Traverse City Medicaid Attorney

Many of my elder law clients in northern Michigan have questions about the Medicaid look-back period and penalties for gifting.  The first thing to know is that Medicaid planning to protect assets can be done at any time, even during the look-back period, or after a client is in a nursing home.  With that initial piece of information in hand, we can proceed to an explanation of the Medicaid system for penalizing gifts. The Michigan Department of Health and Human Services processes applications for Medicaid benefits.  DHHS policy directs an eligibility specialist to investigate all gifts, or transfers for less than fair market value, that an applicant or his spouse made within five years of the applicant being in a nursing home and otherwise being eligible for Medicaid.  Let's unpack that a little bit.  First, there are two thresholds to cross before a gift penalty begins to run.  The applicant must be in long-term care and eligible for Medicaid based on his current assets.  Wha

Although Maine residents passed a ballot measure to expand Medicaid with 59 percent approval, Gov. Paul LePage is resisting.  Gov. LePage has vetoed Medicaid expansion legislation five times.  LePage has stated that opening up the program to more low-income residents would hurt the state's finances.  LePage believes that Maine should not raise taxes to pay for the expansion. Traditional Medicaid imposes coverage requirements based on income, household size, disability, and other factors.  Expanded Medicaid allows you to qualify based on your income alone.  If your household income is below 133% of the federal poverty level, you qualify.  Medicaid expansion would provide health insurance coverage to at least 70,000 low-income residents. Medicaid expansion is having a disproportionately positive impact in rural communities.  Rural uninsured rates have dropped dramatically compared to metropolitan areas.  Expansion has also reduced disparities in coverage by race, age, and incom

Michigan will run out of CHIP funds to provide health insurance for children in February or March.  Michigan's 2018 budget assumed that it would receive these funds and the full Medicaid expansion cost sharing. For more details, follow the link below. State Plans for CHIP as Federal Funds Run Out

ROSEBURG, Ore. — An 81-year-old veteran hobbled into the emergency room at the rural Veterans Affairs hospital here in December, malnourished and dehydrated, his skin flecked with ulcers and his ribs broken from a fall at home. A doctor examining the veteran — a 20-year Air Force mechanic named Walter Savage who had been living alone — decided he was in no shape to care for himself and should be admitted to the hospital. A second doctor running the inpatient ward agreed. But the hospital administration said no. Though there were plenty of empty beds, records show that a nurse in charge of enforcing administration restrictions said Mr. Savage was not sick enough to qualify for admission to the hospital. He waited nine hours in the emergency room until, finally, he was sent home. “The doctors were mad; the nurses were mad,” said Mr. Savage’s son-in-law, Mark Ridimann. “And my dad, he was mad, too. He kept saying, ‘I’ve laid my life on the line, two years in Vietnam, and this is

The bill passed by Congress late Thursday to keep most of the federal government funded for another month also provided a temporary reprieve to a number of health programs in danger of running out of money, most notably the Children’s Health Insurance Program, or CHIP. Funding for CHIP technically expired Oct. 1. States have been operating their programs with leftover funds provided by the Department of Health and Human Services since then. But  nearly half of the states were projected to run out of money entirely by the end of January, putting health coverage for nearly 2 million children at risk by that point. The funding provided by Congress for CHIP — $2.85 billion — is for six months, but it is back-dated to Oct. 1, so it will run out at the end of March 2018. The program covers 9 million children across the country. Follow the link below for the full story. Childrens Insurance Other Health Programs Funded For Now In Bill

The Trump administration — reversing guidelines put in place under President Barack Obama — is scaling back the use of fines against nursing homes that harm residents or place them in grave risk of injury.  Follow the link below for the full sto ry. Trump Administration Relaxes Financial Penalties against Nursing Homes