your spouse is … not really.

In New York, there is something called the spousal right of election, which states that a surviving spouse has the right to assert his or her right to elect to inherit a portion of your net estate. As a result of this law, you cannot disinherit your spouse without your spouse’s waiver of this right.

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Our Knowledge Is Your Knowledge

Our Knowledge Is Your KnowledgeWhen speaking with clients about the complicated Medicaid rules, availability, and exceptions, they often reply something like, “Wow, there’s so much to know.”

Clients come to us because we know the rules, and more importantly, we know the exceptions.

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How Do I Disinherit Someone in My Will?

How Do I Disinherit Someone in My Will?Oftentimes when creating an estate plan, it is requested that a family member or friend be disinherited. There are many reasons why one would chose to disinherit someone. Perhaps the person creating the estate plan has already provided the family member or friend with gifts during his or her lifetime. Perhaps he or she wants to avoid disqualifying the person from government benefits. There might have been a falling out between the individuals. Or there might be tax reasons for wanting to disinherit.

No matter what the reason is, it is important to understand the potential pitfalls of disinheriting someone.

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Think You Have to Disinherit Your Child with Special Needs? Think Again!

Think You Have to Disinherit Your Special-Needs Child? Think Again!Many families assume it’s better to disinherit their child with special needs. Their intentions are loving—they don’t want the child to lose their government benefits as a result of inheriting; they don’t want to do their child more harm than good. They think it would be better to leave everything to their other children, trusting that those children will take care of the child with special needs.

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Understanding Medicare: The Observation Status Glitch

Are Hospitals Required to Inform Patients About Medicare Observation Status?The federal government recently addressed a very expensive glitch in the systematic treatment of patients in hospitals throughout the country, which mandates that hospitals provide notice as to a patient’s observation status.

As we discussed in our blog post on May 31, 2013, “Status Does Matter: Observation v. Admission”, there is a big problem that many Medicare recipients have been facing: patients are footing the bill. The problem is that patients are footing the bill for rehabilitation services in a skilled nursing facility when they are under the impression that these services are covered by Medicare. At the heart of the problem is that the hospital never actually admitted the patient, and coded them with a status of “under observation.”

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The Importance of the CARE Act for Caregivers

Should the Hospital Inform a Family Caregiver About Discharge?Hospitals will soon be required to provide information to caregivers about their loved one’s discharge and instructions for administering medical aftercare.

Thanks to the Caregiver Advise, Record, Enable (CARE) Act, patients in New York hospitals will be allowed to designate a caregiver in their medical record. Once the caregiver is designated, the hospital is required to inform the caregiver when the patient is to be discharged and provide the caregiver with education and instruction of the medical tasks the caregiver will need to perform for the patient at home.

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Estate Planning: Addressing the Big Picture

Often times when clients make an appointment with our law firm, they have a very specific estate planning concern or issue. They may have a particular focus in mind, such as updating a will or avoiding probate. With a plethora of details to consider, it is often challenging for individuals to adequately address all aspects of their personal “big picture”, i.e. their complete estate.

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