nursing home & medicaid

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otzman
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nursing home & medicaid

Post by otzman »

I always thought there was a 5 YR. limit on any transfer of assets before one would be eligible for medicaid to cover nursing home, or in home care.
My wife 66, has parkinsons. She left a nursing home a month ago, after a two week stay. A permanent stay is most probable in the future.
I'm 70. We own 2 homes, one in my name (her as beneficiary), other is in both our names. $400,000 in both our names. $220,000 in her name (me beneficiary) in IRA. We own 2 cars. Have no debt. I have a pension and SS. She has her SS. We have medicare, and BC. We haven't touched our savings since I retired 16 years ago. We have little preference on who ends up with our estate.
A law firm (recommended by our hospital) told me this 5 year limit is a fallacy, and for $8,500 to cover medicaid, and $3,500 to cover court and court prep., they could protect our assets. We would have to withdraw 1/2 of the IRA in 2017, 1/2 in 2018. I would have to fill out a load of paper work on our finances over the last 5 years, and make an appointment to start this off. They would advise us on how to proceed then.
It's been a couple of weeks and finally finished their paper work. I'm still hesitant to make this appointment. Can't get this 5 year limit out of my head. Not even sure if it's to my benefit to do this.
Tried to make this as short as I could. Any advice you guys can give would be great, as you can tell not to sharp on money matters.
Thanks, Otzman
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Artsdoctor
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Re: nursing home & medicaid

Post by Artsdoctor »

Otzman,

I'm sorry to hear that you're having to make these difficult decisions. I have been this in detail with my in-laws.

I would definitely urge you to meet with an elder law attorney. They are invaluable in planning for situations such as yours.

Finding a good one can entail a bit of research. From my personal experience, I was appalled to see how much chicanery goes on with elder care law and my first meeting with someone was a disaster. He promised the world to my FIL but was clearly a charlatan ("I can't tell you how exactly how I'm going to help you because that would be like giving you the ingredients of Coca-Cola"). His fee was close to $15,000 to "do everything so it's done right." He was also recommended by the case manager in a hospital!

Ha. I ultimately met a gem who works in a central city location at a large firm who did everything for a fraction of that--and there was none of the Coca Cola haggling. She told me exactly what the plans were and methodically did everything perfectly.

Medicaid is state-dependent. Therefore, make sure that everything you read is read through that filter. It does you no good to learn about Pennsylvania Medicaid rules if you live in Florida.

If you know any lawyers that you've worked with in the past, ask for a recommendation in elder law specialists. If you can't find one, there are certification agencies for lawyers specializing in elder law. You can check that out.

The price quoted to you seems very high and I would be skeptical. After working closely with elder law attorneys in Pennsylvania and Ohio, my instinct tells me to suggest that you look elsewhere.
robertalpert
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Re: nursing home & medicaid

Post by robertalpert »

You certainly need an elder law attorney.

I have heard that paying off all debt (including mortgage debt) would help limit the assets that nursing homes would attempt to take. They also cannot take the primary home or primary car. You may considering selling one or both homes and then purchase a home --- accommodated to meet the medical needs of you and your spouse. Annuitizing remaining assets may prevent the nursing home from claiming the bulk of these remaining assets.

An attorney that specializes in elder-law will be essential.
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dm200
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Re: nursing home & medicaid

Post by dm200 »

No direct knowledge or experience, but my understanding is that such issues can vary a lot from one state to another.
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Artsdoctor
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Re: nursing home & medicaid

Post by Artsdoctor »

[removed an earlier quoted post - moderator prudent]

First, Medicare has nothing to do with "those who cannot afford health costs." Every working person has paid into Medicare and nearly every senior will have Medicare has his/her primary medical insurance. You are referring to Medicaid. This is a common mistake with people who know nothing about medical insurance. You, too, will someday receive Medicare.

Second, Medicaid was not designed to impoverish the spouse of someone requiring nursing home care. Medicaid laws make a very significant distinction between an individual who qualifies for Medicaid and a spouse who qualifies for Medicaid. For married couples, there is no "ripping off the system" when a spouse must live in a nursing home and qualifies legitimately for Medicaid. Of course there are limits to assets, but the state laws are very clear that one spouse need not totally impoverish himself/herself because of a seriously ill spouse.

So in your case, this is a great learning experience since you're starting from zero: there is a big difference between Medicare and Medicaid; and, there is a big difference between an individual applying for Medicaid and a spouse applying for Medicaid for nursing home care purposes.
NotWhoYouThink
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Re: nursing home & medicaid

Post by NotWhoYouThink »

The post above needs to be corrected to say Medicaid, not Medicare.

