» Medicaid

Virginia Beach, VA (Law Firm Newswire) October 28, 2016 – Under Medicaid law, there are certain security measures for the spouses of those applying for Medicaid to make certain they possess the necessary minimum support to reside in the community at a time when their husband or wife is in receipt of long-term care benefits, generally in a nursing home. The spousal protections function in the following way: if the person applying for Medicaid is married, the countable assets of both spouses are combined as of the date on which the ill spouse was admitted to either a hospital or […]


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San Francisco, CA (Law Firm Newswire) May 16, 2016 – A lawsuit filed in November 2015 alleged that the California Department of Health and Human Services has deliberately failed to prevent the illegal practice of nursing homes “dumping” Medi-Cal residents into the hospital system. Nonprofit organization California Advocates for Nursing Home Reform (CANHR) filed the lawsuit in San Francisco, California, on behalf of three nursing home residents covered by Medi-Cal. Medi-Cal is California’s Medicaid program. They alleged nursing homes refuse to readmit Medi-Cal patients after temporary hospitalization in order to make room for more private pay and Medicare patients. “Many individuals […]


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Virginia Beach, VA (Law Firm Newswire) December 21, 2015 – There are a number of options when preparing for long-term care, which will be needed by up to 70 percent of individuals age 65 or older, according to the Department of Health and Human Services (HHS). The HHS predicts that 20 percent will require long-term care for over five years. Long-term care can include 24-hour supervision or help with personal care and other responsibilities. Whatever kind of long-term care required, it is advisable to plan for one’s health and well-being long before retirement. Long-term care is usually defined as the […]


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San Francisco, CA (Law Firm Newswire) December 7, 2015 – In September, the Senate approved legislation that would allow disabled individuals to create special needs trusts for themselves. Known as the Special Needs Trust Fairness Act, the bill corrects the assumption that all people with disabilities lack the mental capacity to create their own trusts. Under the current law, special needs trusts can only be established by a disabled individual’s legal guardian, parent, grandparent or a court, even if the beneficiary is mentally competent. Those who do not have a family member or guardian are forced to petition the court, […]


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Virginia Beach, VA (Law Firm Newswire) August 25, 2015 – Filing for Medicaid can be complex, especially for people over the age of 65 and those who need long-term care. In such cases, hiring an attorney when applying for Medicaid can be important in securing coverage. “An attorney can help individuals identify which programs they may qualify for and take steps to become eligible if necessary, as well as provide assistance with the application process itself,” said Andrew H. Hook, a Virginia elder law attorney with Hook Law Center, with offices in Virginia Beach and northern Suffolk. Medicaid is the […]


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Palo Alto, CA (Law Firm Newswire) March 6, 2015 – Saving for retirement is not an easy task, but many middle-income-earning couples do manage to amass a nice nest egg. However, many of these same middle-income couples face an additional financial challenge when one spouse eventually needs nursing home care.  Substantial bills for this type of care often threaten a couple’s savings. The March issue of Financial Advisor magazine detailed one remedy for this challenge, a nursing home annuity, and it quoted Gilfix & La Poll Associates attorney Mark Gilfix concerning various aspects of this issue.   Because nursing home […]


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Moorestown, NJ (Law Firm Newswire) December 9, 2014 – For purposes of Medicaid long-term care services, New Jersey has always been an income cap state. That means that an individual’s income must not exceed 300% of the Federal Benefit Rate (FBR). Beginning January 1, 2015 that means that an individual’s monthly income cannot exceed $2,199. Historically, individuals in nursing homes were able to qualify for a “Medically Needy” program to spend their income down and qualify for Medicaid. Individuals requiring care in assisted living or at home were not eligible for the Medically Needy program and could not become eligible […]


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MELBOURNE, FL (Law Firm Newswire) October 27, 2014 – InterActive Legal™, publisher of the flexible and intuitive Wealth Transfer Planning™, authored by Jonathan G. Blattmachr and Michael L. Graham, has released the latest edition of its planning solution for attorneys who practice Elder Law, Elder Law Planning™ 2.0 (ELP 2.0). This release features a large array of useful, thoughtful and effective tools to handle Elder Law engagements that involve both crisis and advanced planning. Included in this offering are: 1. Improved Medicaid qualification and asset protection analysis 2. Client communication letters including documents designed to share proposals for legal strategies […]


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Virginia Beach, VA (Law Firm Newswire) August 5, 2014 – With careful financial planning, many people are able to enjoy a comfortable retirement and leave a substantial estate to their heirs. But one often-unconsidered factor has the potential to add a large additional expense to the balance sheet: the possibility that one will require long-term care in a skilled nursing facility. According to the Centers for Medicare and Medicaid Services, most people over age 65 will require long-term care services of some type in their lifetime, and 40 percent will require nursing home care for some period of time. Many […]


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White Plains, NY (Law Firm Newswire) May 1, 2014 – The assistance of an elder law attorney when applying for Medicaid is essential to make sure that your interests and assets are protected. Many people think of Medicaid as a service that is only for the poor, but it has also become the default method for many people to pay for long-term care, such as one receives in a skilled nursing facility. There are income and asset limits that need to be met to be eligible for Medicaid, but there are legal strategies that can be used to protect some […]


