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Full-Text Articles in Law
Observing Observational Status -- Auditors And Inequities
Observing Observational Status -- Auditors And Inequities
Marquette Elder's Advisor
No abstract provided.
Disclaimer And Elective Share In The Medicaid Context, Cynthia L. Barrett
Disclaimer And Elective Share In The Medicaid Context, Cynthia L. Barrett
Marquette Elder's Advisor
Disclaimers of inheritance must be handled with care to ensure that they do not harm the long-term benefits provided by the federal Medicaid program. This article explores recent developments in Medicaid law, some disclaimer situations in practice, and effects of forced elective shares on Medicaid benefits. This article also discusses various means to plan for Medicaid, including the use of a Special-Needs Right-of-Election Trust.
Ethical Issues In Medicaid Planning, C. Michael Shallowy
Ethical Issues In Medicaid Planning, C. Michael Shallowy
Marquette Elder's Advisor
This article presents the importance of understanding the fairness exceptions to Medicaid. The elderly appear to have a general discomfort with getting something for free. Medicaid is a government program that almost all elderly individuals have contributed to over their life times. This article argues that Medicaid can reduce the psychological harm associated with the need for long-term nursing care.
Finding Internet Sites On Elder Issues: Health And Human Services, Robin C. Schard
Finding Internet Sites On Elder Issues: Health And Human Services, Robin C. Schard
Marquette Elder's Advisor
Have you ever heard the term information over load? Do you feel it every time you try to find an exact piece of information on the Internet? Here's the place to start.
The Use Of Special Needs Trusts In The Settlement Of Personal Injury Cases, Roger M. Bernstein, Margrit S. Bernstein
The Use Of Special Needs Trusts In The Settlement Of Personal Injury Cases, Roger M. Bernstein, Margrit S. Bernstein
Marquette Elder's Advisor
This article explores the ins and outs of special needs trusts, which can offer your client improved protection against the loss of public benefits. These narrowly defined, specific trusts can help to avoid disqualification from Medicaid.
Handling Tort Recoveries For Persons Over And Under Age 65, Cheryl C. Mitchell, Ferd H. Mitchell
Handling Tort Recoveries For Persons Over And Under Age 65, Cheryl C. Mitchell, Ferd H. Mitchell
Marquette Elder's Advisor
Winning the case is only the first step in creating a satisfactory outcome for an injured elderly or disabled individual. Myriad rules pertain to the distribution of the award and distribution arrangements may affect current and future eligibility for programs such as Medicaid and SSI.
Spousal Refusal: Preserving Family Savings By "Just Saying No" To Long-Term Care Impoverishment, Scott M. Solkoff
Spousal Refusal: Preserving Family Savings By "Just Saying No" To Long-Term Care Impoverishment, Scott M. Solkoff
Marquette Elder's Advisor
This is a case study of an elderly couple who executed a pre-nuptial agreement to keep their assets separated. When the husband required long-term care, the state required the assets of both to be considered in determining Medicaid eligibility. This article explores the effect and applicability of the Just Say No rule and the difficulty of preserving the assets of the non-institutionalized spouse.
Naela White Paper On Long-Term Care Reform
Naela White Paper On Long-Term Care Reform
Marquette Elder's Advisor
The current system for addressing long-term care is a non-system. It is a hodgepodge of services that fail to meet its intended needs and is economically inefficient. This White Paper analyzes the problems and proposes recommendations to serve as policy solutions for citizens and government
Be Careful What You Wish For: The Maryland Medicaid Waiver Experience, Jason A. Frank
Be Careful What You Wish For: The Maryland Medicaid Waiver Experience, Jason A. Frank
Marquette Elder's Advisor
No abstract provided.
State Court And Administrative Medicaid Litigation-A Case Study, Steven C. Perlis
State Court And Administrative Medicaid Litigation-A Case Study, Steven C. Perlis
Marquette Elder's Advisor
The article examines a case study discussing an elderly couples access to Medicaid. The case was created to determine whether to approve the elderly couples Medicaid request.
