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Resource Must Be Excluded if Applicant is Making Reasonable Effort to Sell

By Jill Roamer, J.D., CIPP/US July 7, 2022

Many states, in their state Medicaid rules, have an exception for counting an asset for..

Supreme Court Rules Medicaid Can Recoup Against Settlement Funds for Future Medical Payments

By Jill Roamer, J.D., CIPP/US June 15, 2022

The Supreme Court of the United States issued a ruling last week that dictates that a state’s..

Can Incompetency Clause in Revocable Trust Protect Assets from Medicaid Eligibility Consideration?

By Jill Roamer, J.D., CIPP/US May 26, 2022

A trigger trust, in the Medicaid-trust world, is one in which access to trust funds is removed once..

Consent Judgment Must be Honored Even Though Medicaid Qualification May Have Been a Motivating Factor

By Jill Roamer, J.D., CIPP/US May 13, 2022

A big part of elder law is helping clients get eligible for Medicaid since that government program..

Is Prior Occupancy Required to Have Home Excluded?

When qualifying for long-term Medicaid, there are asset and income restrictions. In many states,..

What Elements Must be Met for a Hardship Waiver?

By Jill Roamer, J.D., CIPP/US April 13, 2022

Federal law, specifically 42 U.S. Code § 1396p(c)(2)(D), dictates that a state must establish..

Applicant’s Funds Countable Notwithstanding Inability to Access Account

By Jill Roamer, J.D., CIPP/US March 31, 2022

What happens if a Medicaid applicant has funds in a bank account but cannot access those funds due..

Return on Investment Calculator Shows the Value of Your Services

By Jill Roamer, J.D., CIPP/US February 22, 2022

A powerful tool ElderCounsel members often utilize is the Return on Investment (ROI) Calculator...

California’s New Asset Rules

By Jill Roamer, J.D., CIPP/US February 3, 2022

Last August, we published a blog about California’s new Medicaid eligibility rules. Well, those new..

California, the Deficit Reduction Act, and Stacked Gifting

By Jill Roamer, J.D., CIPP/US January 19, 2022

The Deficit Reduction Act of 2005 (DRA) did many things. It implemented new whistleblower..

Ohio Appeals Court Rules on How Alimony Effects Available Income Calculation

By Jill Roamer, J.D., CIPP/US January 12, 2022

How is available income for Medicaid-eligibility purposes calculated in Ohio when the applicant..

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