Watch Your Language: Grantor
The grantor is the person who creates a trust. No matter what type of trust you have, the grantor is always in charge because they set the trust’s terms. [Read More]
Ethan Huizenga August 28, 2018
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Watch Your Language: Trust
One of the most common questions I hear during our Mutual Interviews is, “Do I need a trust?” And the typical lawyer answer is, “It depends.” In order to answer that question, we need to start by defining what a trust actually is. [Read More]
Ethan Huizenga August 14, 2018
Watch Your Language: Snapshot Date
When you first submit a Medicaid application for nursing facility care (and Elderly Waiver, in Iowa), DHS takes a “snapshot” of your financial status as of the date you first moved into the nursing home. This is called the “snapshot date.” [Read More]
Ethan Huizenga August 7, 2018
Watch Your Language: Resource
The third test in the Medicaid application process considers whether the applicant has too many resources. But what is a resource?[Read More]
Ethan Huizenga October 18, 2016
Watch Your Language: D.R.A.
In 2005, Congress passed legislation which, among many, many other things, changed the way a Medicaid applicant’s resources and past transfers are considered. This bill is called the Deficit Reduction Act of 2005 and was signed by the President on February 8, 2006.[Read More]
Ethan Huizenga October 11, 2016
Watch Your Language: Spenddown
When a Medicaid applicant is married, the rules allow their spouse to retain a minimum amount of assets and income. We’ve already talked about the community spouse resource allowance (CSRA); the minimum income level is called the minimum monthly maintenance needs allowance (MMMNA). [Read More]
Ethan Huizenga October 4, 2016
Watch Your Language: MMMNA
When a Medicaid applicant is married, the rules allow their spouse to retain a minimum amount of assets and income. We’ve already talked about the community spouse resource allowance (CSRA); the minimum income level is called the minimum monthly maintenance needs allowance (MMMNA). [Read More]
Ethan Huizenga September 27, 2016
Watch Your Language: Attribution
Here’s how the Iowa Medicaid manual describes an attribution: “When one spouse enters a medical institution or applies for a home- and community-based services waiver, […] resources are attributed to the ‘community spouse’ to protect sufficient resources for the community spouse’s maintenance.” What does that mean in normal english? [Read More]
Ethan Huizenga September 13, 2016
Watch Your Language: Unavailable Resource
The primary classification of assets under the Medicaid rules is whether an asset is countable or non-countable. But there’s a special class of resources that is both countable and non-countable – an exception to the general rule: the unavailable resource. [Read More]
Ethan Huizenga September 6, 2016
Watch Your Language: CSRA
Recently we’ve referred to the community spouse a super hero. For this super hero, the special abilities aren’t mutations or the result of a yellow sun – she can’t fly and he’s not super-strong. Instead, their powers are tied directly to their status as the healthy spouse – the spouse who doesn’t need nursing home care. [Read More]
Ethan Huizenga August 30, 2016
