Estate and Elder Law

Recent Posts

Duane Morris LLP: Centers for Medicare and Medicaid Services Releases Proposed Rule on Reporting and Returning of Overpayments
Posted on 21 Mar 2012 by Duane Morris LLP

The U.S. Centers for Medicare and Medicaid Services (CMS) released a long-anticipated proposed rule on reporting and returning of overpayments on February 16, 2012. The proposed rule is part of CMS's recent effort to respond to increased Medicare... Read More

Williams Mullen: Civil Suit Challenging North Carolina Medicaid Appeal Procedures
Posted on 21 Feb 2012 by Williams Mullen

BY: MARCUS C. HEWITT A civil suit recently filed in North Carolina could affect who decides appeals of agency decisions related to the North Carolina Medicaid program, which could in turn affect the difficulty of appealing agency decisions by the Division... Read More

McNees Wallace & Nurick LLC: Planning and Paying for Long-term Care (Part 4 in a Series: Medicaid/Medical Assistance)
Posted on 30 May 2012 by McNees Wallace & Nurick LLC

B y Scott Alan Mitchell As of January 1, 2012, the average cost of skilled nursing care in Pennsylvania is $8,112.13 per month. Recall that according to national statistics, approximately 50% of nursing care throughout the country is paid by Medicaid... 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

Foley & Lardner LLP: CMS Announces Comprehensive Primary Care Initiative Soliciting Participation From Health Care Payers
Posted on 7 Oct 2011 by Foley & Lardner LLP

By C. Frederick Geilfuss II , Donald H. Romano , Gary D. Koch , Diane Ung and Lawrence W. Vernaglia The Centers for Medicare and Medicaid Services (CMS) has announced plans to develop a Comprehensive Primary Care (CPC) initiative. In a notice... Read More

Foley & Lardner LLP: CMS Issues Final Rule Requiring States to Develop Medicaid Recovery Audit Contractor Programs
Posted on 26 Sep 2011 by Foley & Lardner LLP

By Maria E. Gonzalez Knavel , Anil Shankar , Heidi A. Sorensen , Diane Ung , Lawrence W. Vernaglia and Judith A. Waltz On September 16, 2011, the Centers for Medicare and Medicaid Services (CMS) published in the Federal Register a final rule (Final... Read More

Tags: Medicaid

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

Williams Mullen: RACs, RACs, RACs…Don’t Forget About the MICs
Posted on 6 Sep 2011 by Williams Mullen

BY: MARTIN A. DONLAN, JR. & DEREK W. H. KUNG By now, every provider should be aware of the alphabet soup of auditors that could come knocking at the door. There has been more and more activity by RACs and a large push to educate providers... Read More

Bipartisan House letter urges House Speaker Nancy Pelosi and Minority Leader John Boehner to extend state Medicaid assistance
Posted on 14 May 2010 by LexisNexis Estate and Elder Law Community Staff

In a May 7 th letter, members of the House of Representatives urged House leaders to swiftly extend an increase in the Federal Medical Assistance Percentage (FMAP), which helps fund nursing homes and Medicaid programs. The extension, which is included... 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

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 Planning: Doing it Right
Posted on 10 Aug 2011 by karplaw

Short of Seal Team 6 and emergency room docs, most of us don't make our best decisions under extreme pressure. We're more likely to grab at whatever solution seems handy. This may explain the unfortunate situation Orlando resident Janet... Read More

Tags: Medicaid