by Bill Miller | Oct 15, 2018 | Medicaid, Medicaid Planning
Have you ever looked for something, thinking it was far away only to learn it was right there in plain sight? If you or a loved one needs help with Medicaid, it’s important to understand why hiring an Anniston Medicaid lawyer may be best.
As an example, let’s look at Brad and Angie’s situation. They live in Oxford, but Brad’s elderly parents still live in Anniston. His parents need to apply for Medicaid. Brad and Angie are confused by the paperwork and think of hiring a Birmingham Medicaid attorney. Then they start looking into reasons to hire an Anniston Medicaid lawyer.
Location, Location, Location
Sure, you could hire an attorney that’s an hour away, but why? Think of all the time you would waste driving back and forth when assistance may be right in your own backyard. Brad and Angie may have more time for their family, his parents, and themselves by hiring an attorney in Anniston.
Knows the Community
An Anniston-based lawyer knows more than where to find the best BBQ in town. A local attorney knows and understands local people, cultures, and laws.
Why is this helpful when Medicaid is administered by a state agency?
Because you or your loved one may need Anniston-based nurses and at-home care workers. If you are checking out nursing homes in the Anniston area, your Anniston Alabama lawyer may be able to point you toward a facility that meets your needs.
For example, Brad and Angie needed to find someone to help with in-home care. Their Anniston Medicaid lawyer networked regularly with healthcare providers at all levels and provided some input.
Well-Known in the Community
Medicaid planning and application is not easy, so you need someone you can trust. When you choose an attorney who’s close to home, it’s that much easier to check out his or her reputation.
An Anniston Medicaid lawyer may even attend local churches, participate in local charities, or serve with the Calhoun County Bar Association.
Brad and Angie looked online for an Anniston lawyer, but also talked to family and friends in the area. They hired an attorney with an excellent reputation in the community.
Talk to an Anniston Medicaid Lawyer
If you or a loved one need Medicaid, look no further than Adams & Miller, P.C. We offer our clients the individual attention they need. The attorneys at Adams & Miller, P.C. assist clients probate whether the estate is large or small. For a free consultation, contact us at 256-251-2137 or use our convenient Contact Form. Although we’re located in Anniston, we also help clients in the Birmingham, Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
by Bill Miller | Oct 4, 2018 | Medicaid, Medicaid Planning, Medicaid Qualification
Failing to qualify for benefits you desperately need is distressing. Yet benefit programs have to have limits and requirements. Take Medicaid. It provides much-needed benefits to eligible persons. Eligibility is based, in part, on income and resources, or property owned by the person applying for Medicaid. When someone needs help, but their income exceeds the Medicaid monthly income limit, what options do they have?
Medicaid, Generally
This federally-funded, state-administered program provides services for a wide range of people and needs:
- Children,
- Parents and other caretaker relatives,
- Pregnant women,
- People in need of family planning,
- Nursing home residents,
- Elderly and disabled persons,
- Medicare recipients who need help making their payments, and
- Women suffering from breast or cervical cancer.
However, people in need also must have income and resources below Medicaid’s limits.
Medicaid Monthly Income Limits
Different programs have different monthly income limits:
- Aged, blind or disabled people qualifying through SSI: $770 (single) or $1,145 (married).
- Nursing home residents: $2,250
- Pregnant women, children, and those who need family planning: $1,478 (family of 1) to $3,054 (family of 4)
- Parent and Caretaker Relatives: $183 (family of 1) to $377 (family of 4).
These income limits may change from time to time. You or your attorney should check the limits before applying for Medicaid.
When Income Exceeds the Medicaid Monthly Income Limit
Some people, especially those who need long-term care, may benefit from a qualified income trust. When this trust is used, the person who established the trust can move extra income into the trust, where it is no longer counted toward the Medicaid monthly income limit. The trustee may use the trust funds to pay for personal needs, a portion of the person’s nursing home bills, and monthly support for the benefit recipient’s spouse.
Does Your Income Exceed the Medicaid Monthly Income Limit?
At Miller Estate and Elder Law, we help our clients qualify for and keep their Medicaid benefits. For a free consultation, contact us at 256-251-2137 or use our convenient Contact Form. We have offices in Anniston and Birmingham and we assist clients in the Leeds, Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
by Bill Miller | Sep 19, 2018 | Medicaid, Medicaid Planning, Medicaid Qualification
Laura breathed a sigh of relief when her father, Gene, became eligible for Medicaid. He did not have any savings or a long-term care insurance policy. She wasn’t sure how long she could keep paying nursing home bills. However, Laura learned that her job was not over when it came to Gene’s Medicaid. Every month, she needed to make sure to keep his income within Medicaid’s resource limits.