OP, where do you and your wife want her to go, or do you want her to stay at home and receive care there? Start with the living arrangement you want, not the cost.

Some NHs do not admit patients who will be on Medicaid from Day 1, but almost all will admit patients who are full pay now and have enough to pay for a few years, and then will let them transition to Medicaid payment after that. Some let you stay in the same room no matter who pays, some don't.

Use Google or Nolo or whatever you like to look up the laws in your state before paying the lawyer. Know enough to ask good questions so you don't start down an expensive path that goes somewhere you don't want to be.

You and your wife have some money. She has some life in front of her. Plan her care first, then think about how to pay.

(struck out reference to deleted post)
Last edited by NotWhoYouThink on Sun Apr 02, 2017 6:52 pm, edited 2 times in total.
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Artsdoctor
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Re: nursing home & medicaid

Post by Artsdoctor »

Otzman,

Again, please realize that Medicaid laws are state-specific so any detailed pieces of advice may not be appropriate for you.

Medicaid in your state may look at total assets and/or total income. There can be a difference. Some states will have safe harbors (one house, a 401k, an annuity) but there may be limits. Some states will allow you to buy a Medicaid-eligible annuity (you increase your income but decrease your assets).

When you begin looking for a nursing home that suits your needs, you may find a lot of variation. Some nursing homes may not take Medicaid--ever. Some nursing homes want financial information to gauge how long you'll be able to pay full fair before Medicaid might kick in. Some nursing homes will take Medicaid from the beginning.

I've been through this a few times with family and friends' parents in several states, and there are tremendous variations. One thing that I found after going through this was a common thread: a nursing home that will allow Medicaid to "kick in" after "a while," can often be much more expensive than a nursing home that will not accept Medicaid. Neither is cheap, of course, but the difference can be several thousand dollars per month.

So unfortunately, you're going to have to take everything into consideration, not just solely finding a place for her and then work backwards. Meeting with an elder care attorney will be invaluable in planning for what's right for you. Your assets are reasonably sized but not unlimited, and you're relatively young; there's not a lot of room for error.
Good Listener
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Re: nursing home & medicaid

Post by Good Listener »

I went through this with my father a few years ago. All states indeed are different. However the 5 year transfers that you describe are quite standard and were put in because too many people, millionaires included, were gaming the system. The lawyers in this category often say they will get you out of paying. They try but won't do anything illegal, nor should you. In our case and generally, the nursing home took my dad without our paying upfront when they received a fax from our lawyer that a Medicaid application was going to be submitted by him. There were transfers, etc. After he died, Medicaid sent my mother a bill for the full amount the state paid minus the social security that went straight to the nursing home. Their worksheet showed the transfers that were disallowed including a bunch of checks that were gifts, even small gifts. And we paid it. Good luck with it all.
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prudent
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Re: nursing home & medicaid

Post by prudent »

I removed a couple posts that discussed the moral aspects of protecting estates - those comments are off-topic. Please keep replies focused on the topic.
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Re: nursing home & medicaid

Post by bsteiner »

The lawyer who handles your estate planning should be able to recommend someone who does elder law (Medicaid planning). Alternatively, you could tell us in what metropolitan area you live, and perhaps you'll get some recommendations.

Medicaid is a mix of Federal and state law. How assets are counted varies from state to state. For example, in some states, IRAs are considered available for Medicaid purposes, whereas in other states IRAs aren't counted but you have to contribute your required distributions toward your care.

You may want to consider revising your estate planning so that you don't leave anything to her outright except perhaps to the extent necessary to satisfy her elective share (though that may depend on how the elective share works in your state).
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otzman
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Re: nursing home & medicaid

Post by otzman »

Forgot to mention this firm specializes in Elder Law only, and I'm not trying to game the system. If I have to give up all my assets I will. We are from Michigan, and my main concern was this 5 year deal, and what I'm legally eligible for. I will try and get another Elder Law Lawyer's opinion as suggested.
Thanks, open to any other advice. Otzman
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arcticpineapplecorp.
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Re: nursing home & medicaid

Post by arcticpineapplecorp. »

The only point to seeing an Elder Law attorney is to game the system. Otherwise, the medicaid office will tell you exactly when you will qualify (when assets are spent down to the allowable amount for your wife and your protected share (to be determined through a resource assessment)).

