Section Newsletters

Articles on Medicare and Medicaid

In-sites Government Lawyers, December 2008 This column has covered topics such as finding information about Medicare and researching safety ratings of nursing homes. On a related topic, we recently discovered a new e-newsletter for caregivers of those on Medicare.
Nationwide review of the Centers for Medicare & Medicaid Services Health Insurance Portability and Accountability Act of 1996 oversight by Office of Inspector General, Department of Health and Human Services Health Care Law, December 2008 On August 21, 1996, Congress enacted P.L. No. 104-191, the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Sections 261 and 262 of HIPAA established national standards that protect the confidentiality and integrity of electronic protected health information (ePHI) while it is being stored or transmitted between entities.
Should your LLC make an S election to save on social security and Medicare taxes? By Tracy J. Nugent Business and Securities Law, December 2008 Many factors are relevant in making the decision to elect S corporation tax status for an LLC, including whether the LLC qualifies to make the election, whether the LLC is likely to own, sell or refinance appreciating property, obtaining basis for loans to the LLC, the ability to adjust the LLC’s basis in it assets, and whether special allocations of income and expense items may be involved.
Another practitioner’s view on long-term care: From LTC insurance to the effect of the Deficit Reduction Act on “Medicaid Planning” By Frank Nowinski Elder Law, December 2007 What is “long term care”? Although there does not appear to be a universal definition, it has generally been defined as care provided on a regular basis for an extended period of time for a chronic condition, disability or ongoing illness.
Illinois Supreme Court to review the Fourth District Appellate Court’s decision in the Poindexter case By Constance B. Renzi Elder Law, December 2007 The Appellate Court of the Fourth District has recently held that the Medicare Catastrophic Coverage Act of 1988 (MCCA) neither expressly, nor implicitly preempts state spousal support statutes.
Judicial Medicaid Planning—Convincing the judge is easier than convincing DHS By Anthony J. DelGiorno Elder Law, October 2007 Generally, it can be presumed that senior citizens who have saved money their entire lives do not wish to see a lifetime of savings be lost because they need nursing home care.
N.Y. Court allows reformation of trust to confirm to grantor’s Medicaid planning intent By Steven C. Perlis Elder Law, May 2007 In the February 2007 issue of Elder Law Answers, the following case of note was reported:
Practice Alert: Special issues in the social security disability case—COBRA & Medicare, aka, Snake Oil Medicine By David R. Bryant General Practice, Solo, and Small Firm, March 2007 The Consolidated Omnibus Budget Amendment Act of 1985 (COBRA) added ERISA Title I, Part 6, requiring that the sponsor of a group health plan make continuation coverage available to employees, spouses, ex-spouses, dependents, and others for periods of 18 to 36 months following an event that might otherwise result in loss of coverage.
Spousal elections in Medicaid planning By Martin W. Siemer Elder Law, February 2007 Elder law practitioners experienced in Medicaid planning should be familiar with the spousal impoverishment provisions of the Medicaid program.
The effects of the Debt Reduction Act on Medicaid By Michael C. Wiedel Trusts and Estates, November 2006 In an effort to save a little money, comparatively speaking, the U.S. Congress has sacrificed the interests of the disabled and elderly poor for more exciting ventures.
Introduction to OBRA ’93 Self-settled Special Needs Trusts By Heather McPherson Elder Law, May 2006 Self-settled Special Needs Trusts are an important tool to use to qualify an individual for public benefits such as Medicaid, Supplemental Security Income (SSI), or subsidized housing when he could not otherwise qualify for these benefits because his assets exceed certain threshold limits.
Assistance with the Medicare D prescription drug program—Representatives and agents under Power of Attorney By Michael H. Erde Elder Law, February 2006 Beginning November 15, 2005 Medicare recipients were eligible to enroll in the new Medicare Part D, the prescription drug program.
Pending Illinois Supreme Court case of first impression—Medicaid estate recovery against surviving spouse’s probate estate By Steven C. Perlis Elder Law, February 2006 The Elder Law Office of Steven C. Perlis and Associates, P.C. represents the Executor as Appellee in the Illinois Supreme Court in Hines v. Illinois Department of Public Aid, 358 Ill.App.3d 225, 831 N.E.2d 641, 294 Ill.Dec. 691 (App. 3rd Dist. 2005).
Elder notes Elder Law, November 2005 Small estate affidavit revision. Last year’s increase for small estate affidavits to $100,000 from $50,000 applies to all documents executed after August 6, 2004, regardless of when the decedent died, pursuant to Public Act 94-57.
