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The Deficit Reduction Act
In 2006, I worked with a Pennsylvania elder law attorney who had a Medicaid case involving a husband and wife, the Weatherbees. The institutionalized spouse, Mr. Weatherbee, entered a nursing home in September of 2006, and was expected to remain there indefinitely. After a resource assessment, Mrs. Weatherbee wanted to qualify her husband for Pennsylvania Medicaid benefits.
In order to eliminate the spend-down amount, pursuant to my suggestion, Mrs. Weatherbee purchased a Medicaid C ...
A spouse who continues to reside in the community after the other spouse has entered a long-term care facility is entitled to retain a portion of the couple's resources, known as the Community Spouse Resource Allowance ("CSRA").
The first step in calculating the amount of the CSRA is to perform a spousal resource assessment. This may be performed by the local Medicaid office. The elder law attorney who is advising the client on a spend-down plan needs to do this calculation as ...
In an Operations Memo dated January 7, 2009, Amy Mendel-Clemens, of the Division of Health Care Access and Accountability, discussed the implementation of the Deficit Reduction Act of 2005 ("DRA") rules as to Wisconsin.
As we all know, the DRA made major changes to the Medicaid divestment laws. These changes included a new divestment penalty period begin date, a longer look back period, new treatment options for multiple divestments, a requirement that penalty periods include partial mont ...
Prior to the Deficit Reduction Act of 2005 (DRA '05), only four states, including: California, Connecticut, Indiana, and New York, had Long-Term Care Partnership Programs ("LTC Partnership Programs). As a result of DRA '05, the Long-Term Care Partnership Programs were expanded to the remaining states.
The purpose of the LTC Partnership Programs is to develop creative solutions for long-term care financing. The LTC Partnership Programs combine the use of approved private LTC in ...
I facilitated a discussion at the first ever Wisconsin NAELA Chapter UnProgram on June 13, 2008, in Green Bay, Wisconsin on the subject of DRA. Four of the topics discussed are outlined below:
1. Medicaid Complaint Annuities – Community Spouse
In those states that have already passed the DRA legislation, in the majority of the states it is clear that if the community spouse purchases a Medicaid Complaint Annuity (“MCA”) with the spend-down amount, it is required that the primary benefici ...
With the passing of the Deficit Reduction Act of 2005 (“DRA”), in order for an annuity to be considered “Medicaid Compliant”, the annuity must be irrevocable, non-assignable, actuarially sound, provide for equal payments, and name the State as the primary beneficiary to the extent of Medicaid benefits provided to the institutionalized individual.
In the case of an individual, I have found that a Stand Alone Medicaid Compliant Annuity (“MCA”) may not offer an economic advantage to the individual ...
The Deficit Reduction Act of 2005 (“DRA”) was signed into law on February 8, 2006. It is important to note that all transactions prior to February 8, 2006, will be grandfathered and processed under the old laws. It is my opinion that the most significant part of DRA relates to gifting. In light of DRA, and the limitations imposed by it, it is now more important than ever that individuals consider purchasing Long-Term Care (“LTC”) Insurance as a means to protect all of their ass ...
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