What is the look back period? – 844-292-1318 legal aid Birmingham Alabama

This question is about Medicaid and that is “what is the look back period?”

With Medicaid theres’a 5-year look back period. If you’re familiar with Medicaid, then you’re familiar with the 5-year look back period, and even if you aren’t, you probably have heard something about Medicaid looking back in time when you applied for Medicaid.

What is that look back period?

Think of it this way, if today is August 7, 2015, so if I applied for Medicaid today and I’m qualified for Medicaid, then they look back 5 years in time.

What are they looking for over here?

They’re looking for gifts.

What’s a gift?

A gift is where I’ve transferred something like money, property, whatever it may be. I’ve transferred something in an exchange I’ve not received the full fair market back. If it’s a ,000 boat and somebody pays me ,000 for it and it really has a value of 10,000 well that’s a gift of 8,000. If I just give it away and get zero in return, that’s a ,000 gift. This applies to bigger numbers too.

If I have a half million dollar house and I give that to my child and there’s certain exceptions that apply. We won’t go into all those exceptions, keep them the general for now, the high level of this law without getting bogged down in the details but if I give away half a million dollar house to a child, that’s a half million dollar gift. I apply and I qualify.

That’s critical.

To qualify now, you got to look back 5 years, 60 months and all this time period they’re saying, “What are the gifts that you have made?”
That’s what the look back period is. I believe our next question has to do with the penalty period but that is the look back. We apply the look back 5 years, and let me just say this, 1 implication of this is if, and i used this example last week, actually, I was training the lawyers all over the State of Alabama on Medicaid. I gave this example, what if 59 months ago, my client gave away 0,000 worth of assets and she’s qualified now. I could apply right now and get her on Medicaid.

Should I do that?

If I apply right now and I’m qualified right now and I look back 60 months, what will they going to see? Right here about month 59, they’re going to see she gave away 0,000.

There’s going to be a huge penalty.

To give you a real quick version of the penalty, you take whatever those gifts are, divide them by ,800, that’s what Medicaid says is about the price of a nursing home. Then you go forward in time and that is your penalty, so 580,000 gift. Remember, I made that 59 months ago. I apply to qualify now. They’re going to penalize me 100 months into the future. It’s like 8 years.

The key to understanding that look back is if you’re in a crisis situation right now and you’re trying to figure when do I apply right now?

In this particular situation, you wouldn’t apply right now. You would not apply the next month and go a little bit into the future so that when Medicaid looks back 5 years, they don’t see the 0,000 gift and, again, that’s not wrong. That’s just following their rules.

That’s the look back period.

Hope this was helpful for you.

Thanks for watching this and we welcome your comments below and if you find this to be helpful be sure and share it.

John Watts
Birmingham, Alabama
www.AlabamaConsumer.com
205-879-2447

“No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.”
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Aid & Attendance asset limits, primary residence, and transfer look back regulations – 844-292-1318 Massachusetts legal aid

Everyone is wondering whether and when the proposed regulations discussed in this video will take effect. How long do we wait, and will all of this make the wait time longer?

Another big question is whether VA even has authority to make many of the changes it is proposing. The National Academy of Elder Law Attorneys is taking the position that VA cannot impose the lookback and penalty period regulations, because those must be authorized by a Congressional VA statute to be valid. VA is trying to exceed its statutory authority under 38 U.S.C. 501(a)(1), 1522, 1543 & 1506(1). So, The lookback and penalty periods should be stricken from any final rules because Congress would have to act on those issues.
https://www.naela.org/NAELADocs/NAELA_Comments_RIN%202900-AO73_March-17-2015.pdf

Elder Law attorneys with NAELA believe that partial cures should be allowed for people who have made transfers, and that the time allowed to cure a transfer is too short and should be expanded.
The VA should adopt Medicaid rules that exempt transfers to a sole benefit trust for a disabled family member. Other problems include a conflict between transfers for less than FMV and transfers to trusts and annuities. The proposed regulations lump all trust arrangements into one negative category. There is a need to differentiate between revocable and irrevocable trusts. The 2 acre lot limitation will negatively impact rural Veterans.

The comment period has now passed, but it’s not too late to contact your member of Congress. It’s important to get Congress to inquire about these changes. Call your representative in the US Congress to alert them to the problems with the proposed regulations. They do respond to knowledgeable constituents.

More information on these proposed regulations and current pension amounts at:
http://masshealthhelp.com/html/veterans_benefits.html

Detailed articles on Aid & Attendance are at:
http://www.agingcare.com/Articles/va-aid-attendance-new-eligibility-rules-177294.htm

This Video Podcasts does not provide any legal advice. The Video Podcast is limited to general information and resources for people in Hampden County, Massachusetts. You can’t rely on general information in a Video Podcast to make decisions about your specific case. You should consult a professional in your local area to discuss the facts of your specific case. Small differences in law, regulations and practice can cause big differences in how each matter is handled in different States and jurisdictions.

I serve clients in Hampden County, Massachusetts. There is no attorney-client relationship with viewers of these video podcasts, or with people who view my websites on Elder Law-Medicaid http://masshealthhelp.com/‬‬‬‬‬ and Estate Planning-Real Estate http://estateplansplus.com/‬‬‬‬‬

If you or your loved one do live in Hampden County and you’d like to learn more about how we might be able to help you, call to schedule an educational meeting to discuss your individual concerns, and the specific facts of your case. (413) 567-5600.