A Medicaid Long-Term Care Eligibility Primer: Basic Eligibility Rules
A Medicaid Long-Term Care Eligibility Primer: Basic Eligibility Rules
Marquette Elder's Advisor
Determining Medicaid eligibility for elders who need nursing home care is central to the practice of elder law. The purpose of various Medicaid rules, which vary from state to state, can seem incomprehensible- even for those who provide excellent Medicaid planning services.
Private Sector Long-Term Care Planning, Timothy M. Vogel
Private Sector Long-Term Care Planning, Timothy M. Vogel
Marquette Elder's Advisor
America's long-term care future is fraught with risks and opportunities for a better old age. Elder law attorneys and financial professionals who understand this complex and evolving world will better serve their older clients. This author draws upon his forthcoming book to answer key questions about professional planning that will harness clients' resources to achieve private sector choice in long-term care
Employment Tax Issues In Home Health Care Contracts, Ben A. Neiburger
Employment Tax Issues In Home Health Care Contracts, Ben A. Neiburger
Marquette Elder's Advisor
Seniors may receive care for which they pay the provider without realizing the tax implications if they are deemed the employer of the provider. Neiburger discusses the sometimes confusing differences between and independent contractor and an employee, and the various taxes and penalties, both federal and state (Illinois as an example) for which employers are responsible.
Court Approval Of Medicaid Spend-Down Planning By Guardians, Linda S. Ershow-Levenberg
Court Approval Of Medicaid Spend-Down Planning By Guardians, Linda S. Ershow-Levenberg
Marquette Elder's Advisor
This article discusses In re Keri, which was decided by the New Jersey Supreme Court in 2004. The topics explored include that a P.O.A. in itself may not be sufficient to allow gifting; a guardianship may be required. The difference between gifting for retirement planning or enhancing Medicaid eligibility is discussed, as well as court cases from several jurisdictions.
Essay: The Re-Tooling And Re-Telling Of The Social Security, Medicare, And Medicaid Programs: Will We Retain The Sixty-Year-Old Values Of A "National Community" Or Begin With A "Clean Slate?", Stephanie Sue Stein
Marquette Elder's Advisor
This essay focuses on the change taking place in America's attitude towards major social programs that benefit the elderly. Stein suggests that reforming these programs reverses the concept of the national community providing for the needs of the elderly to letting people decide how best to provide for themselves in retirement, to the detriment of many of our most needy and vulnerable elderly.
Elder Law And Estate Planning For Gay And Lesbian Individuals And Couples, Ralph Randazzo
Elder Law And Estate Planning For Gay And Lesbian Individuals And Couples, Ralph Randazzo
Marquette Elder's Advisor
This comprehensive article discusses the unique problems in estate planning encountered by gays and lesbians. Among the items explored are joint representation, advance directives, guardianship, long-term care planning and insurance, Medicare and Medicaid planning, nursing home care, exempt transfers, wills, revocable trusts, gift taxation, and the unique problems encountered which counselors must consider when representing gay and lesbian clients.
Choices For Care: Consumer Choice And State Policymaking Courage Amid Medicaid's Shifting Entitlement To Long-Term Care, Tracy Bach
Marquette Elder's Advisor
This author addresses questions about the efficacy of Choices for Care (CFC), a Section 115 waiver program that allows Vermont to encourage Medicaid-eligible state residences to receive long-term care in their homes rather than nursing homes. The article addresses questions about CFC's impact on Medicaid recipients who need skilled nursing care. It also addresses questions concerning the program's cost effectiveness, and whether CFC has created additional costs. Finally, the article addresses the question of whether CFC will radically change long-term care and influence other states.