Medicaid lien not recoverable against spouse’s estate By Brian L. McPheters General Practice, Solo, and Small Firm, November 2005 A recent opinion, not yet released for publication, in Hines v. Department, of Public Aid ,358 Ill. App.3d 225, 831 N.E.2d 641, 294 Ill.Dec 691, 2005 WL 1218677 (Ill. App. 3 Dist.) contains a holding that is of great interest to general practitioners and any attorney dealing with probate or elder law issues.
Medicare Prescription Drug Plan: Do you have your kit? By Marc R. Miller Elder Law, November 2005 It’s here. The Medicare Prescription Drug, Improvement and Modernization Act has arrived and is being implemented.
Concierge care characteristics and considerations for Medicare Health Care Law, September 2005 Editor's Note: "Concierge care," as an emerging form of private medical practice, has generated controversy. In its August 12, 2005 report, "Concierge Care Characteristics and Considerations for Medicare, (GAO-05-929) the Government Accountability Office examined concierge care and analyzed its relationship with the Medicare program.
Limitations on community spouse assets By Edward J. Mitchell Elder Law, March 2005 The Appellate Court in the Second District recently issued an opinion in Harris v. Department of Human Services.
Recent legislation allows reassignment of Medicare payments: Medical groups hiring physicians as independent contractors now permissible By A. Jay Goldstein, Julie Sirlin Pleshivoy, & Robert N. Kamensky Business and Securities Law, December 2004 The recent Medicare Prescription Drug, Improvement, and Modernization Act of 20031 (the "Act") does much more than establish a prescription drug benefit under the current Medicare laws and guidelines.
Dealing with life insurance in Medicaid eligibility planning By Wesley J. Coulson Elder Law, June 2004 Because the Illinois Medicaid eligibility manual (PM 07-02-07) severely limits ownership of life insurance policies by a prospective applicant for Medicaid long-term care benefits, it is often necessary to divest ownership of such policies.
Medicaid application tips By Mark Haney Elder Law, June 2004 A recent encounter with a 28-year veteran DHS Intake Worker caused me to realize that it pays to know the rules when you or your assistant attends a Medicaid application interview.
What can Kansas teach us? Casenote-Beware of spousal marital rights of election By Greg Johnson Elder Law, June 2004 Testamentary trust principal can easily be considered an available asset to a Medicaid applicant if the Medicaid applicant is considered to have access to the principal because of a failure to elect a marital share.
Medicare changes enacted Health Care Law, December 2003 [Editor's Note: Congress has passed sweeping changes in the Medicare program, including the controversial prescription drug benefit. Reprinted here is a summary of the final legislation as set out in the Conference Agreement of November 21, 2003].
Handling Medicare issues in workers’ compensation claims By Bradford J. Peterson Workers’ Compensation Law, September 2003 For the last several years, a flurry of activity has arisen regarding the federal government's enforcement of the Medicare Secondary Payor Statute 42 USC §1395y(b) (hereinafter MSP).
The impact of the Medicare and Medicaid reimbursement rates on the quality of care for long-term residents By Lee Beneze Elder Law, September 2003 One of the great pressing issues facing the nation today is that of the cost of health care, including its growing impact on federal and state budgets.
Storm warnings for Medicaid planners By Mark Haney Elder Law, April 2003 ATTORNEYS BEWARE. There's a "storm" on the Medicaid planning horizon blowing in from the East Coast, in particular, from Connecticut
The use of caregiver services contracts in Medicaid eligibility planning By Wesley J. Coulson Elder Law, June 2002 It is frequently the case that before someone enters a nursing home, that person receives home care from a spouse, child, or other family member.
Lawyer’s nightmare: taking care with Medicare liens By David Spagat General Practice, Solo, and Small Firm, March 2000 As a solo and/or general practitioner, from time to time we may be retained by a senior who would like to be compensated for his/her injuries and losses brought about by the negligence of another.
Medicaid planning for ill spouse By Steven C. Perlis Elder Law, March 2000 Often the practitioner is faced with a situation where an ill spouse has already been approved for Medicaid and the well spouse wants to know if any more estate planning is needed.
Victory in attempted involuntary transfer of Medicaid-pending client By Steven C. Perlis Elder Law, March 2000 Two years ago, this office took the case of a resident of a nursing home who faced a transfer despite the fact that the application for Medicaid was pending.

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