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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 Special Needs Trust Fairness Act (Section 5007 of the 21st Century Cures Act) was signed by President Obama on February 13, 2016. The Act changes a provision relating to self-settled special needs trusts that formerly prevented the disabled individual from establish his or her own special needs trust. Prior to February 13, 2016, the […]

CMS has published the 2017 Spousal Impoverishment Standards at: https://www.medicaid.gov/medicaid/eligibility/downloads/spousal-impoverishment/2017-ssi-and-spousal-impoverishment-standards.pdf

Recently, the 11th Circuit Court of Appeals decided a case (Key Equipment Finance, Inc. v. Overend) that causes us to revisit the question of spousal liability. We care because the 11th Circuit (a federal appeals court) covers Georgia, and the case involved a question of Georgia law. George Overend borrowed money from KeyBank to finance […]

Many families assume that one spouse is liable for the other’s debt. In Georgia, that’s typically not the case. O.C.G.A. § 19-3-9 specifically provides that the separate property of each spouse shall remain the separate property of that spouse, except in limited circumstances. In Walton Elect. Membership Corp. v. Snyder, 226 Ga. App. 673 (1997), […]

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 […]

VA Aid and Attendance is a means-tested benefit available for veteran’s with a non-service connected disability. It is frequently used by aging veterans to pay for long-term care. The benefit is available veterans who served 90 or more days of active duty with at least one day of service during a wartime period, and who […]

This issue comes up when an individual is eligible for Medicare, but also has other coverage. It’s known as “coordination of benefits.” The answer is, it depends on the type of coverage you have. For example, if you have Medicare and Medicaid, then Medicare always pays first. Medicaid would only pay the amount remaining after […]

Generally, no. It’s illegal to sell you a marketplace policy if you have Medicare. Section 1882(d) of the Social Security Act makes it illegal to knowingly sell duplicate coverage to a Medicare beneficiary. If you already have a marketplace policy before you sign up for Medicare, then you can keep your marketplace policy. However, any […]

Does Medicare pay for all of my health care? No. Medicare only pays for covered goods and services. In fact, there are many co-pays and deductibles. The 2016 co-pays are at the following link: https://www.medicare.gov/your-medicare-costs/costs-at-a-glance/costs-at-glance.html. The 2017 numbers have not been finalized yet, but when they are, they should be posted at the same link. […]

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