Elder Law Resources

1)  Medicaid: The Issues About Transferring Assets to Relatives & Friends to Qualify for Federal Assistance

2)  Medicare:   The Issues

3)  Medicare and Medigap

4)  What is "Elder Law?"

5)  Senior Law:  Elder Law and Legal Resources on the Internet

6) Medicaid Eligibility for Nursing Home Benefits

7)  Newsletter Tidbits from the Wake Forest Law School's Program to Assist Elders With Legal Problems

8)  More Newsletter Tidbits about Financial Abuse of the Elderly by their Family and Friends

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Overheads:

Medicare: Federal Program (since l965)

• Principal source of medical care for elderly
• Funded by workers’ and employers’ contributions
• Provides:
• Hospital
• Home health
• Skilled nursing care facility
• Physicians’ care
• Eligibility (general rule): Being over 65 and eligible for social security retirement benefits, or disabled

Medicare: Things NOT Covered

• Prescription drugs
• Long-term custodial nursing care
• Routine checkups, dental care, vision/hearing care
• Medicare Part B: Optional; requires monthly premium for coverage
• Covers 80% of "covered"expenses:
• Physicians’ fees
• Ambulance services
• Laboratory tests
• Therapy services
• Medical equipment like wheelchairs
• Medigap insurance policies may be purchased to cover this 20% co-pay

Medicaid

• Federal program paying for medical care for persons unable to afford to pay
• Covers physicians’ services, hospital care, medications, supplies and other necessary services, and long-term care in a nursing home or adult care home
• Eligibility (each state controls criteria to some extent): (1) Income; and (2) Assets owned.
• Spouse’s Income & Assets Impact Eligibility

Recent Asset Transfers & Medicaid Eligibilty

• Transfers within 36 months prior to application if transferred for less than their value (gift)
  • Transfers to TRUSTS with 60 months will be "looked at" for eligibility purposes
• Assets of married couples: some exemption
  • One-half the assets (subject to federal maximum)
  • Substantial portion of the couple’s income
• Non-Countable Assets: excluded from formula
  • Family residence and household contents
  • One vehicle
  • Prepaid burial fund

Medicaid

• Income Test:
  • Patient may keep $30 per month for personal needs
  • May keep enough to pay all medical expenses not covered by insurance or govt benefits
  • Patient’s spouse may receive an allowance
  • Dependents may receive an allowance
  • The "community spouse" may keep all income received solely in her or his name

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