Since she was in skilled care less than a month, no resource assessment is generally required. In the future if/when she needs skilled care for at least a month, a resource assessment will be required. This will determine how much in resources you can keep/how much will need to be spent down in order for her to be eligible for Medicaid.

There is no gifting between spouses, so who are you thinking of gifting to? You and the attorney are mentioning the 5 year lookback which only applies to gifting, so who are you/the attorney thinking of gifting to?

Generally your primary home is excluded, but a second home would be counted. I'm assuming you have 100% equity in the second home (no loan/mortgage that would reduce the equity value)? That possibly would count towards your total assets (which may need to be spent down). Do you rent out the second home or is it part of a business/rental? If so, is there income reported each tax year or do you show a loss? These also can factor in to whether or not the second home may (or may not) be countable.

Assuming she's in skilled care (not you) then your wife's IRA is countable but do YOU have an IRA or 401k? If so, your retirement accounts should not be countable towards the total amount of assets (just hers).

There is a 5 year lookback but elder law attorneys have found some clever ways around this to qualify clients over the years despite that. There was a loophole that was eventually closed through the Deficit Reduction Act of 2005. But I've recently seen elder law attorneys do something similar but not exact, which involves gifting. I'm not going to say any more than that.

So basically, elder law attorneys' jobs are to protect your assets and qualify your spouse for medicaid at the same time. Of course that means the taxpayers are picking up the tab for what you could have paid out of pocket. If you don't think this is ok, then don't consult an elder law attorney. If you think, "Well, it's legal and it's up to congress to change the law to prevent the kinds of things elder law attorneys do", then consult the elder law attorney. I have also heard they don't generally tell you what they're going to do until you pay them. That's what you're paying for...their specialized knowledge. They can't give that away for free.
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Artsdoctor
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Re: nursing home & medicaid

Post by Artsdoctor »

Otzman,

When you interview an attorney that specialized in elder care, think about it as a long-term relationship--because it might be.

First, the attorney will assess what you currently have and, since she's currently not in a nursing home, can begin a planning stage of asset management that will conform with Medicaid eligibility, if that's ultimately a possibility.

Second, when it comes time for a nursing home, the attorney can help you with the application process. You will already have much of the paperwork from the planning stage so the application will not be too onerous.

Third, Medicaid renewals come around annually and sometimes laws change. The attorney will by then know you and be able to help you with any issues that may come up since your financial situation may change over time.

Finally, your attorney will stand by the work that has been done and not simply fade away after taking your money. There are two screw-ups that you're going to want to avoid. First, if the application is not done correctly, you may be penalized in the form of time (the penalty might be to lock you out for months or years before applying again). Second, your attorney can make sure that no shenanigans have occurred that would prompt Medicaid to claw their money back after death (for example, gifting during that 5-year period, purchasing annuities incorrectly, etc.).

The good elder care attorneys I've met are caring people that have a soft spot for seniors. Sometimes, they have family stories to tell that prompted them to go into the field. I'd avoid anyone who gives the air of trying to outsmart the system. You will find that some people unfamiliar with Medicaid laws are opinionated and often will just say things that are wrong or perjorative. That's usually coming from a point of ignorance. Likewise, there are unscrupulous elder care lawyers that try to extract needless amounts of money from your pocketbook when you're most vulnerable, a very sad but true fact, especially when you view it in the context of senior living.
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Re: nursing home & medicaid

Post by Artsdoctor »

arcticpineapplecorp. wrote:The only point to seeing an Elder Law attorney is to game the system. Otherwise, the medicaid office will tell you exactly when you will qualify (when assets are spent down to the allowable amount for your wife and your protected share (to be determined through a resource assessment)).

Since she was in skilled care less than a month, no resource assessment is generally required. In the future if/when she needs skilled care for at least a month, a resource assessment will be required. This will determine how much in resources you can keep/how much will need to be spent down in order for her to be eligible for Medicaid.

There is no gifting between spouses, so who are you thinking of gifting to? You and the attorney are mentioning the 5 year lookback which only applies to gifting, so who are you/the attorney thinking of gifting to?

Generally your primary home is excluded, but a second home would be counted. I'm assuming you have 100% equity in the second home (no loan/mortgage that would reduce the equity value)? That possibly would count towards your total assets (which may need to be spent down). Do you rent out the second home or is it part of a business/rental? If so, is there income reported each tax year or do you show a loss? These also can factor in to whether or not the second home may (or may not) be countable.

