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Pointers for Picking an Assisted Living Facility Time Magazine Recognizes Elder Law Attorneys Absent Care Plan, Man Takes Wife's Life Then His Own Durable Power of Attorney Medicare Spending for Home Care Drops 45 Percent Is Assisted Living Industry Cracking under Financial Strain? Medicare Charges to Increase Somewhat in 2001 New Budget Provides CPR for Medicare HMOs Feds Unleash Campaign Against Substandard Nursing Homes Massachusetts Adopts Tough Policy on Medicaid Fraud New Law Changes Financial Powers of Attorney Nursing Home Laws Protect Residents Dollar Protections for the Spouses of Nursing Home Residents Rise Poll Reveals Deep Divide on Medicare Reform Cover Letter, Estate Tax Planning, Couple Explaining the Application Client Intake Form Irrevocable Funeral Trust Release and Authorization Document Execution Policy Fee Agreement Intake Procedures Style Sheet Client Questionnaire Estate Planning Terms Guardianships Cover Letter, Single Client, No Estate Tax Health Care Proxies Resident Rights Telephone Protocol Confidentialty Policy Personnel Policy Alternative Gift Making Powers Durable Power of Attorney Limited Durable Power of Attorney Do Not Resuscitate Consent Health Care Power of Attorney Health Care Proxy 1 Simple, Income-Only Trust "(d)(4)(A)" or Under-65 Disability Trust Revocable 3d-Party Supp. Needs Trust "Sole Benefit" Trust Changes in Public Benefits Numbers Health Care Proxy 2 Revocable 3d-Party Supp. Needs Trust Bill Threatens Nursing Home Enforcement Mass. High Court Rules: Trust Principal Not Countable as a Medicaid Resource Jury Slaps Nursing Home With Record Verdict Are Medicaid Patients 'Second-Class Citizens'? Who Is Paying Estate Taxes? Itemized Deductions for Long-Term Care Insurance Premiums Increase in 2001 Income and exclusions from income Earned income and unearned income Eligibility for benefits Amount of benefits Individuals deemed to meet resources test Period for determination of benefits Individuals outside United States; determination of status Individuals deemed to meet income test Application and review requirements for certain individuals Basic entitlement to benefits Entitlement to benefits Statement of purpose; authorization of appropriations Authorization of appropriations Criminal penalties, health care programs Disposition of resources; grounds for exemption from disposition requirements Resources Definitions Notification of medicaid policy restricting eligibility of institutionalized individuals for benefits based on disposal of resources for less than fair market value Exclusions from resources Funds set aside for burial expenses "Eligible spouse" of disabled individual Child Application of State law United States Deemed income of disabled individual who is married, or under 18, an alien, or whose spouse or parent is absent Financial Web Sites Calculate Your Ability To Retire Rehabilitation for blind and disabled Supplementary assistance by State Exclusion of cash payments in determination of income Agreement between Commissioner and State; contents Residence requirement by State; disregarding income by State Payment to Commissioner by State for expenditures by Commissioner as supplementary payments Rehabilitation services for blind and disabled individuals Cost-of-living adjustments State standards; establishment; annual public review; annual certification; payments to individuals Cost-of-living adjustments in benefits Eligibility; agreement with Commissioner Levels of supplementary payments Passthrough relating to optional State supplementation Election to apply subsection (a)(4) Determinations respecting any portion of period July 1, 1980, through June 30, 1981 Mandatory pass-through of increased personal needs allowance Payments to States Meeting subsection (a)(4) requirements for any month after March 1983 Benefits for individuals who perform substantial gainful activity despite severe medical impairment Substantial gainful activity Services for handicapped persons State allotments Authorization of appropriations for pilot program Reports Rules and regulations Requisite features of State plans Payments to States; computation