One of the greatest fears of older Americans is that they may end up in a nursing home.Read more
Survey Results: Most Say Medicaid Planning Is Ethical
- April 21st, 2005
Last month we asked site visitors and readers of the April issue of ElderLaw News the following question:
"Medicaid planning has been targeted by Health and Human Services Secretary Michael O. Leavitt, who argues that people should not be able to protect assets by transferring them to their children and then qualify for Medicaid coverage of nursing home care. Do you believe that such Medicaid planning is ethical?"
The results: nearly two-thirds of respondents -- 63 percent -- said yes, Medicaid planning is ethical, while the rest -- 37 percent -- said it was unethical.
With Medicaid budgets soaring nationwide, state and federal officials are floating proposals to crack down on the financial arrangements involved in Medicaid planning and make seniors pay more for long-term care, according to a recent article in the Chicago Tribune, "Medicaid Loophole for Middle Class at Risk."
Connecticut, Massachusetts, Minnesota and New Hampshire have proposed making it more difficult for the elderly to transfer assets and qualify for Medicaid, and more than a dozen states have similar plans waiting in the wings, says Charles Sabatino, chair of the public policy committee for the National Academy of Elder Law Attorneys.
But advocates for the elderly respond that Medicaid has become a crucial safety net for ill seniors who need long-term care, and weakening protections would be a severe blow to many families.
Illinois ElderLawAnswers member Steven C. Perlis, CELA is quoted in the article as saying that most middle-class seniors who turn to Medicaid for nursing home care are "people who are up against the wall because of a serious illness, who have never depended on a government handout in their lives."
Any asset transfers are usually minimal, Perlis says, and represent an attempt to give resources to a healthy spouse who needs the money, or to leave something to children who provided care and assistance before a parent was institutionalized.
To read the full Chicago Tribune article, click here. (Free registration may be required to view article.)
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Local Elder Law Attorneys in Ashburn, VA
Needham Mitnick & Pollack, PLC
Susan Pollack served as Chairperson of the Falls Church Senior Citizens Commission from 1997 to 2011 and was on the Executive Board of the Falls Church Education Foundation. She has also served on the Board of Directors of the Alzheimer’s Association of the National Capital Area and is a member of the Arlington B...
Felinton Elder Law & Estate Planning Centers
Mindy Felinton concentrates in the areas of Medicaid planning, Veterans' Benefits, asset protection, nursing home planning, elder law, wills, estate planning, trusts, living wills, powers of attorney, probate administration and trust administration and began her legal career 30 years ago as an Assistant State Attorney...
Hale Ball Carlson Baumgartner Murphy PLC
Attorney Samantha Simmons Fredieu is an associate at Hale Ball. Ms. Fredieu graduated magna cum laude from Vermont Law School where she was the symposium editor on the Vermont Law Review, a production editor on the Vermont Journal of Environmental Law, and a member of the Moot Court Advisory Board. She has clerked for...