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Update & Latest Information-Elder Law

Proposed Changes In Medicaid Law Affecting Nursing Home Care

January 5, 2006-Both houses of Congress have passed bills that significantly change Medicaid eligibility for Long Term Care (nursing home expenses).  The new legislation is likely to be signed into law as early as February 1, 2006.  The changes can dramatically impact asset and estate planning for people who want to see that some of their assets are passed on to their children and not drained away by the costs of long-term nursing home care.

As of early January (2006), the final form of the law has not been completely determined.  However, there are three specific provisions that are likely to become law and will have a very significant effect on Medicaid eligibility for long term care.  The greatest impact is a change in the "look-back" and "penalty periods" imposed on people who transfer assets to someone other than their spouse.  "Transfers" include gifts of cash and/or property, including title to real estate.  Under current law the "look back" period is 36 months, under the new law the "look back" period will be 60 months.  In addition, there are aspects of the new Medicaid legislation that may make the penalty period, during which a person is ineligible for Medicaid, such that much longer periods of ineligibility may be imposed.  Lastly, the new law may make it impossible to protect homes valued at more than $500,000 from being included as an available asset.  If you are considering making gifts to children or other parties before the costs of nursing home care swallows up your assets you should contact an elder law attorney immediately.

For detailed information on how "look back" periods and "penalty periods" work click here.

Medicare Part D Information

Many people have struggled with the extremely complex and confusing nature of participating in the new Medicare prescription drug program.  The program has been designated "Medicare Part D".  Below are a variety of web site that can help seniors or their families sort through what the different options are, how Medicare Part D works, etc.:

Medicare Prescription Drug (U.S.Government Medicare Web Site)

Medicare Prescription Drug Plan Finder (U.S. Government Medicare Website)

Tips for Using the Medicare Prescription Drug Plan Finder (Medicare Rights Center)

Resources on the Medicare Prescription Drug Benefit (Kaiser Foundation)

Benefits Under the New Medicare Law  (Medicare Rights Center)

Dual Eligibility: Medicare & Medicaid

Legal Resouces Program UpdateE   (Covers issues with Medicaid and Medicare for people who also have retiree coverage with a former employer/union, etc.)

Will Medicaid still pay for my prescription even if its not covered by the plan I select?

Retiree Benefits & Medicare Part D

SURVEY: Four in five businesses (79%) that now provide retiree health benefits will accept government subsidies for continuing to provide retiree drug coverage at least as good as Medicare’s coverage when the new drug benefit starts in 2006.

New York State Related Information

EPIC Notice of Creditable Coverage

Medicaid and the New Medicare Part D Prescription Drug Benefit (New York State Dept. of Health)

DOH Medicaid Update December 2005 (Special Edition: Medicare Prescription Drug Benefit)

Contact Information

If you would like a consultation or wish to arrange for representation on any Social Security matter, criminal matter, drawing up a living will, testamentary will, trust and estate planning or health care proxy, you can contact Glenn W. Magnell at either his Goshen or Cornwall offices. 

Goshen Office: 162 Main Street, Goshen, N.Y. 10924    Phone: 845-294-0585    Fax: 845-926-4091

Cornwall Office: 151 Continental Road, Cornwall, N.Y. 12518   Phone: 845-534-7848  Fax: 845-926-4091

Email: gmagnell@stormkinglaw.com

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