of payments Sponsor's income, resources to aliens Attribution of income of sponsor and resources to aliens Sec. 1382k Procedure for payment of benefits Benefits shall be paid to best effectuate the purposes of this subchapter, as determined under regulations Commissioner to establish ranges of income for payment of benefits Immediate payment for emergency or presumptively blind or disabled individual Blindness or disability ceases, payments to cease after two months Blindness or disability ceases, payments continue to individual participating in a program of vocational rehabilitation services Blindness or disability ceases; payments to continue pending a review or hearing; overpayments Payment to begin within 110 days following determination of disability by administrative law judge Effect, on payment of benefits, of refusal to accept victim compensation Individual eligible for past-due monthly benefits Procedures applicable; prohibition on assignment of payments; representation of claimants; maximum fees; penalties for violations Overpayments and underpayments; adjustment, recovery, or payment of amounts by Commissioner Hearing to determine eligibility or amount of benefits; subsequent application; time within which to request hearing; time for determinations of Commissioner pursuant to hearing; judicial review Administrative requirements prescribed by Commissioner Payment to homeless Reduction of benefits to individual for noncompliance with requirements Furnishing of information by Federal agencies Payment of certain travel expenses Reimbursement to States for interim assistance payments Unnegotiated checks; notice to Commissioner; payment to States; notice to States; investigation of payees Application and review requirements for certain individuals Special notice to blind individuals with respect to hearings and other official actions Pre-release procedures for institutionalized persons Concurrent SSI and food stamp applications by institutionalized individuals Notifications to applicants and recipients Notice requirements Liens, recoveries, transfers of assets Imposition of lien against property of an individual on account of medical assistance rendered to him under a State plan Adjustment or recovery of medical assistance correctly paid under a State plan Treatment of trust amounts Definitions In the Matter of Santiago v. Melamud Murphy v. Secretary of Health and Human Services Fortier v. Thomas In the Matter of the Estate of Edel Giles v. Sparkman Residential Care Home, Inc., et al. Pioneer Life Insurance Co. v. Heidenfeldt Genser v. Thomas Manton v. Bank Boston Autrey v. 22 Texas Services, Inc., et al. Santiago, et al, v. Craigbrand Realty Corp., et al Kryzsko v. Ramsey County Social Services In Re the Conservatorship Brady Bonta v. Baker Treatment of income and resources, spouses Special treatment for institutionalized spouses Rules for treatment of income Rules for treatment of resources Protecting income for community spouse Notice and fair hearing Permitting transfer of resources to community spouse Indexing dollar amounts Definitions Conservatorship of Gregory Troxel et vir. v. Granville Aberjona Nursing Center, Inc., v. Charles E. Porter, Jr. Erie County Retirees Association and Lyman H. Cohen v. the County of Erie, Pennsylvania Rideout v. Riendeau Jackson v. Tangreen Transfers of Assets and Treatment of Trusts Schism v. U.S. Scott v. Scott In the Matter of the Guardianship of Esther L.K. In the Matter of the Guardianship of Roland S. Rice In the Matter of Ruth Chandler Peskin v. Seasons Health Care, et al In the Matter of the Estate of Moring In the Matter of the Estate of Warfield Somberg v. Florida Convalescent North Bend Senior Citizens Home v. Cook Congress Approves Estate Tax Repeal—At Least for One Year Congress Approves Estate Tax Repeal—At Least for One Year Meredith v. Callahan Nichols v. Preferred National Insurance Co. In the Matter of Evelyn O. In re Marriage of Perry The Central Trust Bank v. Scrivner Estate of Milstein v. Ayers Nash v. Schock Shaak v. Penn. Dept. of Public Welfare Special Care Nursing Services, Inc. v. Fox United Seniors Association, et al v. Shalala In the Matter of the Estate of Lint