On June 1, 2023, KFF Health news reported that more than 600,000 Americans have lost Medicaid coverage since pandemic protections ended on April 1, 2023. During the pandemic, Medicaid programs were prohibited from dropping any covered individuals. But now that pandemic protections have ended, States are back to performing normal pre-pandemic annual reviews. It is […]
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The short answer is “no.” Although the Department of Community Health takes a contrary position, Georgia law does not support their position, at least unless the legislature changes the law. O.C.G.A. § 33-25-11 Cash surrender value and proceeds of life insurance policies and annuity contracts not liable to attachment, garnishment, or legal process in favor […]
The Supreme Court has agreed to hear a case over the Trump administration’s push for Medicaid work requirements, though the issue could be moot when President-elect Joe Biden takes office. https://thehill.com/policy/healthcare/medicaid/528879-supreme-court-to-hear-case-on-trumps-push-to-impose-medicaid
Filial responsibility is a name given to laws that make third parties (usually adult children) responsible for support for indigent family members. These laws are based on English “poor laws” from the 16th Century. Many states, including Georgia, have these laws on the books. Georgia’s version, however, has been a toothless tiger for the most […]
The short answer is “yes, you can” sell your house. However, there may be consequences. A home is usually an exempt resource when you apply for Medicaid. Cash from the sale of a home, is not exempt and counts toward your $2,000 resource limit. Therefore, if you sell your home, you must report the sale to […]
As of July 1, 2016, the Georgia DHS is changing the way Home and Community Based Services are awarded. Home and Community-Based Services are services that help older Georgians live safely, healthily and independently in their communities. The services are funded through the Older Americans Act and include home-delivered meals, personal care assistance, homemaker services […]
If you think Medicaid is confusing, you have some good company. A number of federal judges have arrived at the same conclusion. The following quote appears in Cherry v. Magnant, 832 F. Supp. 1271 (S.D. Ind. 1993): The federal and state Medicaid statutes have been described as the regulatory equivalent of the “Serbonian bog.” See John […]
On October 16, 2015, USA Today reported (see link below) that nursing home care could run as high as $730,000. It told the story of Randy and Mary Kaump, who care for Randy’s 97 year old monther, Janis. Janis has been a nursing home resident for four years, paying $13,000 per month. So far, she […]
In hindsight, people might have acted differently. That could be the case with the participants litigating Colonial Park Care Center, LLC v. Dep’t of Public Works, 2015 Pa. Commw. LEXIS 406 (July 21, 2015). In March, 2012, John Matjasic was admitted to Colonial Park, a nursing home. John was 77 years old at the time. […]
