Estate and Elder Law

Recent Posts

MassHealth Long Term Care Eligibility | Activities of Daily Living
Posted on 25 Jun 2012 by Tim J. McNamara

In addition to the complicated financial requirements for becoming eligible for MassHealth long term care benefits, an applicant must also qualify physically . This of course makes perfect sense. If the government provides a service as costly as long... Read More

State Net Capitol Journal: CT Pulls Plug on Managed Care for Medicaid
Posted on 16 Apr 2012 by State Net

The way states used to pay doctors and hospitals for treating Medicaid patients was by directly reimbursing them for the services they rendered. But spurred by criticism that the so-called "fee-for-service" method encouraged health care providers... Read More

Foley & Lardner LLP: CMS Initiatives for Bundled Payments to Improve Care
Posted on 1 Sep 2011 by Foley & Lardner LLP

By Shilpa S. Patel and Lawrence W. Vernaglia "Bundled payment" is one of the health reform strategies that received considerable attention during the health reform debates. Under this payment model, a group of providers (potentially including... Read More

Medicaid's Rights of Recovery In Personal Injury Cases
Posted on 28 May 2011 by Brian A. Boys

The United States District Court for the District of Colorado recently decided a case that could have an impact on personal injury settlements and awards. In this case, the court found that the state Medicaid agency may obtain recovery from not only the... Read More

Saying That a Transfer/Gift was Not Made for Medicaid Purposes Won't Cut It
Posted on 11 Apr 2011 by Deirdre R. Wheatley-Liss

It's not really a surprise, but a recent decision confirmed that trying to prove to New Jersey that a transfer was made within the Medicaid 5 year look back period for reasons "other than qualifying for Medicaid" is an uphill battle with... Read More

Will Seniors Lose Long Term Care Coverage? How Will They be Cared For?
Posted on 17 May 2011 by Deirdre R. Wheatley-Liss

Elderlawanswers reports this week that congressional proposals to change Medicaid funding target cutting services to seniors. The report takes the position that block funding of Medicaid will underfund Medicaid to the states. The states will then have... Read More

Steve Mullins of Luckey & Mullins on Medicare Secondary Payer
Posted on 4 Jun 2010 by HB Litigation Conferences

Steve Mullins of Luckey & Mullins co-chaired HB's May 19, 2010, conference on Medicare, Medicaid & SCHIP in Torts. Information about recordings and upcoming events on the subject can be found at In this clip, shares... Read More

State Net Capitol Journal: GOP Govs Balking at ACA Medicaid Expansion
Posted on 10 Jul 2012 by State Net

Several Republican governors said last week they will not expand their Medicaid eligibility standards to conform to the tenets of the Affordable Care Act. Instead they will utilize an out provided within the Supreme Court's ruling on the ACA's... Read More

State Net Capitol Journal: States' Medicaid Costs Rising Faster Than Spending
Posted on 18 Jun 2012 by State Net

The National Association of Budget Officers (NASBO) and National Governors Association's (NGA) most recent survey of state fiscal health is not particularly encouraging. Although the Spring 2012 update, released last week, indicates state revenues... Read More

Supreme Court Finds Individual Mandate In Health Care Act Constitutional
Posted on 28 Jun 2012 by LexisNexis® Mealey's™ Legal News

WASHINGTON, D.C. - (Mealey's) In a sweeping opinion covering four issues addressed over three days of oral argument, the U.S. Supreme Court today found that the Anti-Injunction Act (AIA) does not bar challenges to the Patient Protection and Affordable... Read More

Federal Medicaid Cuts are Coming July 1, 2011
Posted on 27 Jun 2011 by Marc J. Soss

Despite the injection of billions of dollars into Medicaid between 2009 and 2011, the funds will run out at the end of June 2011. This will result in substantial cuts in benefits for millions of people, even though unemployment has increased. From New... Read More

Hook Law Center: For Medicaid, Long-Term Care Costs of Elderly are Rising
Posted on 1 Nov 2012 by Hook Law Center

It should be no surprise that the costs for the long-term care of the elderly are rising. The baby boom generation is now aging, and there are many more of them to take care of. Many of their parents are still requiring services as well. While some people... Read More

Sandra L. Smith of Oast & Hook, P.C. on Asset Transfers, Good or Bad?
Posted on 18 Feb 2011 by LexisNexis Legal Business Community Staff

On this edition, Sandra L. Smith, CELA, of Oast & Hook, P.C., discusses how asset transfers can be useful planning tools and their impact on Medicaid planning. She also explains veterans benefits planning and discusses some of the dangers of joint... Read More

New NJ Case - Life Care Contract Deemed to be a Gift for Medicaid
Posted on 19 Apr 2010 by Deirdre R. Wheatley-Liss

A basic question in determining Medicaid eligibility is "Did you make a gift in the past 5 years?" If the answer is "Yes" a penalty period will be assessed before a person qualified for Medicaid. A key distinction is that... Read More

Duane Morris LLP: Supreme Court Addresses Whether Supremacy Clause Provides Private Right of Action to Challenge Medicaid Cuts in Douglas v. Independent Living Center
Posted on 26 Mar 2012 by Duane Morris LLP

Representing the latest decision involving Medicaid providers' attempts to judicially combat cuts to Medicaid reimbursement, on February 22, 2012, the U.S. Supreme Court handed down a five-to-four decision in Douglas v. Independent Living Center of... Read More