Medicare covers the cost of skilled nursing for twenty days and then eighty additional days on a co-payment basis for a total of one hundred days of coverage. However, sometimes a patient will be told by a facility that they do not qualify for skilled nursing under Medicare and that their benefits are being terminated early.
What is the appropriate standard for terminating coverage?
An important court decision was made in January 2013 in the Vermont case of Jimmo v. Sebelius. In that case, a lawsuit was settled between the Center for Medicare Advocacy (CMA) and Medicare contractors which dealt… Read the rest
Cleveland Elder Law Lawyer Elizabeth L. Perla to Speak at Orange Senior Center on April 28, 2017 at 11 am on Legal Issues Affecting Seniors. How do you get the support you need without giving up your autonomy? What legal documents should you have in place? How will you pay for your long-term care needs? Elder law attorney Elizabeth Perla will touch on the major legal areas affecting senior. Bring your questions and get informed!… Read the rest
Previously, the purchase of an Annuity by a married couple after the date the spouse needing long term care entered a nursing home, hospital or other institution but before the Medicaid eligibility determination date, was treated as an improper transfer if the purchase price was above the amount permitted to be kept by the healthy spouse. New Medicaid rules allow for the purchase of an annuity above the amount customarily permitted to be kept by the healthy spouse during this window of time, as long as it meets Ohio Medicaid Annuity requirements.
Annuities can be a wonderful Medicaid planning… Read the rest
Caring for an elderly loved one is one of the hardest jobs in the world. Beyond the physical care that must be performed, you also have to practically become an expert in medical care and equipment, pharmaceuticals, and the like. How to pay for medical care is also an issue that should be on your radar. The purpose of this Medicaid Planning Guide is to provide you with an easy to understand guide to Medicaid and how it relates to you the Caregiver and the person you are caring for, who I refer to as the Caregivee.
What is Medicaid?
Medicaid is a health insurance program funded with state and federal… Read the rest
I was just reading a national long-term care website advocating the use of annuities for Medicaid planning purposes. The website stated that in the case of a married couple, where the institutionalized spouse (that is the one in a long-term care facility) has been approved for Medicaid, instead of spending down his spousal share, he can simply give the money to his wife and have her purchase an annuity for her benefit.
This assertion is false in Ohio and provides a powerful example of how important it is to consult with an attorney knowledgeable in Ohio Medicaid law before proceeding with any … Read the rest