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Orange City Estate Planning Blog

Watch Your Language: D.R.A.

In 2005, Congress passed legislation which, among many, many other things, changed the way a Medicaid applicant’s resources and past transfers are considered. This bill is called the Deficit Reduction Act of 2005 and was signed by the President on February 8, 2006.[Read More]

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Watch Your Language: Spenddown

When a Medicaid applicant is married, the rules allow their spouse to retain a minimum amount of assets and income. We’ve already talked about the community spouse resource allowance (CSRA); the minimum income level is called the minimum monthly maintenance needs allowance (MMMNA). [Read More]

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Watch Your Language: MMMNA

When a Medicaid applicant is married, the rules allow their spouse to retain a minimum amount of assets and income. We’ve already talked about the community spouse resource allowance (CSRA); the minimum income level is called the minimum monthly maintenance needs allowance (MMMNA). [Read More]

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Watch Your Language: Income

The Medicaid definition of “income” comes from federal law and reads as follows: Income is “[a]nything a person receives either in cash or in kind that can be used to meet the person’s basic needs of food, clothing, or shelter.” [Read More]

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Watch Your Language: Attribution

Here’s how the Iowa Medicaid manual describes an attribution: “When one spouse enters a medical institution or applies for a home- and community-based services waiver, […] resources are attributed to the ‘community spouse’ to protect sufficient resources for the community spouse’s maintenance.” What does that mean in normal english? [Read More]

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Watch Your Language: Unavailable Resource

The primary classification of assets under the Medicaid rules is whether an asset is countable or non-countable. But there’s a special class of resources that is both countable and non-countable – an exception to the general rule: the unavailable resource. [Read More]

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Watch Your Language: CSRA

Recently we’ve referred to the community spouse a super hero. For this super hero, the special abilities aren’t mutations or the result of a yellow sun – she can’t fly and he’s not super-strong. Instead, their powers are tied directly to their status as the healthy spouse – the spouse who doesn’t need nursing home care. [Read More]

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Watch Your Language: Non-Countable Resource

Once you’ve disclosed all your resources to Medicaid, it’s up to the state to determine which ones are countable and which are non-countable. The term “non-countable resource” is defined quite narrowly. It only includes a very small list of specific assets that the federal government has said should be disregarded by the Department of Human Services. [Read More]

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Watch Your Language: Countable Resource

If you’re asking Medicaid to help pay for nursing home care for a loved one, you’ll have to tell the state about everything they own. Everything. It’s the state’s job to determine whether they’re eligible based on the value of those assets that are considered countable resources. [Read More]

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Watch Your Language: Community Spouse

In our last entry we talked about what it means to be the institutionalized spouse. But the mild-mannered spouse who is not in the nursing home has special “powers” and a special title to go with it: community spouse. [Read More]

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