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Orange City Estate Planning Blog

Trust Me. I’m a Lawyer.

Lawyers are among the most reviled service professionals in American culture. We’re so disliked that even lawyers don’t have a lot of friends who are

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Watch Your Language: Trust

One of the most common questions I hear during our Mutual Interviews is, “Do I need a trust?” And the typical lawyer answer is, “It depends.” In order to answer that question, we need to start by defining what a trust actually is. [Read More]

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Watch Your Language: Snapshot Date

When you first submit a Medicaid application for nursing facility care (and Elderly Waiver, in Iowa), DHS takes a “snapshot” of your financial status as of the date you first moved into the nursing home. This is called the “snapshot date.” [Read More]

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Watch Your Language: Asset

In the Medicaid world, the term “asset” is used when discussing Medicaid’s transfer penalty rules. As a result, “asset” includes both income and resources. [Read More]

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Watch Your Language: Penalty Divisor

If you’ve transferred assets within the lookback period, the state is going to assess an eligibility penalty period based on the value of all the transfers you made within that 60-month window. The penalty period can be calculated by dividing the value of that gift by the penalty divisor. [Read More]

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Watch Your Language: Lookback Period

If you’ve heard anything about Medicaid, you’ve probably heard about the lookback period. In Iowa, the lookback period is the period of time starting with the day you apply for Medicaid and extending back through time for sixty months. We break that definition down after the jump. [Read More]

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Devils, Details, and Deadlines: Calculating the Penalty Period

If you can’t prove you didn’t make a transfer to get on Medicaid, that transfer becomes a disallowed transfer. And that’s bad because a disallowed transfer means a penalty period will be imposed, delaying the time you are allowed to receive Medicaid coverage for the nursing home. The real question becomes: how do you calculate the penalty period? [Read More]

The length of the penalty period depends on the value of the assets transferred.

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Watch Your Language: Transfer

Seems obvious, right? In daily life, a transfer happens when property changes hands. You can transfer money between bank accounts or transfer germs between school children. In grilling and smoking, “transfer” means removing food from the grill or smoker. Unfortunately, it’s not that simple in the Medicaid world. [Read More]

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You Need a Medicaid Guidebook – and an Expert Guide, too

Iowa Medicaid – sometimes called Title XIX (Title 19) – is a mashup of federal statutes and regulations, state-specific rule tweaks, and both formal and informal agency policies. The system itself is intricate enough, but then the individual case workers who process Medicaid applications don’t always apply the rules in the same way. It’s virtually impossible to navigate the maze without a guide. [Read More]

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