Assuming she's in skilled care (not you) then your wife's IRA is countable but do YOU have an IRA or 401k? If so, your retirement accounts should not be countable towards the total amount of assets (just hers).

There is a 5 year lookback but elder law attorneys have found some clever ways around this to qualify clients over the years despite that. There was a loophole that was eventually closed through the Deficit Reduction Act of 2005. But I've recently seen elder law attorneys do something similar but not exact, which involves gifting. I'm not going to say any more than that.

So basically, elder law attorneys' jobs are to protect your assets and qualify your spouse for medicaid at the same time. Of course that means the taxpayers are picking up the tab for what you could have paid out of pocket. If you don't think this is ok, then don't consult an elder law attorney. If you think, "Well, it's legal and it's up to congress to change the law to prevent the kinds of things elder law attorneys do", then consult the elder law attorney. I have also heard they don't generally tell you what they're going to do until you pay them. That's what you're paying for...their specialized knowledge. They can't give that away for free.
Arctic,

Please reconsider your outlook here. The OP's assets will not be able to last more than a few years even if all of the assets were to go to nursing home care. The bills can be pretty eye-popping. The law is very clear--and it has been for decades--that the spouse not requiring nursing home care should not become impoverished just because of nursing home costs.

https://www.medicaid.gov/medicaid/eligi ... index.html

I'm not sure what to say about instructing someone to walk into a Medicaid office to discuss the application and eligibility. I would strongly urge someone to forgo your advice on that one.
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Re: nursing home & medicaid

Post by ChrisC »

A few observations before this thread gets locked because of contentious and pejorative comments that surface whenever this topic gets discussed:

Not all transfers are gifts or are designed to game the system within the 5 year look back period.

Medicaid government office staff are not infallible in their understanding of complicated Medicaid rules and regulations and sometimes a good elder care lawyer has superior knowledge of the rules than staff which is frequently demonstrated when re-determinations or successful appeals reverse prior office guidance or determinations.

Medicaid or other government assistance programs are designed purposely to take into account the mind-numbing, myriad of circumstances that apply to recipients and to prevent unfair and unintended "gaming of the system." If the system permits recipients to engage in certain behaviors, in most, if not all cases, the behavior was sanctioned by the policy planners who designed the system.
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arcticpineapplecorp.
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Re: nursing home & medicaid

Post by arcticpineapplecorp. »

Artsdoctor wrote:
Arctic,

Please reconsider your outlook here. The OP's assets will not be able to last more than a few years even if all of the assets were to go to nursing home care. The bills can be pretty eye-popping. The law is very clear--and it has been for decades--that the spouse not requiring nursing home care should not become impoverished just because of nursing home costs.

https://www.medicaid.gov/medicaid/eligi ... index.html

I'm not sure what to say about instructing someone to walk into a Medicaid office to discuss the application and eligibility. I would strongly urge someone to forgo your advice on that one.
I'm not telling him to go the medicaid office. I'm saying that information to qualify for Medicaid is not state secrets and elder law attorneys are not the only ones with this knowledge. The policies can/should be available on the internet for anyone to read. It's like taxes. Do you have to hire a CPA to do your taxes? No. But you might want to if you're not confident in your own abilities to complete the process.

I can't tell you how many times I've heard people say they wished they knew such and such before they did this and that. My response has always been, "An elder law attorney could have prevented this situation had you sought one out...you also could have contacted us (the medicaid office). We would have told you what was acceptable or not."

I also agree with ChrisC that workers are not infallible and sometimes this is because some regulations may be subject to interpretation. Sometimes, further guidance needs to be issued, policies clarified, and in some cases final decisions rendered in state supreme court (which then could set precendent for how things may be handled in other states). Some of these can be good reasons to consult an Elder Law attorney. I'm sorry if I was being too harsh about elder law attorneys, but the times they are used is mostly to protect spouse's assets. Considering how expensive they can be, it makes sense to use them to find ways to protect assets, rather than just to help with renewals for instance.

Regarding "behaviors being sanctioned by policy makers who designed the system" that would be true if loopholes weren't eventually closed (as happened with the DRA 2005 which I mentioned). This strikes me as policy was designed without regards to how lawyers would find loopholes (often the case) that then requires legislators to tighten up regulations. So, I don't believe these things are always intentional. Considering the cost burden for taxpayers in the coming decades with budget shortfalls already, I assume there will continue to be a tightening of regulations over time, especially as these new ways of gaming the system (call them legal loopholes if it makes you feel better) become discovered.
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jimb_fromATL
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Re: nursing home & medicaid

Post by jimb_fromATL »

In my opinion you have a lot of reasons to have misgivings. There are plenty of legitimate sites that come in a web search that show that the five year look-back period is very real, and that your law firm's promises may sound a bit too good to be true.

