Elder Law is a special area of the law that focuses on issues of particular relevance to senior citizens. In our practice this relates most often to long term care or Medicaid planning.
While some senior citizens are able to afford to pay privately for their long term care, for most families these costs will wipe out their savings in a relatively short period of time. Certainly one option to assist in the payment of these expenses is long-term care insurance.
Another option is Medicaid. Medicaid is an outgrowth of Title XIX of the Social Security Act of 1965. It is a joint federal and state medical assistance program for the aged, blind, and disabled. A Medicaid recipient receives benefits by way of payments made directly to his or her health care providers, such as doctors, hospitals, nursing homes, medical testing facilities, pharmacies and dentists.
A person qualifies for Medicaid if he or she is determined to be categorically or medically needy. Persons who are categorically needy are eligible only because they meet requirements relating to old age, blindness, or disability and are below certain asset and income levels. Medically needy persons qualify for eligibility because they have high medical bills and their remaining income and other resources are insufficient to meet them.
The Deficit Reduction Act of 2005, which went into effect in 2006, has made Medicaid eligibility even more difficult than in the past. There are a number of regulations regarding income, asset limits, look-back periods, transfer periods and waiting periods which need to be planned around
Our firm has the experience and expertise to assist you in both long-term and crisis planning in order to protect your assets and obtain Medicaid eligibility as soon as possible.