Another Budget Bill Behind Us
A very strong effort was made this year by the New York State Bar Association (NYSBA) Elder Law Section to combat proposed cuts that would adversely affect our seniors and those with disabilities. The following are two provisions that were in the original proposed Budget Bill.
Part D Recipients Must Repay Mistaken Refunds - Second Court Ruling
A federal appeals court has again ruled that 230,000 Medicare Part D beneficiaries who were erroneously mailed a premium refund do not have the right to apply for a waiver excusing them from repaying the money. Action Alliance of Senior Citizens v. Sebelius (D.C. Cir., No. 09-5191, June 18, 2010).
Surrogate Decision Making Comes To New York
The Family Health Care Decisions Act became New York Law on March 16, 2010. The new law covers New York residents (other than the developmentally disabled and the mentally retarded who are covered under a different statute) who lack the capacity to make health care and end of life decisions for themselves, even if such individuals previously had capacity but never expressed their wishes in a health care proxy or living will. This new law was 17 years in the making.
When faced with the possibility of penalizing an ill father for paying for the joyous wedding of his daughter, HRA approved the Medicaid application. Recently a wife sought our advice in obtaining Medicaid nursing home care for her ailing husband. While we were discussing their various assets and transfers it was discovered that only months prior to being diagnosed as terminally ill, the applicant had paid for his daughter's wedding to the tune of approximately $50,000. With the possibility that we may need to go to a fair hearing to have a judge decide their fate, the wife retained our law firm.
We recently received an approval on this application after months of gathering voluminous documentation. We took the position that this was not an uncompensated transfer. Having been shown receipts that all of the wedding expenses were paid directly by the father, HRA did not hesitate to approve this application without a Medicaid transfer penalty.
Congratulations to my associate, Deanna Eble, for the preparation and filing of the Medicaid application and her good work in getting it approved.
Should you give away your nest egg to your heirs – and then stick Medicaid with your nursing-home tab when the time comes? Outrageous though it might seem, it is a perfectly legal estate-planning strategy.
Inside The Medicaid Look Back Period
When faced with the possibility of penalizing an ill father for paying for the joyous wedding of his daughter, HRA approved the Medicaid application. Recently a wife sought our advice in obtaining Medicaid nursing home care for her ailing husband.
