Son Held Responsible for Mother’s Nursing Home Bills

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By Attorney Nate Simpson

Earlier this month, the Superior Court of Pennsylvania held that in Pennsylvania, a son liable for his mother’s nursing home bills. Health Care & Retirement Corporation of America v. John Pittas, 2012 PA Super 96 (May 7, 2012). This Pennsylvania case could mark the beginning of a change in the way states cope with the rising costs of long-term healthcare.

John Pittas’ mother was injured in a car accident, and following her rehabilitation, she went into a nursing home from September 2007 until March of 2008. During the time she was in the nursing home she accumulated a bill of over $90,000. Pittas’ mother withdrew from the nursing home in 2008 and moved to Greece, leaving the bill unpaid. [Read more…]

Medicaid Standard Utility Decrease

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By Heather Chapman

Effective April 1, 2012, the Ohio standard utility allowance applied for determining benefits for Medicaid and Food Assistance will decrease from $599 to $533 per month. This applies mostly for determining the monthly allowance for the community spouse when the other is institutionalized. This change will affect current and future eligibility for food assistance, nursing home and waiver cases, but will mainly just mean an increase in the patient liability that the institutionalized person must pay each month. [Read more…]

Medicaid Appeal: Spouse Can Keep the Family Business

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By Attorney Nathan Simpson

This past week our firm won an important State Hearing, allowing community spouses to keep their family businesses while their institutionalized spouse receives Medicaid benefits. We hate to see any client lose assets due to an unforeseen medical emergency, and it was wonderful to be able to help someone preserve their means of support. This got me thinking that the hearing process is something that many people may not be familiar with. When the Department of Jobs and Family Services issues a decision in a Medicaid case, you can appeal that decision to a State Hearing. Getting the help of an elder law attorney can help greatly in emerging successful from the hearing. [Read more…]

Pay for your funeral now?

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By Attorney Elizabeth Durnell

 

As an Ohio Medicaid Attorney, I have discovered that the one thing that every one of my clients should have is a burial contract.

If done properly, the burial contract will be exempt from a nursing home spend down.

Some people hesitate to pre-pay because they have had a bad experience with one funeral home and the quality of their services.  Others have seen that funeral homes go out of business and then the family is stuck paying a second time for the same burial.   [Read more…]