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Southfield, MI (Law Firm Newswire) April 4, 2014 – This shocking case involves a man on the operating table for open-heart surgery. His surgeon left before closing, designating someone else to finish. “This case is hard to get your head around,” says Darren Monroe, of Litigation Funding, Michigan. “It’s difficult to understand why a surgeon would walk away from an operation and hand over closing the open chest to an inexperienced junior physician.” In this case, a Fresno, California cardiologist did just that – walked out of an OR before cardiac surgery was done. The medical negligence lawsuit alleges that […]


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Tampa, FL (Law Firm Newswire) February 25, 2014 – Medicare is preparing to crack down on “pill mill” doctors and others who improperly prescribe drugs. The U.S. Centers for Medicare and Medicaid (CMS) released a proposed rule that, for the first time, would allow regulators to ban doctors who write harmful or fraudulent prescriptions from participating in Medicare. “In Florida, we have seen the substantial impact that common-sense reforms have on pill mills,” said Tampa pill mill attorney Robert Joyce. “In 2011, we implemented strict new controls on dangerous narcotic painkillers. Most doctors cannot dispense these drugs from their offices, […]


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Virginia Beach, VA (Law Firm Newswire) January 23, 2014 – Prospects for Medicaid expansion in Virginia got a boost in the recent gubernatorial election, but they are still far from definite. Democrat Terry McAuliffe won the November 2013 election after campaigning on a promise to support the expansion of Medicaid spelled out in the Affordable Care Act (ACA) or “Obamacare.” But his role will, for the most part, be limited to the bully pulpit, urging state legislators to adopt the optional low-income health care expansion. “Expanding Medicaid would greatly help many elderly and low-income individuals and families in Virginia,” said […]


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Tampa, FL (Law Firm Newswire) January 21, 2014 – The 21st International Day of Persons with Disabilities comes without the passage of a key treaty. December 3, 2013 marked the 21st anniversary of the International Day of Persons with Disabilities. The Day was initiated by the United Nations, and it seeks to raise awareness of people with disabilities across the globe. It draws focus to the issues they face and promotes the discovery of new ways to remove some of the obstacles that they attempt to overcome in society. On a global level, the sheer number of people with disabilities […]


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White Plains, NY (Law Firm Newswire) November 22, 2013 – A bill to restore $90 million in funding for services for people who are developmentally disabled was passed by the New York State Legislature and signed into law by Gov. Andrew M. Cuomo. The bill was sponsored by Assemblyman Harvey Weisenberg, D-Long Beach, who has an adult son who is disabled and Sen. Martin Golden, D-Brooklyn. The legislation was in response to Gov. Cuomo’s 2013-14 budget proposal, which called for cuts to the state Office for People with Developmental Disabilities. Gov. Cuomo said the cuts were enacted after the federal […]


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White Plains, NY (Law Firm Newswire) October 16, 2013 – The Down Syndrome Association of Hampton Roads has asked Jenny Hatch to be its grand marshal for its annual awareness 5K run and walk this October. Ms. Hatch, they say, has become a symbol of hope. Ms. Hatch has also received numerous speaking invitations from different organizations. Why all of the attention? Ms. Hatch, a 29-year-old Virginia woman who has Down syndrome, was part of a landmark rights case for people with disabilities. Ms. Hatch found resolution after an unusually long guardianship case while a judge weighed a request from […]


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Virginia Beach, VA (Law Firm Newswire) October 7, 2013 – Stiff penalties for careless Medicaid planning make it necessary for families to form a proper strategy many years ahead of time. Medicaid provides health care for those with little assets or income and is the most popular way to pay for long-term nursing home care. Long-term care is very expensive, making Medicaid the only option for many families who need it, but qualifying for Medicaid usually requires very low asset levels. As Virginia elder law attorney Andrew Hook explains, this can lead families to make missteps with severe consequences. “A […]


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Waxahachie, TX (Law Firm Newswire) September 23, 2013 – There are many elder care options available for an older parent in declining health. When an elder begins to need additional care, the question of how to provide it can seem overwhelming for the adult children who often take on the responsibility. While there are several options for elder care, there is no one simple answer, according to Waxahachie elder law attorney John Hale. “The choice you make for elder care depends on individual circumstances,” said Hale. “Some factors you will need to consider are whether the home is still safe […]


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White Plains, NY (Law Firm Newswire) August 23, 2013 – Though a diagnosis of Alzheimer’s can distress a patient and their loved ones, elder care advocates indicate it is critical they immediately begin advance planning for financial arrangements and health care. Alzheimer’s is a progressive disease of cognitive decline, but it can last for many years. Putting plans into place early can help make a significant difference in how that time can be spent. If someone suspects that there are memory issues or other cognitive concerns, they should see a neurologist, geriatric assessment clinic or memory clinic for testing. If […]


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Virginia Beach, VA (Law Firm Newswire) July 4, 2013 – A pilot program to reform Medicaid in Virginia was recently approved by federal health care regulators. The three-year program will affect over 78,000 Virginians who are eligible for both Medicaid and Medicare – so-called “dually eligible” individuals. It is a crucial first step in reforms state lawmakers are requiring before they will expand Virginia’s Medicaid program under the Affordable Care Act. “This program affects some of Virginia’s most vulnerable citizens,” said elder law attorney Andrew Hook. “If it can provide them with better access to health care while also creating […]


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