When Can You Delay Taking Medicare?
You are generally eligible for Medicare when you are 65. You might not want to enroll if you are working full time for a larger employer or contributing to a health savings account. However, there can be penalties if you don’t sign up at the right time. It is important to know when you can…
The SMART Ride Is Here! HIV/Aids… Has Not Left The Building
By Glen Weinzimer Did you know? New cases of HIV are on the upswing in Florida? Those at greatest risk and who are getting infected at an alarming rate are ages 18-24, and seniors? Minorities are disproportionately affected? You do not have to be gay to get HIV? You can impact change. Meet Glen Weinzimer…
Elder Law Issues Affecting People Diagnosed With Multiple Sclerosis
People diagnosed with Multiple Sclerosis, at any age, are affected by the disease on many different levels: physically, possibly cognitively in the later stage of the disease, in their close relationships and potentially their employment ability. The earlier that people create a legal plan the greater likelihood they can remain independent and autonomous in their decision-making. Individuals…
Seeking Exemption From The Medicaid Estate Recovery Lien
If you achieve a settlement or judgment for a client after the client’s death the Medicaid third-party liability lien (F.S. 409.910) must be satisfied before the proceeds are placed in the estate. F.S. 409.9101(9). The proceeds placed in the probate estate are then available to satisfy the Medicaid estate recovery lien (for benefits paid through…
Florida Court Decides Medicaid TPL Applies to Wrongful Death Case
The Fourth D.C.A. has held in Goheagan v. Perkinsthat the State can recover its Medicaid third-party liability lien in a wrongful death action because the federal anti-lien statute only applies to settlements of living Medicaid recipients. The Medicaid agency paid for approximately $95,000.00 of medical services provided to the decedent. A multi-million dollar verdict was entered against the driver…
Seeking Reduction of the Medicaid Liability Lien
Seeking reduction of the Medicaid liability lien through the administrative process mandated under Florida Statutes. If your client’s personal injury case involves a Medicaid lien as well as an ERISA lien and AHCA argues its lien should be paid in full request that the Administrative Law Judge not consider the ERISA lien as evidence of allocation of medical expenses. While…
2016 Florida Legislative Update
Congress has authorized a second extension to delay implementation of Section 211 of the Bipartisan Budget Act of 2013 through October, 2017 (HR 4302). This amends 42 U.S.C. 1396a. The act was scheduled to go into effect October, 2014. The federal act sought to repeal the successful results afforded to Plaintiffs as a result of…
Introducing our Premiere Estate Planning Program (PEPP)
We are pleased to introduce our new Premiere Estate Planning Program (PEPP) for our clients for whom we have done estate & incapacity documents. During the subscription year, the PEPP program is designed to: help you keep your plan up-to-date keep you apprised of new law changes that may affect your estate planning documents allow you the…
Ignoring the Warning Signs May Put You in Danger
By Hillary S. Josephs No, this is not the premise of a movie or novel. It is the true story of a family that could have avoided much of the emotional turmoil, possible physical harm, and the expense and loss of privacy they now have to come to terms with as they face a guardianship…
Ignoring the Warning Signs May Put You in Danger
By Hillary S. Josephs, Business Development Coordinator, Stephanie L. Schneider P.A. No, this is not the premise of a movie or novel. It is the true story of a family that could have avoided much of the emotional turmoil, possible physical harm, and the expense and loss of privacy they now have to come to…