Fillial Responsibility: A Survey Across Time And Oceans , Andrea Rickles-Jordan
Fillial Responsibility: A Survey Across Time And Oceans , Andrea Rickles-Jordan
Marquette Elder's Advisor
In the United States, Medicare and Medicaid are helping fund the cost of caring for the elderly. However, long before these programs existed, several states enacted statutes requiring children to care for their elderly parents. These filial responsibility statutes still exist in many states today, although their effectiveness and use has been called into question by opponents. To understand the current need for these statutes, this article first looks at the reasons the statutes were created. The article then follows their growth throughout the history of the world and the United States. As further means of comparison, the article examines …
Narrowing Medicaid's Ltc Coverage? The Inplications Of The Dra's Home And Community-Based Care Benefit , Gene Coffey
Narrowing Medicaid's Ltc Coverage? The Inplications Of The Dra's Home And Community-Based Care Benefit , Gene Coffey
Marquette Elder's Advisor
The first section of the article reviews the knowledge required to qualify for various levels of individual licensing. The second section of the article provides an overview of the financial products available in the market and attempts to analyze where the failures in investor knowledge are most apparent.
What Is Wrong With The Long-Term Care Reforms In The Defecit Reduction Act Of 2005? , Ellen O'Brien
What Is Wrong With The Long-Term Care Reforms In The Defecit Reduction Act Of 2005? , Ellen O'Brien
Marquette Elder's Advisor
Cutting Medicaid is unlikely to substantially increase private sources of long-term care financing, and future financing reform needs to focus on the actual flaws in the current means-tested system of long-term care financing. In order to make this argument, this article briefly describes the goals of the DRA and the policy reforms that seek to limit eligibility for the middle-class elderly. Next, the article draws on a wide range of empirical studies conduct over the past two decades to demonstrate that the impact of Medicaid planning is not quantitatively significant, and that by and large, the elderly assume substantial personal …
State Implementation Of The Optional Provisios Of The Deficit Reduction Act , Julia Belian
State Implementation Of The Optional Provisios Of The Deficit Reduction Act , Julia Belian
Marquette Elder's Advisor
No abstract provided.
Reality Check: The Dra's Impact On Seniors With Disabilities And Their Caregivers , Kim Dayton
Reality Check: The Dra's Impact On Seniors With Disabilities And Their Caregivers , Kim Dayton
Marquette Elder's Advisor
This article discusses the hardships on seniors with disabilities who are unable to qualify for Medicaid under the Deficit Reduction Act of 2005. The author argues for the repeal of the DRA and calls for policymakers and politicians to work towards a long-term care financing scheme that fairly distributes the costs of long term care across the broader population. The author begins by laying out the arguments that the nation cannot afford the cost of long-term care for the elderly and disabled, their entitlement to such care should be minimized, and individuals should plan for their own healthcare. The author …
Long Term Care In The Political Balance , Alison Barnes
Long Term Care In The Political Balance , Alison Barnes
Marquette Elder's Advisor
This article is a compilation of various observations from presenters at the Marquette University Law School's 2007 Health and Elder Law Symposium. The comments by the author connect the observations from the presenters at the Symposium with viewpoints from the various articles in the Marquette Elder's Advisor Volume 9, Article 1. The comments begin by discussing the Deficit Reduction Act of 2005 and its history of limiting Medicaid eligibility for elderly individuals who are disabled but are not destitute. The comments also discuss Medicaid planning, cost-of-living adjustments, and long term care insurance. The comments conclude by stating that the status …
Closing The Gap Between Knowledge And Practice In The U.S. Long-Term Care System, Larry Polivka
Closing The Gap Between Knowledge And Practice In The U.S. Long-Term Care System, Larry Polivka
Marquette Elder's Advisor
The push for Medicaid reform is evident in the Deficit Reduction Act (DRA), which was crafted, in part, as a response to state-level dissatisfaction with existing waiver options. The DRA spells significant changes for Medicaid, as it institutes deep revisions of some of the program's core elements. The most significant components of the DRA's reforms include the expansion of state options and the simplification of the option approval process. This article examines the newly available options that will most notably affect Medicaid services to the elderly, especially long-term care, and it summarizes program revisions under consideration or active development.