What are Medicaid’s resource limits?
Applicants must meet certain requirements, or resource limits, before becoming eligible for Medicaid. For example, an applicant cannot receive monthly income exceeding a set amount. In 2018, the income level is $2,025 although that may be adjusted annually for inflation.
Medicaid recipients must not have more than $2,000 in resources on the first day of the month. “Resources” may be:
- Cash,
- Bank Accounts,
- Cash value of life insurance, and
- investment income.
Every month, Laura worries that her dad’s Social Security check will be deposited in his bank account before the first of the month. This might put his resources over the limit. Also, he has some small investments that pay quarterly dividends. These may also cause problems with his Medicaid eligibility.
What steps can I take to stay within Medicaid’s resource limits?
First, learn what those limits are, because not every asset counts toward resource limits. We’ve listed some of the assets that are considered resources. The following assets are generally not included as resources:
- Household goods and personal effects,
- Burial plans,
- One car if used by the recipient’s family member, and
- Certain real property.
Please note that resource limits differ for married Medicaid recipients.
In Gene’s case, he is single. He has a checking account, a car, his Social Security benefits, and a small retirement account. Gene does not own any real property or any cash value life insurance policies. Laura is using his car now that he is no longer able to drive.
Every month, Laura watches Gene’s bank account. She knows that an unexpected quarterly dividend or interest payment could jeopardize Gene’s Medicaid benefits. As the first of the month approaches, she can pay the nursing home in advance or other bills to reduce his checking account balance.
Another option is for Laura to have an attorney set up a Qualified Income Trust, also known as a Miller Trust. Gene’s excess income, anything over the resource limit, could be deposited directly into his Miller Trust. The trustee could then use the funds for Gene’s nursing home bills and personal items.
Don’t Lose Your Medicaid Benefits.
The attorneys at Miller Estate and Elder Law use their experience and skills to assist their clients with Medicaid questions and concerns. For a free consultation, contact us at 256-251-2137 or use our convenient Contact Form to let us know you are ready to get started. You can also check out the free resources on our website. Although we’re located in Anniston, we also help clients in the Birmingham, Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
by Bill Miller | Sep 3, 2018 | Elder Law, Medicaid, Medicaid Planning, Medicaid Qualification
Joe recently learned that his mother, Lillian, is applying for Medicaid. She lacks the funds and insurance to cover the cost of her 24/7 nursing care. Lillian was suddenly thrown into a world of procedures and terms that she did not understand. Joe felt a little helpless himself. His mother needs Medicaid and he does not what he can do to help her.
Help with the Medicaid Application Process
The Medicaid application process is complicated, complex, and frustrating. It’s also necessary. Medicaid is the largest payer of nursing home costs in the United States. In addition, a majority of people age 65 plus will need long-term care.
Joe can help Lillian find the right Medicaid program. For example, she probably needs either Medicaid for the Elderly and Disabled or Medicaid in the Nursing Home. He can read over the eligibility requirements and find the right application. They can apply online or using a paper application. Then, he can help her with one of the most difficult parts of the application process: finding the documents that go with the application.
Help Gather Supporting Documents
Medicaid requires a long list of supporting documents some spanning the 60 months prior to application, including:
Bank statements, annuities, life insurance policies, promissory notes, loans, property deeds, Social Security card, power of attorney, Will, trusts, long-term care insurance policy, Medicare card and Part D policies, just to name a few.
As Joe started helping Lillian gather documents, he was grateful that his mother was so organized. Many of the documents they needed were filed at her home. Other records required them to contact banks, financial institutions, and so on. Lillian signed a durable power of attorney that allowed Joe to get some records for her.
Help Find an Alabama Medicaid Attorney
It helps to have someone on your side who knows how the Medicaid system works. If an application is denied, naturally the applicant’s benefits are delayed. And, if they have an immediate need for Medicaid funds to cover their care, well, someone has to pay for it. The applicant or family members may be forced to pay substantial amounts for long-term care that could have been covered by Medicaid. That’s why it is so important to get the application right the first time.
Joe found a good elder law attorney for Lillian. In addition to helping get Lillian’s Medicaid application together, they were able to handle other estate planning issues:
- They set up a Miller Trust to handle monthly income in excess of Medicaid resource limits,
- Prepared and signed a durable power of attorney and health care power of attorney, and
- Helped Joe get his own estate planning and incapacity planning in place.
Sometimes You Just Need a Helping Hand
The application process for Medicaid is a difficult path for most people to navigate. The attorneys atMiller Estate and Elder Law use their skills and experience to make the experience a little less difficult.
