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Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review July 31, 2006 / 6 Menachem-Av, 5766

Getting your share of Medicaid

By Jan L. Warner & Jan Collins


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http://www.JewishWorldReview.com | Q: After my father died, my mother lived alone for several years before falling, breaking a hip, having surgery, having a stroke and being put in a nursing facility for rehabilitation.


Even though she needed help with everything, she wanted only to come back home to live. Because she had no one else to depend on, my wife and I moved into her house to help take care of her, and eventually we sold our home. My wife quit her job since Mom needed 24-hour care and we could not afford to hire anyone.


Because Mom's income from Social Security was not enough to take care of all of her needs, we have been using our savings to help her. That was nearly four years ago, and Mom was doing fine until she had another stroke. After the hospital stay, she was again placed in a nursing home and will not come home again.


After she moved to the nursing home, she transferred her home to me to make sure my wife and I had a place to live. Because she had no other assets, I applied for Medicaid, but the application was turned down. The government found her qualified, but, under what they refer to as the "new rules," has penalized her for 33 months because she transferred the house to me.


I am now told that I will have to go through the appeals process. We don't have the money to hire a lawyer, and find ourselves in the position of either mortgaging or selling the house to pay for her care for 33 months, or selling it. Where did we go wrong?


A: We don't believe you went wrong. Based on what you tell us, we believe that your state Medicaid folks may be confused.


The "new rules" they refer to is the Deficit Reduction Act of 2005; however, we believe your state Medicaid officials have either misread or don't understand the effects of the new law.


Clearly, had the home remained titled in your mother's name, it would have remained an exempt asset and your mother would have qualified for Medicaid immediately — subject, of course, to what is called estate recovery — that is, the right of your state to go against the property at your mother's death in order to collect the amount of Medicaid benefits paid to her.


However, federal law and state regulations allow an exemption from this transfer penalty when a Medicaid applicant transfers a residence to a child who (a) lived with the applicant in the applicant's house, and (b) furnished care that was essential to help the applicant avoid institutionalization for at least two years.


While we don't know all of the facts of your situation, it appears to us that although you may have lived in your mother's home for more than the requisite period of time, you may not have proved to the Medicaid folks that the care you provided was instrumental in helping your mother remain at home and avoid going to a nursing facility.


With your mother needing 24/7 care, we don't know what more you would have had to show; however, in these very complex situations, it is essential that no transfers be made without the assistance of an experienced elder-law attorney. We don't think you can afford not to hire a lawyer to help you through the appeals process.


According to the Medicaid transfer rules — including the "new ones" that are much more restrictive from a planning perspective — a number of resources and transfers are free from consideration or penalty. For example, the transfer of a primary residence is exempt if it is transferred to 1) a spouse; 2) a minor (under age 21) or a blind or disabled child of the person; 3) a brother or sister who has an equity interest in the home and who lived in the home for one year before the Medicaid applicant was institutionalized; 4) a son or daughter who resided in the home for two years and provided care so as to keep the person from becoming institutionalized.

Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

JAN L. WARNER received his A.B. and J.D. degrees from the University of South Carolina and earned a Master of Legal Letters (L.L.M.) in Taxation from the Emory University School of Law in Atlanta, Georgia. He is a frequent lecturer at legal education and public information programs throughout the United States. His articles have been published in national and state legal publications. Jan Collins began co-authoring Flying SoloŽ in 1989. She has more than 27 years of experience as a journalist, writer, and editor. To comment or ask a question, please click here.

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