In a recent case out of Massachusetts, a trial court held that MassHealth must be named the primary beneficiary on annuities purchased by the community spouse of a Medicaid applicant. Prior to this decision, practitioners relied on the Dermody decision to avoid naming the state as a beneficiary on Medicaid Compliant Annuities in Massachusetts … Continued
In a recent case out of Ohio, a Medicaid applicant was denied benefits because she owned two pieces of land valued over her resource limit. Despite being unable to sell the property, an Ohio appeals court affirmed the ruling. Let’s delve into Cowan v. Ohio Dept. Jobs & Family Servs. Read More: The … Continued
While many individuals may outlive their Medicaid Compliant Annuity (MCA) term, some may pass away before the contract term ends. So, what happens then? Well, it depends on a few important factors, including who owns the annuity, who is listed as the primary beneficiary, and what state you’re in. If you have a client … Continued
The Medicaid planning process, from developing a strategy that works for a specific case to assisting with the Medicaid application, often involves legal procedures and requires legal advice. That’s why we work specifically with attorneys on Medicaid planning cases and always recommend non-attorneys work with an attorney who is permitted to give legal advice. … Continued
In a recent case out of Minnesota, Pfoser v. Harpstead, the state Supreme Court affirmed the decision of the court of appeals, thus affirming the district court’s decision to reverse a transfer penalty imposed by the Commissioner of the Minnesota Department of Human Services on David Pfoser. Pfoser suffered from Parkinson’s disease and … Continued
When seeking Medicaid benefits, married couples have a lot to consider. Besides making sure they meet the eligibility requirements, you must also address the specific, and potentially uncommon, details of their case. For instance, you want to make sure you know about any previous care the institutionalized individual received, especially if it resulted in … Continued
If you’ve been following along with the Krause blog, you may already be aware that Michigan is a unique state in terms of how they treat transfers of assets for the sole benefit of the community spouse. In particular, the state’s Medicaid manual, the Bridges Eligibility Manual (BEM), did not distinguish between the viability … Continued
At the end of every Medicaid plan comes the Medicaid application. Although each state has its own application, the overall process for filling it out remains consistent. Let’s dig into the process of preparing and completing the Medicaid application, including the importance of full disclosure and timing. Choosing the Applicant The first step is … Continued
Do you have clients who are considering a reverse mortgage? If so, it’s important for you to understand how reverse mortgages can impact Medicaid eligibility so you can advise them accordingly. Let’s explore this estate planning product and discuss some options for using reverse mortgages while still qualifying for benefits. What is a Reverse … Continued
When spending down for Medicaid eligibility, retirement accounts can pose a problem. Although IRAs are exempt in some states, they are considered countable assets in other states. In Texas, IRAs were previously considered countable, unless the account was in an annuity, but are now exempt as long as the account owner is taking their … Continued