For a free consultation with an experienced Alabama attorney, contact us at 256-251-2137 or use our convenient Contact Form. We have offices in Anniston and Birmingham and serve clients in Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
by Bill Miller | Aug 31, 2018 | Elder Law, Medicaid, Medicaid Planning, Medicaid Qualification, Nursing Home
It’s a cold, hard fact. Many people in the United States need long-term care at some point in their lives. It’s also true that this care is expensive.
How many people really need long-term care?
As our population ages, the number of people in need of skilled nursing care will skyrocket. Today, roughly 70% of people who are age 65 will need some form of long-term care in their lifetimes.
Also, age is not the only reason people need long-term care. About 8% of people age 40-50 year age group need long-term care due to a disability. And 69% of people age 90 and up are likely to suffer from one or more disabilities.
Long-term care is expensive. How do people pay for it?
There are basically three ways to pay for this type of care:
- Self-pay, which may use up all your savings and resources.
- Long-term care insurance, which can be difficult to get as you get older.
- Public benefit programs like Medicaid.
So, it’s important that you be able to qualify for Medicaid.
That requires planning.
And Medicaid planning should take place years before you need care.
If I won’t need long-term care until I’m 65 or older, why plan now?
Medicaid programs pay more long-term care expenses than any other group. This means it’s critical that you be able to qualify for Medicaid. The whole application process is complicated and frustrating. Not everyone qualifies for Medicaid, leaving their families struggling to find other ways to pay.
The reason to start planning now is because Medicaid doesn’t just look at your current financial picture when considering your application. They actually look at financial records starting from 60 months prior to the application date. During that time, you may have transferred money or property to family as an early inheritance or just a gift. That kind gesture could reduce or eliminate your eligibility for Medicaid.
The Good News.
There are ways to prepare for Medicaid, well in advance of the time you need it. It’s complicated, but we can help.
The attorneys at Miller Estate and Elder Law assist clients just like you apply for Medicaid benefits. We also help with Medicaid planning and estate planning. For a free consultation with an experienced Alabama attorney, contact us at 256-251-2137 or use our convenient Contact Form.
We also offer free guides, videos, and workshops.
We have offices in Anniston and Birmingham and serve clients in Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
by Bill Miller | Aug 22, 2018 | Medicaid, Medicaid Planning, Medicaid Qualification, Nursing Home
Medicaid, though funded by the federal government, is managed by state agencies. Each agency has the power to customize their program, and this can include imposing co-payments, deductibles, and so on. If you or a loved one receives Medicaid benefits, you need to know how Medicaid handles out-of-pocket costs.
Do I have to pay out-of-pocket expenses?
Many patients are expected to pay co-payments on expenses like:
- Office visits to doctors, optometrists, nurse practitioners, and other healthcare providers).
- Hospital care, including those provided at federally qualified health centers, rural health clinics, inpatient, outpatient, and ambulatory surgical centers.
- Durable medical equipment,
- Medical supplies and appliances, and
- Prescription drugs.
The co-payments are small. However, health care providers cannot deny services if a Medicaid recipient cannot pay the co-payment.
Are any services exempt from out-of-pocket charges?
Yes. Out-of-pocket fees by law cannot be charged for:
- Emergency services,
- Family planning services,
- Pregnancy-related services, or
- Preventive services for children.
Are any groups exempted from paying out-of-pocket fees and co-payments?
Yes, some Medicaid recipients are not expected to pay such fees:
- Children,
- Terminally ill people,
- Nursing home residents,
- Native American Indians with an active user letter from Indian Health Services,
- People receiving emergency treatments, and
- People receiving family planning services.
Check with your Medicaid caseworker to make sure you are not charged for co-payments and out-of-pocket expenses if you are included in one of these groups.
Will Medicaid repay my out-of-pocket expenses?
Not exactly.
Sometimes Medicaid will be awarded retroactively. This means that earlier costs that are eligible for Medicaid coverage may be paid. However, the patient is responsible for contacting the health care provider responsible for anything they paid for themselves. The provider will submit the services to Medicaid and typically reimburse the patient after receiving the payment from Medicaid.
First, You Have to Get Through the Medicaid Application Process.
It’s complicated and difficult, but we can help. We have helped many clients navigate federal and state guidelines to get the benefits they deserve.
The attorneys at Miller Estate and Elder Law assist their clients with all phases of estate planning and incapacity planning. For a free consultation, contact us at 256-251-2137 or use our convenient Contact Form. Although we’re located in Anniston, we also help clients in the Birmingham, Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
