Tag: Cleveland Medicaid Lawyer

Alert! Ohio has Changed Treatment of the Home for Single Individuals!

Effective August 1, 2016, Ohio updated the administrative code and set forth updated eligibility requirements for single individuals who own a home and are seeking or already receiving long term care Medicaid.

Previously, Ohio had a 13 month exemption period. That is, for 13 months after a single individual left his home to enter a facility, the value of his home would not be deemed a countable resource for Medicaid purposes.  Ohio would also treat the home exempt if it was put up for sale with a real estate agent.  These provisions were vital for individuals with homes to obtain and maintain… Read the rest

How to Qualify for Medicaid Coverage for Long Term Care

Medicaid will cover the costs of long-term care including nursing home, assisted living or home care for those who qualify.

Eligibility Requirements:

  • Must be over the age of 65, blind or disabled;
  • Income must either be below $2,199 per month or applicant must establish a Miller Trust also known as a Qualified Income Trust;
  • Resources must be below $2,000 (effective in 8/2016) for an individual or half the amount at the Snap Shot Date, not to be below $23,844 or exceed $119,220 for a married couple.

What if My Income is Too High?

As stated above, if your income is above$2,199 per month, you can establish… Read the rest

What is a Pooled Trust? And Other Pooled Trust Questions Answered

What is a Pooled Trust?

In a pooled trust, a non-profit holds and manages disabled individuals’ assets for the benefit of the disabled individuals. The non-profit “pools” together the funds of many disabled individuals for purposes of management and investment. However, the non-profit maintains separate “accounts” for each individual.

Who Can Benefit from a Pooled Trust?

Pooled trusts benefit disabled individuals who would benefit from Medicaid coverage but have assets that exceed Medicaid eligibility guidelines. An individual’s assets can be transferred into a pooled… Read the rest

Use Caution When Signing Nursing Home Agreements

In the case of Andover Village Retirement Community v. Cole, Mr. Cole admitted his mother to a nursing home. Mr. Cole, who was his mother’s agent under her financial power of attorney, signed one agreement as a “Responsible Person” that stated in the agreement that he was not personally liable for his mother’s unpaid medical expenses. Then, Mr. Cole signed an additional agreement with the nursing home stating that he was assuming financial responsibility for his mother.

After Mr. Cole’s mother died, the nursing home sued him for unpaid expenses. The Court found that each agreement… Read the rest

Elder Abuse- What Does Ohio Adult Protective Services (APS) Do, When and How to Contact APS, and Tips for Avoiding Elder Abuse.

Adult Protective Services (APS) investigates suspected abuse, neglect or exploitation of those 60 and older. Abuse is defined as infliction upon an adult by self or others of injury, unreasonable confinement, intimidation or cruel punishment with resulting physical harm, pain, or mental anguish. Neglect is defined as the failure of an adult to provide for self the goods or services necessary to avoid physical harm, mental anguish, or mental illness or the failure of a caretaker to provide such goods or services. Exploitation means the unlawful or improper act of a caretaker using an adult… Read the rest