Residence in Nursing Home not sufficient to defeat claim for Elective Share
The Medicaid program determines eligibility for a married applicant based on the amount of resources owned by the applicant and his spouse. If the community spouse dies first, the program will count as a resource the amount of assets that the surviving spouse is entitled to receive from the Estate to satisfy his claim for the “elective share.” If the individual fails to pursue his...
County Medicaid Agency Backs Off – Small Business Saved
Recently, a senior client who had a very small business that he ran by himself came to see me in a panic. He was just making ends meet. His spouse had been on Medicaid in a nursing home for several years, but the county board of social services was now questioning the nature of the business and whether it was a countable resource that should have been spent down. They were going to...
HIPAA forms that help your helpers to help you with your health care
To make sure that your personal health care advocates can have access to your Protected Health Information (“PHI”) and your treating health care personnel, it’s particularly important that you sign HIPAA authorization forms and put them into the chart at the hospital, clinic, rehab center, nursing home or doctor’s office. Our practice is to provide these forms when our...