Kenavan, et al. v. Empire Blue Cross and Blue Shield In the Matter of the Guardianship of Joseph P. In the Interest of E.Z. Transfers of Assets for Less Than FMV Effective Date Look-Back Date and Look-Back Period Individuals To Whom Transfer of Assets Provisions Apply Treatment Of Income As Asset Penalties for Transfers of Assets for Less Than Fair Market Value Life Estates Treatment Of Jointly Owned Assets Annuities Transfers of Assets and Spousal Impoverishment Provisions Penalty Periods Exceptions to Application of Transfer of Assets Penalties Taking into account certain transfers of assets Administrative requirements prescribed by Commissioner; criteria; reduction of benefits to individual for noncompliance with requirements; payment to homeless Payments of the benefit may be made to Aged, blind, or disabled In determining the income of an individual (and his eligible spouse) there shall be excluded Limitation on eligibility of certain individuals LIFE ESTATE AND REMAINDER INTEREST TABLE Treatment of Trusts Transfers of Assets and Treatment of Trusts Criminal penalties for acts involving Federal health care programs In Re: L.R. Estate Recoveries, Contributions from Relatives Fisher et al. v. Toombs County Nursing Home In Re Estate of Ellen M. Sanders In Re Branning McIver v. Krischer Ficke v. Evangelical Health Systems Burinskas v. Dept. of Social Services Beechwood Sanitarium v. DeBuono Matter of Cedeno Matter of Johnson and Smith Peebler and Nay v. Reno NEW FROM THE COURTS: State Law Claims Against HMO Not Preempted by Medicare Act Talbot v. Lucy Corr Nursing Home, et al Tetrault v. Mahoney, Hawkes & Goldings Abreu, et al v. Callahan Barnard v. Erskine Gilmore v. Harte Denton v. American Family Care Corp, et al. Pouser v. Pouser State Farm Automobile Insurance Co. v. State of California In the Matter of the Guardianship of Edna M.F. Krischer v. McIver NYC Dept. of Social Services v. Spellman In re Barbara Hertsberg v. Dept. of Mental Health Grijalva v. Shalala Clark v. Wade Cleary v. Waldman Winkler, et al. v. Interim Services, Inc. d/b/a Interim Healthcare HCFA Offers Guidance on ‘Homebound’ Definition New Tax Law Makes It Easier to Save for Retirement ElderLawAnswers.com Launches New Attorney Home Page Trusts Established Prior to 1/1/00, Trusts Established by Third Parties and Trusts Not Subject to Section 1613(e) of the Social Security Act Trusts Established by an Individual on or after 1/1/00 Development and Documentation of Trusts Established on or after 1/1/00 Exceptions to Counting Trusts Established on or after 1/1/00 HCFA Changes Its Name MC Plans Given More Time to Decide Whether to Dump Medicare Estate Recoveries, Contributions from Relatives Department of Medical Assistance Services Virginia Public Welfare and Assistance Law Public Assistance New Jersey Medical Assistance and Health Services Act Medical Assistance for Needy Persons Public Assistance Manual Medical Assistance Medical Assistance for Needy Persons Alabama Medicaid Agency Medi-Cal Act Medical Assistance to Elderly Persons CareScout Launches New Assisted Living Database NH High Court Rules SNT Without Named Beneficiaries Is Irrevocable CareScout Launches New Assisted Living Database Savings Site Features More Than 100 Financial Planning Calculators AOA Issues Key Facts About U.S. Elderly Legal Aliens Successfully Challenge NY's Medicaid Law Related New Jersey Medicaid Regulations New Jersey Administrative Code New New Jersey Medicaid Regulations Are Here Public Welfare and Assistance Arizona Long-Term Care System Colorado Medical Assistance Act Medical Assistance Medical Assistance Needs Allowance Increases July 1st Grandparent and Unrelated Mother Are ‘Related By Blood’ Through Child Needs Allowance Increases July 1st In re L'Allier O'Callaghan v. Commissioner of Social Services In the Matter of St. Luke's-Roosevelt Hospital Center McCall v. Pacificare of California, Inc. Davis v. Pennsylvania Dept. of Public Welfare Crawford v. Care Concepts, Inc. Turner v. Lewis Clark v. Iowa Department of Human Services (Iowa Notices for Trusts Established on or after 1/1/00 New Study Views the ‘Sandwich Generation’ From a Multicultural Perspective Property That May or