Trust Me. I’m a Lawyer.
Lawyers are among the most reviled service professionals in American culture. We’re so disliked that even lawyers don’t have a lot of friends who are
Lawyers are among the most reviled service professionals in American culture. We’re so disliked that even lawyers don’t have a lot of friends who are
So often, we meet with clients who want to “get a will” or “talk about trusts.” And we’re more than happy to talk about those
Do you need a trust? Well, it depends.
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]
Medicaid only cares about your finances on a specific date.
Medicaid only cares about your finances on a specific 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]
Need proof that the Medicaid rules are confusing? Consider: an “asset” and a “resource” are not the same thing.
In the Medicaid world, the term “asset” is used when discussing Medicaid’s transfer penalty rules. As a result, “asset” includes both income and resources. [Read More]
If you’ve transferred assets within the lookback period, the state is going to assess an eligibility penalty period based on the value of all the transfers you made within that 60-month window. The penalty period can be calculated by dividing the value of that gift by the penalty divisor. [Read More]
Iowa’s penalty divisor changes every July 1. What’s a penalty divisor? Let me explain.
If you’ve heard anything about Medicaid, you’ve probably heard about the lookback period. In Iowa, the lookback period is the period of time starting with the day you apply for Medicaid and extending back through time for sixty months. We break that definition down after the jump. [Read More]
The lookback period is the first major hurdle when seeking Medicaid for long-term care.
If you can’t prove you didn’t make a transfer to get on Medicaid, that transfer becomes a disallowed transfer. And that’s bad because a disallowed transfer means a penalty period will be imposed, delaying the time you are allowed to receive Medicaid coverage for the nursing home. The real question becomes: how do you calculate the penalty period? [Read More]
The length of the penalty period depends on the value of the assets transferred.
Seems obvious, right? In daily life, a transfer happens when property changes hands. You can transfer money between bank accounts or transfer germs between school children. In grilling and smoking, “transfer” means removing food from the grill or smoker. Unfortunately, it’s not that simple in the Medicaid world. [Read More]
In Medicaid planning, the challenge is knowing when a transfer will cause a problem.
Iowa Medicaid – sometimes called Title XIX (Title 19) – is a mashup of federal statutes and regulations, state-specific rule tweaks, and both formal and informal agency policies. The system itself is intricate enough, but then the individual case workers who process Medicaid applications don’t always apply the rules in the same way. It’s virtually impossible to navigate the maze without a guide. [Read More]
What would you guess is the hardest thing about nursing home planning?
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