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Have Federal Amendments Really Changed The Ahlborn Decision?

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…

Don’t Forget About Medicare: New Easy to Use Tools on CMS Website

We all know by now that we have an affirmative duty to notify CMS of the initiation of a third-party liability lawsuit as well as the settlement of that action.  Unfortunately it takes an extremely long time to get CMS to provide the amount of its conditional liability payment. A few years ago CMS announced its (delayed)…

Healthcare Decisions vs. “Death Panels”

MSN Money contributor Anthony Mirhaydari discusses the country’s debt problem as it relates to healthcare and more specifically the cost of Medicare [given the growing number of retiring baby boomers] in his article Why we need ‘death panels’. April is Healthcare Decisions month. If you haven’t already done so, we suggest that you communicate your end of life wishes…

Top Ten Reasons Why You Should Not Rely On a Facility to Qualify Your Loved One for Medicaid

Don’t be assured that a facility where you are placing your loved one can qualify him/her for Medicaid. We understand that during these economic times everyone is more cautious about spending money.  However, remember the old adage “You Get What You Pay For?”  Here is how our expert counsel can guide you through long term-care planning to Medicaid approval:…

Lessons Learned: Medical Advance Directives Following a Divorce

When people get divorced, they often think about rewriting their Last Will & Testament to remove their former spouse as a beneficiary. There are actually more issues than that which need to be addressed timely. If you are newly divorced, you should have a: 1. Written medical advance directive designating an advocate to make medical decisions 2. Designation of guardian…

Do You Have Special Needs Trust Tunnel Vision?

  The use of a special needs trust (SNT) as a planning tool to preserve settlement proceeds and maintain government benefits eligibility should not be presumed appropriate for every client. For many years there have been articles and advertising focusing on the benefits of special needs trusts.  Special Needs Trusts are, in fact, a gift given to us…

Have You Checked Your Beneficiary Designations Since Your Divorce?

Effective July 1, 2012, a new Florida law takes affect concerning beneficiary designations on employee benefit plans.  Under current law, when a divorced individual dies if their Last Will & Testament designates their former spouse as a beneficiary that provision is void. Even if a divorced individual dies without changing their Will the former spouse is treated as…