May Not Be a Resource MSP Claims Are Subject to Limitations Period of Federal False Claims Act Manning v. Utilities Mutual Insurance State Public Assistance Code District of Columbia Medical Assistance Program Rules of Department of Medical Assistance Your Estate and Retirement Plans May Need Revising After New Tax Law Division of Medical Assistance New Jersey’s Grandparent Visitation Statute Unconstitutional As Applied Wilde v. Wilde Werdein v. Johnson Golf v. N.Y. State Dept. of Social Services Silver Circle v. Thomas Kopecky v. Lamar In the Matter of the Guardianship of Standel v. Standel In the Matter of Janczak Goldstein v. St. Paul Fire & Marine Ins. Co Keefe v. Shalala English v. Britt Arizona Health Care Cost Containment System (AHCCCS) Arizona Long-Term Care System Health and Family Services, Medical Assistance Georgia Medical Assistance Act of 1977 Medical Assistance Medical Assistance Medicaid Medical Assistance Programs Elliott v. Nash The New Medicare Drug Discount Card In the Matter of the Estate of Bross Shaw v. PACC Health Plan First Healthcare Corp. v. Rettinger Connor v. Southwest Florida Regional Medical Center Mulvanity v. Pelletier Jordan v. Stephens Barry Harlem Corp. v. Wright Hagan v. Shore Pfaff v. Shoup Matter of Lauda Downhour v. Somani Stephenson v. Shalala Canter v. Commissioner of Public Welfare Matter of Siegel Medical Assistance Medicaid Services Nursing Home May Be Liable for Aide’s Assault on Patient Medical Assistance Program Medicaid Eligibility State of Texas v. Farris Matter of Loccisano Matter of Claiman In Re Guardianship of Mason Guardianship of Enos Latham v. Young Grijalva v. Shalala In Re: E.B. Podolsky v. National Medical Enterprises Wimley v. Rudolph Ardary v. Aetna Health Plans of California Nevada Revised Statutes Subject Index: Medicaid Act 280 Medical Assistance for the Aged Conservator May Not Amend Trust Created by Now-Incompetent Settlor Medical Assistance for the Aged; Medicaid Public Assistance Law Supreme Court to Hear ‘Income First’ Case Regions Bank & Trust Co. v. Stone County Skilled Nursing Facility, Inc. Public Aid and Assistance Medical Assistance Programs Maryland Medical Assistance Program Justice Dept. Sides with Medicaid Recipients on Enforcement Medical Care for the Aged MinnesotaCare Thomas v. Commissioner of the Division of Medical Assistance Aid to Needy Persons Old Age Assistance, Aid to Dependent Children and General Relief Oklahoma Statutes Medicare Reviewers Ordered to Disclose Their Results In re Guardianship & Conservatorship of Garcia Public Citizen, Inc. v. Department of Health and Human Services, et al. Health Care Power of Attorney Rights of the Terminally Ill Act Rights of Nursing Home Patients Medical Assistance Probate Practice and Procedure Medical assistance; estate recovery program High Court to Examine ERISA’s Impact on State-Mandated HMO Reviews Long-Term Care Resident Rights Public Assistance Medical Assistance Medical Assistance and Services Medical Assistance Medicaid Agency Not Obliged to Track Down Missing Information Home Health Agency Had No Duty To Recommend Higher Level of Care Report Finds Gaps in Medigap Kirtley v. Truly Devoted Care of Texas, Inc. Court Voids Husband's Trust That Terminates Income If Wife Remarries Estate of Guidotti Glover v. Southard In the Matter of the Estate of Lindgren Easley v. Snider Southport Manor Convalescent Center, Inc. v. Kundrath Hecker v. Stark County Social Service Board Estate of Campbell Conservatorship of the Person and Estate of Susan T. Paulson v. County of De Kalb Rizzi v. Shalala John Miller and Ben Miller, Guardians ad litem of Sylvia Kyro v. Frederick, et al. Husband’s Use of POA to Assign Wife’s Support to State Is ‘No Brainer’ Report Uncovers Rampant Abuse in U.S. Nursing Homes Burnett v. Drake Center, Inc. Helen L. v. DiDario In the Matter of the Guardianship of Ms. T. In the Matter of Gordy Franklin v. Arkansas Department of Human Services Hoppe v. Kandiyohi County Successful Medicaid Petitioner Not Entitled to Attorney’s Fees Forsyth v. Rowe Hagopian v. Zimmer State of Iowa v. Johnson Kaye v. State of Florida Segal v. Southwest Regional Transit Authority In Re Schmidt Miller v. Currie