Federal law, specifically 42 U.S. Code § 1396p(c)(2)(D), dictates that a state must establish procedures that allow a Medicaid applicant to receive needed care via a hardship waiver. In these cases, the applicant (or their spouse) had made a transfer during the look-back period that would otherwise incur a penalty whereas the applicant would not be eligible to receive Medicaid benefits for a certain period of time. If the applicant can show that the imposition of the penalty period would deprive the applicant of necessary medical care or the necessities of life, then the hardship waiver can be approved, allowing the applicant to get needed care immediately. Basically, the penalty period is waived if the hardship waiver is granted.

Business can become personal for entrepreneurs who own a small business. Life changes such as divorce, disability, or death can affect not only the partner but also the ownership of the business. To retain stability when major changes occur, a business should have a comprehensive buy-sell agreement in place at its outset. Because life events will undoubtedly affect your clients’ businesses, you should be aware of and avoid common drafting mistakes in buy-sell agreements. 

The road to retirement is different for everyone. Workers have many paths to help save for retirement as they travel toward the same goal. Since retirement funds are an important part of many estate plans, you should understand the most common types of retirement accounts. Read on to learn more about these accounts and their various tax implications.