VA received more than 880 comments on the proposed rules discussed in this video. Most expressed criticism. A wide range of organizations commented, from Veterans Service Organizations to direct-care providers.

The National Academy of Elder Law Attorneys is taking the position that VA cannot impose the lookback and penalty period regulations, because those must be authorized by a Congressional VA statute to be valid. VA is trying to exceed its statutory authority under 38 U.S.C. 501(a)(1), 1522, 1543 & 1506(1). So, The lookback and penalty periods should be stricken from any final rules because Congress would have to act on those issues.

https://www.naela.org/NAELADocs/NAELA_Comments_RIN%202900-AO73_March-17-2015.pdf

Elder Law attorneys with NAELA believe that partial cures should be allowed for people who have made transfers, and that the time allowed to cure a transfer is too short and should be expanded.
The VA should adopt Medicaid rules that exempt transfers to a sole benefit trust for a disabled family member. Other problems include a conflict between transfers for less than FMV and transfers to trusts and annuities. The proposed regulations lump all trust arrangements into one negative category. There is a need to differentiate between revocable and irrevocable trusts. The 2 acre lot limitation will negatively impact rural Veterans.

Call your representative in the US Congress to alert them to the problems with the proposed regulations. They do respond to knowledgeable constituents.

More detailed article at:
http://www.agingcare.com/Articles/propsed-changes-to-aid-and-attendance-affect-caregiver-pay-178761.htm

More information on these proposed regulations and current pension amounts at:
http://masshealthhelp.com/html/veterans_benefits.html

https://www.federalregister.gov/articles/2015/01/23/2015-00297/net-worth-asset-transfers-and-income-exclusions-for-needs-based-benefits

This Video Podcasts does not provide any legal advice. The Video Podcast is limited to general information and resources for people in Hampden County, Massachusetts. You can’t rely on general information in a Video Podcast to make decisions about your specific case. You should consult a professional in your local area to discuss the facts of your specific case. Small differences in law, regulations and practice can cause big differences in how each matter is handled in different States and jurisdictions.

I serve clients in Hampden County, Massachusetts. There is no attorney-client relationship with viewers of these video podcasts, or with people who view my websites on Elder Law-Medicaid http://masshealthhelp.com/‬‬‬‬‬ and Estate Planning-Real Estate http://estateplansplus.com/‬‬‬‬‬

If you or your loved one do live in Hampden County and you’d like to learn more about how we might be able to help you, call to schedule an educational meeting to discuss your individual concerns, and the specific facts of your case. (413) 567-5600.

End Of Life Advocates Look To Expand Physician Aid In Dying In New Mexico – 844-292-1318 New Mexico legal aid

Last week, 29-year old terminally ill, Brittney Maynard used Oregon’s Right to Die law to end her life. The practice of physician aid in dying is now expanding into New Mexico.

Physician aid in dying is commonly associated with practices like euthanasia and suicide, but Psychologist Carolina Yahne says they are very different.

“Someone has possibly less then 6 months to live, they are mentally competent,” Yahne says. “They are making a clear decision, like I know I am going to die and I don’t want to suffer any longer, nor do I want to put my family through suffering. So, if you are my doctor would you please prescribe the medication I need.”

Currently the right to die is legal in Bernalillo County. In January, Judge Nan Nash of the Second district court in Albuquerque ruled in favor of two doctors who wanted to be protected from prosecution if they provided the necessary prescriptions to Aja Riggs, a 49-year-old with cancer. Riggs is now in remission, and people are wondering what this means for the rest of the state.

“People are saying, wait a minute if we are going to do this we need to make a statewide decision,” Yahne said. “We don’t want little patch work counties here and there. So, the attorney general has made a stay. Essentially, it is a message saying wait, and let’s make a decision at a higher level possibly all the way to the supreme court of New Mexico.”

Joan McIver Gibson, is a retired philosopher and consultant in bio ethics, says that the main ethical argument is if physician aid in dying is any different then choosing to stop medical treatment.

“Is there something different, in a situation where I am terminally ill,” Gibson said. “Let’s say I’m in intractable pain and I just can’t be made comfortable. And I am still in my right mind, but I am not hooked up to a ventilator, there is no treatment that I can say please so I can die.”

Religious Communities, some of the main proponents against the practice of physician aid in dying, do see a difference. Dr. Eduardo Rivera, Senior Pastor at St. Paul’s United Methodist Church says that there is a difference between stopping advanced medical treatment and choosing to end your life.

“We applaud science, and medicine,” Rivera says. “We are actually in agreement with extending life as much as possible. We also agree that when there is a diagnosis or a prognosis of end of life then we agree that even those medical measures should be dropped. But that is as far as we go.”

Gibson says that the most important part of the debate is that people are talking.

“We keep the conversation open,” Gibson says. “That we respect people’s values on all sides of the issue. And I’m always reluctant to forbid something for everybody just because for me it might violate my code of ethics.”

Yahne says now that there is a court ruling she expects that patients will take advantage of it.
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