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Category Archive for 'Title 19 Medicaid'

In Connecticut an owner of real property can can transfer ownership of their property by a quit claim deed of the property to another person(s) and retain a life use, allowing them to continue living in the home until their death.  This avoids probate of this real property.  For Medicaid/Title 19 eligibility purposes this transfer […]

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Funding was allocated for 25 additional positions at DSS to assist with long term care applications.  P.A. 14-47 Applications have been taking several months to a year to be processed.

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The next CNV meeting will be on Wednesday, May 14, 2014 from 11:30 am – 1:00 pm at the Harold Leever Regional Cancer Center located at 1075 Chase Parkway, Waterbury, CT. 06708. We will be in the ground floor conference room. The speaker will be Monica Milles, Eligibility Services Supervisor of the Department of Social […]

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The next CNV meeting will be on Wednesday, May 8, 2013 from 11:30 am – 1:00 pm at Village at East Farms, 180 Scott Road, Waterbury, CT. Please RSVP to Randi Bellemare at rbellemare@benchmarkquality.com or 203-757-7660. The topic will be presented by Attorney Julia M. Brown, Law Office of Julia M. Brown, LLC on “Basic […]

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THE CRITICAL STEPS TO AVOID A LONG TERM CARE CRISIS

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In a recent Federal Court case, the Community Spouse (C.S.) was allowed to receive over $2,000.00 a month of income from an immediate single premium annuity she bought with excess assets.  This annuity complied with the DRA 2005 requirements. Legal finding: The Federal Court found in favor of the C.S. DSS treatment of annuity as […]

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Title: Nursing Homes, Assisted Living, Hospitals and Skilled Nursing: Navigating the Legal, Financial and Insurance Maze Location: Waterbury Hospital, Wednesday, September 29, 5 p.m.-7 p.m. Speaker: Julia Brown, Accredited Veterans Claims Specialist by the Veterans Administration, Law Office of Julia M. Brown, Waterbury, CT One of the biggest challenges facing many people as they advance […]

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The transfer penalty amount has been increased from $9,959.00 to $10,366.00.  This new figure will be used when calculating the penalty period for T19 applications filed on or after July 1, 2010 and for T19 recipients who became institutionalized on or after July 1, 2010.

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The Community Spouse can keep the maximum amount of allowed assets which as of January 2010 was $109,560.00. AN ACT CONCERNING MEDICAID LONG-TERM CARE COVERAGE FOR MARRIED COUPLES.  S.B. 370, PA 10-73 is effective May 27, 2010.

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Substitute Senate Bill 360, AN ACT CONCERNING MEDICAID LONG-TERM CARE COVERAGE FOR MARRIED COUPLES, states: Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective from passage) Notwithstanding any provision of subsection (g) of section 17b-261 of the general statutes, the Commissioner of Social Services shall amend […]

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A RAM is a home equity loan that allows certain seniors (generally age 62 and older) to convert some of the equity in their homes to cash and still retain ownership. Generally, the homeowner (or the homeowner’s estate) repays the lender the loan amount plus interest when he or she dies, sells, or moves out […]

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Reverse Mortgage/Home Equity proceeds excluded. CT Legislators just passed a bill that allows those applying for or on the CT Home Care Program for Elders to exclude loan proceeds from a reverse mortgage, home equity loan or other loan instrument from being counted as assets or income.  After the DRA 2005 these proceeds have been counted as income and many people have not received home […]

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A community spouse will be able to retain the maximum amount of assets as provided by federal law.   CT ‘s current law only allows a community spouse to keep one-half of the assets or $109,560 in 2010, whichever is less. Under the new law, a community spouse will be able to keep all the assets up to […]

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Medicaid Spend down allow Community Spouse to keep assets to provide for themselves.

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The look-back date for transfers of assets is a date that is 60 months before the first date on which both of the following conditions exist:  1. the individual is institutionalized; and 2. the individual is either applying for or receiving Medicaid.

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Attorney Julia M. Brown will discuss the importance of advance planning, essential legal documents and what’s available to pay for long-term care at a free program open to the public on Thursday, May 6 at 2 p.m. This presentation takes place at the Jewish Federation, 444 Main St. North in Southbury. Attorney Julia M. Brown, […]

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Penalty period for an applicant for transfers made on or after 2/8/2006 will generally begin as of the date in which the individual is eligible for Medicaid and would otherwise be eligible for payment of long-term care services under the Medicaid program based on an approved application, and which does not occur during any other period […]

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Penalty period for a Medicaid/Title 19 for a long-term care services applicant for transfers made on or after 2/8/2006 will generally begin as of the date in which the individual is eligible for Medicaid and would otherwise be eligible for payment of long-term care services under the Medicaid program based on an approved application, and which does […]

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In Connecticut the Medicaid programs are often referred to as Title 19 or “state”.  The Medicaid programs for elders are those that specifically provide services to the elderly (persons over the age of 65) who are in need of long-term care services.   Connecticut provides Medicaid to the “medically needy” coverage group those in a Nursing Facility and provides home health and […]

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Very few assets can be kept by the applicant and their spouse (the community spouse) in order to qualify for long-term care coverage under the Title 19 program.  The following are the assets they may keep: The primary residence provided the community spouse lives there. An irrevocable, pre-paid Funeral Contract up to $5,400 for the applicant […]

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For transfers prior to February 8, 2006, the effective date of the Deficit Reduction Act,  the look back period is 36 months other than for trusts.  For transfers after February 8, 2006 the look back is 60 months for all transfers not just for trusts.

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The “home” can be treated as an exempt asset.   The “home” is real property that: was used as a principal residence of an individual prior to institutionalization; is used as a principal residence of the community spouse or is used as the principal residence of an individual receiving Medicaid home and community-based services.

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People often have assets well in excess of what they are allowed to keep and qualify for Title 19.  Therefore, they must “spend down” their assets to the amount allowed.  Oftentimes spend down is made for: a burial plot, funeral contract or car, making home repairs paying off credit card or other debts, paying for […]

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DSS is now required to submit CMS and other status reports to the Legislature. This will help keep the Legislature informed regarding changes, delays, deferment of the MFP. PA 09-17, effective 7/1/2009

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Effective July 1, 2009 the use of SNT is authorized under the AABD program to reduce the countable income of certain individuals who live in resdiential care homes.  PA09-73

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On October 26, 2007 Attorney Brown was a featured speaker at the CT NAELA (National Academy of Elder Law Attorney’s) seminar for Connecticut Elder Law Attorney’s on “Connecticut’s DRA Regulations: Implementation and Strategies”.

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On August 6, 2007 Attorney Brown was a featured speaker at, “Medicaid Update 2007, Safeguard the best interests of your clients: Understand the changes” ” a program designed for attorneys, social workers, nursing home administrators, accountants, financial planners and others who regularly handle these issues and who want to learn more about elder law.

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Major areas of change to Medicaid long term care program Increase in the look-back period Beginning date of penalty period changed Recovery against transferees Undue hardship criteria and claim Return of assets and penalty period Annuities Cap on equity in the home Interests in Continuing Care Communities Income streams as assets Post eligibility transfers by […]

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