People regularly ask us whether they should use a trust to protect assets n 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 […]
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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 […]
The short answer is “yes, you can” sell your house. However, there may be consequences. A home is usually an exempt resource when you apply for Medicaid. Cash from the sale of a home, is not exempt and counts toward your $2,000 resource limit. Therefore, if you sell your home, you must report the sale to […]
As of July 1, 2016, the Georgia DHS is changing the way Home and Community Based Services are awarded. Home and Community-Based Services are services that help older Georgians live safely, healthily and independently in their communities. The services are funded through the Older Americans Act and include home-delivered meals, personal care assistance, homemaker services […]