A pooled trust allows disabled individuals who are under age 65 to become financially eligible for public assistance, e.g. Medicaid, SSI, etc. This type of trust provides flexibility—allowing individuals to preserve their assets and monthly income necessary to pay for…
Russo Law Group, P.C. is pleased to share this article on behalf of guest author Jack Halpern. Jimmo v. Sebelius Settlement Agreement. For about 30 years, home health agencies and nursing homes that contract with Medicare have routinely terminated the Medicare…
Many times when I meet with clients to discuss Medicaid, their children come along with them. One of the most frequent questions I get asked by children is, "Well, mom put me on her checking account, so half of that is…
The power of attorney is a crucial estate planning document—it allows a third party to step in and make important financial decisions for you, if you are no longer able to make those decisions for yourself. Having a properly executed…
This past Tuesday, December 13th, the Cures Act, containing the SPECIAL NEEDS TRUST FAIRNESS ACT, was signed by President Obama and passed into law; this marks an enormous milestone for individuals with disabilities! The passage of this legislation establishes liberties for persons with disabilities which had been previously denied to them.
Many years ago, there were certain restrictions for home care. It used to be that, in a home care setting, if somebody wanted to hire help outside of an agency to care for mom and dad, that hired person could…
A frequent question I get from clients who are considering putting their house into a Medicaid Asset Protection Trust is,“If my house is in the trust, can I sell it if I so choose in the future?” First, let’s look at…
The Department of Health, overseer of the Medicaid program in New York, recently issued GIS 16 MA/010 updating the actuarial life expectancy table. “So what,” you say? Let’s say Joan is applying for Medicaid benefits and she has a retirement…
The Supplemental Security Income program, known as SSI, is a federally administered program. Unlike Medicare or Medicaid, SSI is a federal welfare program that pays monthly cash benefits to individuals who fall within 1 of 3 categories: Aged - over…
For most seniors, obtaining Medicaid to pay for nursing home care is a must. Very few people can afford to pay privately for extended long-term care, which is not covered by Medicare.
The nursing home may provide you with a list of attorneys to assist with the filing of a Medicaid application. It is suggested that you obtain three attorney references in writing.
A key question for the family to ask is: Do any of the attorneys on the list currently represent the nursing home?