Ohio Under Fire Over Medicaid Regulations

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By Attorney Nathan Simpson

In a recent opinion in the case Wagner v. McCarthy, a judge from the Federal District Court for Southern Ohio issued a preliminary injunction against the Ohio Department of Medicaid for its interpretation of federal Medicaid law. Not only did the judge find it unlikely that the state would be able to defend its position successfully, she threatened to withhold all funding for Ohio’s Medcaid program if it did not comply with her order. This comes on the heels of Ohio’s continued unwillingness to follow the decision in Hughes v. McCarthy from the Sixth Circuit Court of Appeals.

Ohio Under Fire Over Medicaid RegulationsBoth Wagner and Hughes deal with whether an individual going to a nursing home can purchase an income stream for their spouse, rather than spending down all but a minimal amount of assets on a nursing home bill. Courts have repeatedly held that the law permits this planning, but the state continues to refuse to acknowledge this.

Today more than ever, it is important to work with an Elder Law Attorney in planning for long term care, who will fight to ensure that the law is followed.

Continuing Care Retirement Communities are the Least Profitable Businesses in the US

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By: Attorney Nathan Simpson

Continuing Care Retirement CommunitiesAccording to a new article in Forbes, Continuing Care Retirement Communites (CCRCs) and Assisted Living Facilities are the least profitable business in the US, turing on average a -1.0% profit margin. While this may simply seem like an interesting fact, it is a fact that could have potentially devastating effects on seniors.

Many CCRCs require seniors, as part of the contract to live there, to agree to spend down all of their money on the cost of the facility. In exchange, the CCRCs will agree to take care of the person, if possible, even after their funds have been exhausted. However, if the CCRC is unable to meet the care needs of the individual, or if the CCRC goes out of business, they are no longer under any obligation. Seniors could be spending their money on an agreement that the CCRC is unable to fulfill.

While many CCRCs are run as non-profits, this still raises grave concerns about their long term viability. If the CCRC is unable to fulfill their end of the bargain, the senior is forced to find a new facility. This can be difficult, as Assisted Living Facilities often refuse to take seniors who have already spent down their assets, and even some Nursing Homes often have long waiting periods for admission.

What Is the Role of the Case Worker in my Medicaid Application?

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By Jess LoPiccolo

Your case worker is an employee of the county Department of Job and Family Services. Their job is to collect and enter the information needed to determine whether you are eligible for Medicaid benefits. Each county has their own case workers.

As part of my job as a case manager at Cooper, Adel & Associates, I try to make the job as easy as possible for your county case worker to help facilitate the process. I organize your information and give your case worker the big picture about you and your qualifications. This makes sure the case worker has the information they need to make a timely decision. And time is money in these cases!

If you or a loved one needs to apply for Medicaid, we’re hear to help. Please call us at 1-800-798-5297 for a free consultation.


Medicaid Estate Recovery- A threat to the family farm

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By: Jessica LoPiccolo

Here in Ohio, we see quite a few clients who have farms that have been in their family for many, many generations. Most of the time, the family wants to continue to pass the farm down to their children, grandchildren and on down the line. But many families don’t realize that there is a very serious threat to that dream. For instance, what happens if Grandma dies and then Grandpa gets sick and has to go into a nursing home? Once he has spent through his hard-earned savings, Grandpa will have to go on Medicaid in order to continue to pay the nursing home bill. The farm can be in his name for 13 months after being admitted to the nursing home. [Read more…]