Traverse City Medicaid Attorney

This is the first part of a series looking at business leaders and their charitable work. I want to explore how different leaders prioritize corporate social responsibility and business ethics. Accordingly, I am putting the spotlight on Jeff Bartel, a Miami entrepreneur and Managing Director of the Hamptons Group, who was appointed to the newly created position of Corporate Responsibility Officer for Florida Power and Light back in 2010 before these roles became standard in the corporate ecosystem. I will cover some of the highlights from Jeff’s charitable work from 2006 to 2012 and plan to feature his charitable work from 2013 to 2022 in a future article. Reducing Carbon Dioxide Emissions In 2006, Jeff worked with Sarasota County officials to help them make a strong environmental commitment so Florida Power and Light ( FPL) could build its first solar array . Sarasota County voted to allow one of its underused park locations to erect the solar array and was projected to reduce carbon...

How frequently you should review your estate plan depends on how old you are and whether there has been a significant change in your circumstances. If you are over age 60 and you haven't updated your estate plan in many decades, it's almost certain that you need to update your documents. After that, you should review your plan every five years or so. But if you are younger, you don't need to do so nearly as often. Age Here are a few age ranges and what they mean in terms of estate planning: 18-30    Everyone needs a durable power of attorney, health care proxy and HIPAA release so that they have people they choose to step in and make decisions for them in the event of incapacity. 30-40    Once you begin accumulating assets, get married, and have children, it's important to create an estate plan to care for your loved ones in the event of your death. It also can't hurt to update your durable power of attorney, health care proxy and HIPAA release, since the peopl...

The Veterans Compensation Cost of Living Adjustment Act of 2018 aims to temporarily fix a common problem for veterans; benefits have stayed the same while the cost of living and inflation rise.  Veterans benefits are effectively cut each year that Congress does not pass a COLA bill.  Earlier this year, Congressman Mike Bost submitted the new bill; he is the Chairman of the Disability Assistance and Memorial Affairs subcommittee.  The bill directs the Department of Veterans Affairs to increase benefits as of December 1, 2018, using the same COLA used by the Social Security Administration. Congresswoman Elizabeth Etsy said that “ensuring our heroes’ benefits keep pace with the rising cost of living is the least we can do for them.  With a cost of living adjustment, we will be able to put more dollars in the hands of the men and women who served our nation.  Congressman Bost stated “it’s vitally important that we ensure the men and women who have served our na...

By: Swogger, Bruce & Millar Law Firm, P.C. May is both Elder Abuse Awareness Month and Elder Law Awareness Month.  It is not an accident that these awareness campaigns take place in the same month; elder law and elder abuse relate closely to each other.  May is the perfect time to learn more about these important issues. Elder law is an area of practice that focuses on the issues facing seniors. Elder law attorneys are knowledgeable in multiple areas, including, planning for Medicaid or Veterans benefits, helping clients transition into long-term care or assisted living, helping clients with guardianships and conservatorships, and estate planning.  Sadly, as elder abuse has increased, it has become necessary for elder law attorneys to be available to provide legal protection and advocacy. Elder abuse is any form of mistreatment that causes a senior harm or loss.  Elder abuse includes physical abuse, emotional abuse, sexual abuse, exploitation, negl...

Michigan is exploring the radical idea of letter private HMO's administer its $2.8 billion long-term care program.  The initial review of the idea is expected in July.  Part of Michigan's justification is valid; Medicaid is fragmented into different programs administered by different entities.  The main programs are nursing home long-term care, MI Choice Waiver for in-home care and assisted living, and PACE which strives to keep seniors in their home.  A  consolidation of all the programs would be a good idea, letting private insurance companies control the care and funds is not a good recipe for improving the care of vulnerable Michigan seniors.  The Michigan Association of Health Plans is lobbying hard to grab these funds.  It is unlikely the health plans will prioritize care over profit.  The Area Agency on Aging Association of Michigan has issued strong statements against the plan.  Area Agencies on Aging currently administer the MI C...

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...

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 ...

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

Swogger, Bruce & Millar Law Firm, P.C. The deadline to pick a Medicare supplement or "Medigap" policy is fast approaching.  December 7th is the last day to choose a policy during the annual open enrollment and December 15th is the last day to get a subsidy for all of 2017. Many Traverse City seniors have been shocked by the rate increases to the Blue Cross Blue Shield Medigap policies, including the popular Medigap Legacy Plan C.  The rates have been frozen for 5-years and have been the same for all demographics.  Now rates will be based largely on age, sex and residence.  The rates will increase from $122.86 per month to up to $315.00 per month The Michigan Health Endowment Fund will now administer the subsidy program.  You are eligible for a subsidy if: (1) your household income is below 150% of the federal poverty level, (2) you qualify for Medicare, (3) you have a qualifying Medigap policy and (4) are a Michigan resident.  You do not get a sub...

Swogger, Bruce & Millar, Law Firm, P.C. I have brought my Traverse City Medicaid planning practice to the firm of Swogger, Bruce & Millar Law Firm, P.C.  I am excited for this opportunity to add first class office support to my Elder Law experience and skills.  The practice has five other great lawyers and an impressive support staff. Contact me at my new office if you have any questions about protecting your assets or receiving Medicaid or Veterans benefits. John J. Rizzo III

Rizzo Elder Law, PLC Beth Milligan at traverseticker.com wrote an interesting article on a Department of Veteran's Affairs program that seeks to improve benefits for northern Michigan veterans.  Project Cherry Tree would be a 25-county pilot program to improve healthcare, education and job training for more than 55,000 veterans.  I have linked to the article below, it is worth the read. Grand Traverse County Courts VA for Major Veteran's Project

Rizzo Elder Law, PLC I have been an Elder Law attorney in Traverse City, Michigan for over 15 years.  During that time I have focused on getting nursing home residents Medicaid long-term care benefits. It has become harder and harder to receive Medicaid long-term care benefits.  The Michigan Department of Health and Human Services looks more critically at spend-downs and asset conversion.  Now more than ever it is important to have an experienced attorney with the best planning tools. In most cases I can protect more assets than an average Medicaid asset protection plan.  You do not have to spend-down on items you do not need, or spend half your assets to qualify for Medicaid long-term care benefits. I am accepting new clients in Northern Michigan.  I am based out of Traverse City; a beautiful city I made my home almost 20 years ago.