Blog: Medicaid

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…

Improper Transfers Can Cause Your Loved One to Be Denied Medicaid Are you a caregiver to an aging parent or grandparent? Have you quit your job in order to help care for a relative? Are you being paid for caring for an elder? If you answered ‘yes’ to any of these questions you need to…

Beware Non-Lawyers’ Advice to Obtain Medicaid and Veteran Benefits: The Unauthorized Practice of Law Recently, the Florida Supreme Court issued an opinion that identifies what actions taken by non-lawyers constitute the unauthorized practice of law (UPL). This opinion, and reporting individuals who commit UPL to The Florida Bar (TFB), will help protect the public. Be careful: there are…

This month’s ‘Tips and Tales’ focuses on what needs to be done before distributing proceeds to a client who receives Medicaid or SSI benefits. Feel free to use this checklist in your office: At inception of the lawsuit ask the client whether he/she receives Medicaid, SSI, Food Stamps, HUD housing (or other financially sensitive government benefits). Document your file. Request a copy of…

If you have followed the caselaw interpreting Ahlborn you know that it has been a long winding road with many attempts by state Medicaid agencies to access the entire settlement, not just the portion attributed to medical expenses. Most recently in 2013 Congress sought to strengthen the Medicaid third-party liability act when it passed the Bipartisan Budget Act of 2013. In section…

Monday December 15, 2014, Congress passed the ABLE Act. The goal of the ABLE (Achieving Better Life Experience) Act is to provide funding for qualified disability expenses for individuals while allowing them to receive SSI and/or Medicaid assistance, employment and money from other sources. The ABLE Act provides an account to hold assets up to…

STOP! DON’T DISINHERIT YOUR SPOUSE JUST BECAUSE THEY REQUIRE LONG-TERM CARE Today we see more chronic illnesses (i.e. Alzheimer’s disease; Parkinson’s disease; dementia) that are causing people to provide care or seek long-term care services for an incapacitated spouse.  Chronic illness can trigger the fear of impoverishment or the fear of outliving one’s money.  When…

Important Figures to Know As You Plan for 2014 Beginning January 1, 2014, several federal agencies will be providing cost of living increases to select government programs and tax related laws. Be sure you have current information before you take steps to qualify for Medicaid or, make gifts and certainly discuss it with your accountant. Here…

Several major federal agencies have announced that they are now providing federal benefits to same-sex legally married couples. Most recently, the Internal Revenue Service announced that same-sex legally married couples would receive all federal tax rights and responsibilities as provided to heterosexual couples Click here for I.R.S. Release. The best news is that these rights…

The Unauthorized Practice Of Law: Don’t Become A Victim Of Medicaid Or Veteran Benefit Planning These days scams are rampant and those who take advantage of unsuspecting consumers are very sleek in their approach. You might receive a flyer in the mail or, see a car wrapped in an patriotic-looking advertisement that says ‘qualify for…