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).

Because of a computer error, in August 2006 approximately 230,000 people were mistakenly mailed refunds for their Medicare prescription drug benefit premiums. The Bush administration insisted that the money, which averaged $215 per beneficiary, be paid back by the end of September 2006.

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.

Abuse can come in many different types: physical, sexual, emotional or psychological, neglect, abandonment, and financial exploitation.