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Qualified Income Trusts (also known as Miller Trusts or a QIT) are necessary when the Medicaid applicant has more gross monthly income that the state’s income cap. This year (2024), the income cap in most states where this rule applies is $2,829 (three times the SSI monthly benefit of $943). This number changes on the […]

People often visit us and ask about using a trust to protect assets in the event they go to a nursing home. They are asking about trusts that don’t count toward Medicaid eligibility and protect their assets. Although the name at the top of the document is unimportant, these are frequently referred to as Medicaid […]

People regularly ask us whether they should use a trust to protect assets in case they go to a nursing home. The answer is, … maybe. If your crystal ball can predict the future, then we can answer that question with certainty (our crystal ball doesn’t work). Medicaid has rules that apply to any trust […]

On September 17, 2023, David L. McGuffey recorded a video for ezelderlaw.com regarding Financial Eligibility for Georgia Medicaid in 2023. Mr. McGuffey anticipates updating the video for 2024. If you’re interested in see the video, you can view it HERE.

The Kaiser Family Foundation (KFF) recently updated its Medicaid Enrollment and Unwinding Tracker. The tracker was originally published on May 3 and is updated regularly as new data becomes available. As of July 28, 2023, at least 3,816,000 individuals have been kicked off of Medicaid. This amounts to a shocking 38% of people who have […]

On June 1, 2023, KFF Health news reported that more than 600,000 Americans have lost Medicaid coverage since pandemic protections ended on April 1, 2023. During the pandemic, Medicaid programs were prohibited from dropping any covered individuals. But now that pandemic protections have ended, States are back to performing normal pre-pandemic annual reviews. It is […]

The short answer is “no.” Although the Department of Community Health takes a contrary position, Georgia law does not support their position, at least unless the legislature changes the law. O.C.G.A. § 33-25-11 Cash surrender value and proceeds of life insurance policies and annuity contracts not liable to attachment, garnishment, or legal process in favor […]

The Supreme Court has agreed to hear a case over the Trump administration’s push for Medicaid work requirements, though the issue could be moot when President-elect Joe Biden takes office. https://thehill.com/policy/healthcare/medicaid/528879-supreme-court-to-hear-case-on-trumps-push-to-impose-medicaid

Filial responsibility is a name given to laws that make third parties (usually adult children) responsible for support for indigent family members. These laws are based on English “poor laws” from the 16th Century. Many states, including Georgia, have these laws on the books. Georgia’s version, however, has been a toothless tiger for the most […]

CMS has published the 2017 Spousal Impoverishment Standards at: https://www.medicaid.gov/medicaid/eligibility/downloads/spousal-impoverishment/2017-ssi-and-spousal-impoverishment-standards.pdf

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