First Healthcare Corp. v. Rettinger Tarin v. Bullen S.M. v. A.W. Rust v. Buckler Bente v. Hill C.C. and V.C. v. A.G. In the Matter of Annette Voshel and Harold Voshel In Re the Marriage of Kelli Yvette Mitchell and Lyle Lloyd Mitchell MacDonald v. Quaglia Matter of the Estate of Alf. A. Lien Phillips v. Najar Fletcher v. Fletcher Frerks v. Shalala Thomas J. Cleary, et al. v. William Waldman, et al. Johnson v. Lih Whitford v. Gaskill Austwick v. Legal Advocacy Service In the Matter of the Guardianship of Ruth E. J. v. Ruth E. J. In re Guardianship of Way v. Way The Estate of Austwick v. Murphy Award From Vaccine Program Is Subject to Medicaid Lien Lutheran Brethren Retirement Services, Inc. v. Ness Zinman v. Shalala Henry, et al v. Isaac SITE UPDATE: Database of State Statutes and Case Summaries Grows Required Distributions from Retirement Plans Unpaid Nursing Home May Bring Action on Conservator's Probate Bond The Jewish Home for the Elderly of Fairfield County, Inc. v. J. Michael Cantore, Jr., et al. Principal of Pre-OBRA Trust Is Not Available Asset New Minimum Distribution Rules Added to Site Conservator May Not Withdraw Life Support From Conscious Conservatee Wendland v. Wendland Wendland v. Wendland New Medicaid Waiver Program Threatens Elderly, Disabled Recipients HHS Broke Medicare Law in Extending MC Plan Deadline, Court Finds Attorney-in-Fact’s Payments Not Deductible From Principal’s Estate SSA’s POMS Now Online O’Neal v. U.S. Doe v. Rowe Gray Panthers Project Fund v. Thompson Court of Appeals Rules State Lacks 11th Amendment Immunity From Medicaid Suit Father’s Trust for Disabled Daughter Is Countable In re Senior Care Properties, Inc. Foster v. Life Insurance Co. of Georgia In the Matter of Gloria R. Emerson v. Adult Community Total Services, Inc. Board of Education of Montgomery County v. Browning In re Jimmie L. Grkman v. Pennsylvania Department of Public Welfare Wagner v. Fair Acres Geriatric Center Wagner v. Fair Acres Geriatric Center Claim Under Converted Policy Not Preempted by ERISA Medical Assistance Medicaid Workers’ Testimony Is Sufficient to Prove Moneys Expended on Decedent CMS Proposes Regs Upholding Income-First Rule Federal Court Blocks Bush’s Discount Drug Plan College Savings Plan Now Completely Tax-Free Grandmother’s Rights Survive Termination of Parents’ Rights TennCare Consent Decree Applies to Non-Party MCOs Fraizer v. Velkura Waks v. Empire Blue Cross/Blue Shield ElderLawAnswers Partners With LTC Accrediting Body Is Your Long-Term Care Insurance Agent Certified? Illinois’ ‘Narrowly Drawn’ Visitation Statute Is Constitutional 529 Account Earnings Now Completely Tax Free IRS Simplifies Minimum Distributions From Retirement Accounts State Law Questions Remain in Ohio Income-First Case In re Marriage of Mehring Knight v. Beverly Health Care Bay Manor George v. Ohio Dept. of Human Services Nursing Home and Home Health Cost Survey Court Favors Contemporaneous Accounts of Donor’s Mental State Landmark Trust (USA), Inc., v. Goodhue, et al Jenkel v. Shalala In the Matter of J.S. In the Matter of Cohen Myers v. Kansas Department of Social Services and Rehabilitation Services Francis J. v. Wright American Healthcare Center v. Randall Varshavsky v. Perales McCartney v. Columbia Heights Nursing Home, Inc In the Matter of Aitken Pogharian v. Secretary of Health and Human Services State of Oregon v. Bryant Villanella v. Godbey Agency That Delayed Investigating Nursing Home Abuse Is Immune SSA Makes Possible Online Submission of Comments Costa v. Department of Public Health, et al. In re Guardianship and Conservatorship of Piller Epperson v. Epperson Cal. Court Says G-parents Seeking Visitation Must Prove Harm to Child National States Insurance Co. v. Smith Olson v. Chippewa County Social Services Medical Society of the State of New York v. State of New York Department of Health In re E.R. Russell v. Kossover Miller v. Miller Kisselbach v. County of Camden ‘Initial’ Medicaid Application Does Not Mean ‘Most Recent’ Medicaid Underfunds Nursing Home Care By $3.5 Billion Testamentary Payment for Care Not Adeemed by Sale of Real Estate In Re the Estate of Lund Iowa High Court Endorses Parents’ Right to Choose on Visitation