HERE is a good one of thousands of articles that come up in a web search on the subject.

There are still a lot of exceptions that may allow some property to be passed to dependent heirs, but a lot of the loopholes that have worked in the past no longer work -- such as gifting property jointly to your future heirs, and putting the property or money in many kinds of trusts.
MORE ... about loopholes that no longer work.

Without more details, such as what you're supposed to do with the money you take out of your retirement funds, it's hard to guess what they have in mind.

The first thing that comes to mind is that they may take a bunch of your money to investigate the details you've provided, and if they can't find any applicable exemptions, you'll just be out the thousands they charge to look for loopholes acceptable exemptions.
  • Or perhaps they'll encourage you to put the properties and money in a trust or some other subterfuge that they think will not be caught. Or they may realize that you have enough assets now that you are not very likely to run out of money within 5 years even if you do need to go on Medicaid assistance.

    Or maybe they will suggest a Medicaid-acceptable Single Premium Immediate Annuity (SPIA). These are essentially a way to buy an an insurance policy that guarantees to pay you a monthly amount for life. Since you no long own the money, Medicaid can't take it, but will require that the statutory proportions of it must be paid toward your care.

    In the case of an acceptable annuity, It appears that some "advisors" may forget to mention that a SPIA is somewhat like a pension, in that while it guarantees a monthly income for life, there will be nothing for your heirs if you die earlier than your normal life expectancy. Like a pension fund, the money that is in the "pool" that is not paid to people who die sooner is used to pay the monthly income to people who live longer than usual. Or if the annuity has a guaranteed "period certain" number of payments, it may be required to reimburse Medicaid with the remaining payments if you die earlier.

    Or maybe they'll be encouraging you to use it to buy Medicaid-acceptable SPIAs (Single Premium Immediate Annuities). That is essentially using the money to buy an insurance policy that guarantees to pay you a monthly amount for life. You no long have the money, so Medicaid cannot take it. But they can require that the statutory percentage of that income is applied to pay for your care.
Whatever they advise or you to do, I suspect that it's still very unlikely that you would be able keep two houses, two cars and all of your money, or give it all to your heirs, IF either of you were to go into a nursing home and IF you were to exhaust all of your remaining assets down to the Medicaid limits within 5 years.

I also feel sure that they will not refund the upfront fees if they cannot find legitimate exceptions. Nor will they guarantee that following their suggestions won't cause you to end up being disallowed for Medicaid ... IF you exhaust all your assets and need Medicaid later.

And it is a sure thing that if anything does go wrong, it won't be them who will end up out of money and unable to qualify for Medicaid assistance until the mis-used funds are returned to be paid toward your care.

One other thing: Some of the best money I ever spent some years ago was a session with an attorney who specialized in Medicaid issues to learn more about how to manage my mom's meager assets to provide the best possible nursing home care for her.

The rules are a lot more readily available thanks to the internet. So you can do a lot of research in advance to make sure you understand the issues and can ask the right questions and better understand the answers than I could back then. With the research in advance, you will be better able to separate the wheat from the chaff --and in less time -- if the group you speak to seems to be making it sound like they're helping you find some little-known loopholes that nobody else knows. There are not any of those ... no matter how much you pay 'em.

jimb
Last edited by jimb_fromATL on Sun Apr 02, 2017 11:30 pm, edited 2 times in total.
littlebird
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Re: nursing home & medicaid

Post by littlebird »

The 5-year "look-back" period is not a fallacy; it's the law. I think what the lawyer was saying is that it can be worked around. I think what he's planning to do is to set up an annuity/irrevocable trust to convert assets to income stream. Income in your name only - as the so-called "community spouse" - is not deemed available to the institutionalized spouse, but assets - other than protected ones, like 1 house, approximately $120,000 dollars, and a few other smaller assets - are.

I would not take any irrevocable steps now. I would find out what the lawyer is planning to do; read everything you can on the subject; attend Parkinson's support groups and classes; find out, preferably from a community non-profit that works with elders exactly what facilities exist in your community. Social workers pointed me in the direction of "assisted living group homes" for my spouse in end-stage Parkinson's. He is receiving excellent personal attention at a cost affordable to us. For many years prior to this, I cared for him at home with just some help taking him to medical appointments and with assistive devices available to everyone with a little research and ingenuity. A lot of this is simple logistics. If you are bigger, stronger and in better physical shape than your wife, you will be able to care for her at home for a long time, barring dementia.

