The Intersection of Elder Law and Medicaid Eligibility

By Jill Roamer, JD, CIPP/US on Mar 30, 2023 9:38:00 AM

The Intersection of Elder Law and Medicaid Eligibility

Elder law is an area of legal practice that focuses on the needs and challenges faced by seniors. One important issue that falls under this category is nursing home Medicaid eligibility. Medicaid is a government-funded healthcare program that provides medical assistance to certain populations, and it can be a crucial resource for seniors who require long-term care in a nursing home. However, Medicaid eligibility can be a complex and confusing process, particularly when it comes to nursing home care.

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What is a Medicaid Family Protection Trust?

By Jill Roamer, JD, CIPP/US on Mar 23, 2023 9:32:00 AM

What is a Medicaid Family Protection Trust Blog

If you are an avid user of Elder Docx, WealthCounsel’s state-of-the-art document drafting software, you’ve probably drafted a Medicaid Asset Protection Trust (MAPT). The MAPT is an irrevocable trust that protects assets from being counted for long-term care Medicaid eligibility. But did you know that the MAPT has a cousin, the Medicaid Family Protection Trust (Family Trust)?

The Family Trust, like the MAPT, protects assets from being counted for long-term care Medicaid eligibility. But, the Family Trust has also been designed to achieve optimal asset protection for both the grantor and beneficiaries. How is this asset protection achieved?

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What Does the End of the Public Health Emergency Mean for Seniors?

By Jill Roamer, JD, CIPP/US on Mar 14, 2023 9:27:00 AM

What Does the End of the Public Health Emergency Mean for Seniors_

President Biden announced that the official Public Health Emergency (PHE) caused by COVID-19 will end on May 11, 2023.   What are the ramifications of this change for seniors?

1. Return of Medicare’s three-day rule

Medicare has a three-day rule that is the source of angst for patients and care facilities alike. The rule states that Medicare would pay for a patient’s stay in a nursing home only if the patient was admitted to the hospital for three days prior to the need for nursing home care. (Last year, the ruling in Barrows v. Becerra finally gave patients appeal rights for their observation status in the hospital.)
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