Long Term Care

 

 

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Planning for Medicaid Eligibility

  

MEDICAID AND AFFORDING LONG-TERM CARE

 

Topics in this overview include:

 

bullet Planning for Medicaid Eligibility

 

bullet Transfer of Assets as Affecting Eligibility

 

bullet Spousal Rights and Responsibilities

 

bullet Long-Term Care Planning Strategies

 

bullet Medicaid Estate Recovery Program

 

bullet Long-Term Care Insurance

 

 

INTRODUCTION

bulletLong-term care planning for an older person or couple raises a tangle of legal and emotional issues. When adult children or other younger family members are also involved, conflicts of interest between the generations may also arise.

 

bulletOver and above intra-family concerns, there is also the growing conflict between the family's planning goals and emerging public policy on allocating primary responsibility for the costs of long-term care. The family's goal usually is to have long-term care paid for by public funds to the maximum extent allowable. Government policy, on the other hand, is to increasingly restrict access to the publicly funded program -- Medicaid -- that pays for such care but which is consuming a larger and larger portion of federal and state budgets.

 

bulletRecent amendments to federal and state Medicaid laws make clear that current public policy is to have public funds be used as the last resort in paying for long-term care, only after the individual's own assets have been exhausted, and only to the extent that his or her monthly income cannot fully pay for such care.

 

bulletLong-term care planning thus involves trying to achieve the older person’s goals within an arena of ever-changing rules. Medicaid statutes and regulations tend to be extremely complex, prone to inconsistent interpretations between the federal and state systems, and subject to continuous change.  Planning based on Medicaid rules thus needs to be periodically reviewed and updated as necessary to keep current with changes in the law.  Rules governing the transfer of assets have grown particularly restrictive, and current federal and state budgetary problems suggest that current planning opportunities in this area will be subject to further curtailment.

 

OVERVIEW OF OPTIONS FOR AFFORDING LONG-TERM CARE

 

bulletMedicaid eligibility has been the focus of most long-term care planning, but Medicaid is not the only potential source of payment. Other possible sources include:

 

bullet Medicare, but it is of limited benefit to an older person concerned with paying for long-term care in a nursing facility, because it requires prior hospitalization and will only cover a maximum of 100 days of skilled nursing care, which many older persons do not need. (Even with those 100 days, only the first 20 will be fully covered by Medicare; after day 20, there is a daily co-pay.)

 

bullet Private Financing from a practical planning viewpoint, may be necessary for some period of time prior to applying for Medicaid.

 

bullet Long-Term Care (Nursing Home) Insurance is becoming an increasingly popular option for persons whose assets are substantial enough to make it unlikely that they will ever become eligible for Medicaid, and for those who fear the limited quality of care that Medicaid will likely pay for in the future.

 

Use The Following Links To Navigate to the Topic of Your Choice

 

            PLANNING FOR MEDICAID ELIGIBILITY

            TRANSFER OF ASSETS AS AFFECTING LIABILITY

            SPOUSAL RESPONSIBILITY AND

                    ANTI-IMPOVERISHMENT RULES

            LONG-TERM CARE PLANNING STRATEGIES

            MEDICAID ESTATE RECOVERY PROGRAM

            LONG-TERM CARE INSURANCE

           

 

DISCLAIMER

Martin J. Hagan is licensed to practice law in the Commonwealth of Pennsylvania. This website is intended solely for informational use and is not intended to solicit clients. Likewise, any information contained in or obtained from this web site is for informational purposes only and is not intended to be used as legal advice.

IRS CIRCULAR 230 DISCLAIMER:   Pursuant to Treasury guidelines, any tax advice contained in this website (or any link from it) does not constitute a formal opinion. Accordingly, any tax advice contained in this website (or any link from it) is not intended or written to be used, and cannot be used by any taxpayer, for the purpose of avoiding penalties that may be asserted by the Internal Revenue Service. You should seek advice based on your particular circumstances from an independent tax advisor.

Send mail to mhagan@haganlaw.net  with questions or comments about this web site.
Copyright © 2007 Martin J. Hagan, One Gateway Center - 8 South; Pittsburgh, PA 15222-1435
Last Updated: 06/29/07