I don't know in what stage of the disease your wife is, of course, but armed with some of the information you can gather by yourselves you'll be in much better shape to make these very consequential decisions.
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Re: nursing home & medicaid

Post by ChrisC »

arcticpineapplecorp. wrote:
Regarding "behaviors being sanctioned by policy makers who designed the system" that would be true if loopholes weren't eventually closed (as happened with the DRA 2005 which I mentioned). This strikes me as policy was designed without regards to how lawyers would find loopholes (often the case) that then requires legislators to tighten up regulations. So, I don't believe these things are always intentional. Considering the cost burden for taxpayers in the coming decades with budget shortfalls already, I assume there will continue to be a tightening of regulations over time, especially as these new ways of gaming the system (call them legal loopholes if it makes you feel better) become discovered.


My old administrative law professor used to make distinctions between "gaps" and "loopholes" in administrative rules. Loopholes he would say are not policy design choices but are merely unthought of situations that arise because legislators or officials can't contemplate every conceivable situation arising from the interplay of written laws or rules and practical reality. Loopholes, when contrary to the spirit of the policy behind the law or rules for government programs tend to get closed, sometimes very quickly in government time!

On the other hand, there might be "gaps" in the way rules are written that were intentionally placed in legislation or rules because no one could figure out how to deal with the myriad of situations that might occur under the rules. So the gaps get filled by people who administer the rules or the gaps are left alone and they become the policy choices for behaviors the gaps encourage. For instance, in finding out about a VA program of "aid and attendance" for "home bound" spouses of Veterans who were in active duty during a War, I became aware of some astonishing "gaps" in program eligibility: one can transfer assets right before one applies for these generous VA benefits the day before you file for assistance to meet the threshold financial asset test required by the VA -- there is no look back! And the benefits, while not as expansive as Medicaid, can be significant for those veterans or their spouses who need long term care and are home bound.

I believe the Medicaid program has few, if any, loopholes to be corrected after so many revisions and rewriting of rules. So, when the
Medicaid program allows potential recipients to set up certain trusts that might not be covered by the look back or allows a parent to transfer a primary residence to a caregiver child -- all within detailed parameters established by the rules -- these aren't loopholes but policy choices made by our legislators or program officials . And one who takes advantage of the policy field and choices made by our government can hardly be said "to game the system" in my opinion.
Last edited by ChrisC on Mon Apr 03, 2017 3:39 pm, edited 1 time in total.
NotWhoYouThink
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Re: nursing home & medicaid

Post by NotWhoYouThink »

Can you elaborate on a few things -
What state are you in?
What is the attorney proposing to do? Set up annuities, trusts, what?
What kind of care do you propose to provide for your wife, and how much will it cost, for how long?

The more specific you can be, the more help you can get from this forum. General advice is to proceed with caution. With what you have described, the only person guaranteed to benefit is the attorney. I'm not sure how much help whatever he proposes will be to you and your wife.

You have a difficult and expensive job ahead of you, and it makes sense to make sure paying for your wife's care does not leave you destitute. But just because "you need to do something", that doesn't mean that the "something" the attorney recommended is suitable for your family. It may be, or it may only be suitable for the law firm.
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Re: nursing home & medicaid

Post by Silk McCue »

My simple advice is only utilize a Board Certified Elder Law Attorney. They are at the top of their field. Also, ignore every comment from individuals that question the appropriateness of trying to utilize every available legal method at your disposal. Don't even respond to them. Wishing you the best as you work through this challenging time.
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Re: nursing home & medicaid

Post by dm200 »

Silk McCue wrote:My simple advice is only utilize a Board Certified Elder Law Attorney. They are at the top of their field. Also, ignore every comment from individuals that question the appropriateness of trying to utilize every available legal method at your disposal. Don't even respond to them. Wishing you the best as you work through this challenging time.
In my opinion, as well, the attorney must be experienced with the applicable state of residence of the person for whom advice and information is sought. Although not applicable (at this time, at least) to us, our estate planning attorney is involved in this area and his published information and general advice differs greatly between those living in Maryland and those living in Virginia. I suspect, as well, that may aspects change from time to time, so you need someone who stays up on that issue.

I cannot cite details, but I believe just how attorneys can advertise or be certified I elder law differs greatly from one state to another.
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