Medicaid Estate Recovery Planning Techniques

Achieving Medicaid Eligibility and Protecting the Recipient and Community Spouse Against Estate Recovery

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, April 24, 2013

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide guidance for counsel to elderly clients and their families on navigating Medicaid estate recovery programs and creating plans that achieve Medicaid eligibility. The panel will outline approaches to mitigate the risk of recovery against the estates of the Medicaid recipient and the community spouse.

Description

Nationally Medicaid pays almost half the cost of all nursing home and other long-term care expenses, and states are running deficits which they are seeking to close. Through Medicaid estate recovery programs, states are authorized to file claims against the estate of a Medicaid recipient over age 55 to seek reimbursement for long-term care and medical expenses, which puts planning for Medicaid at risk.

Courts in several states have issued key decisions addressing the rights of states to pursue recovery against a community spouse, including how annuities and promissory notes impact recovery. In addition, legislation is pending in New York and other jurisdictions on spousal refusal.

Counsel advising elderly clients and their families must understand the reach of Medicaid estate recovery programs and master the proactive steps aimed at protecting clients’ assets.

Listen as our authoritative panel of elder law attorneys examines estate recovery programs and procedures. The panel will address recent court decisions and state legislation impacting Medicaid estate recovery and explain planning techniques to meet Medicaid eligibility requirements and protect the community spouse against estate recovery.

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Outline

  1. Estate recovery—latest developments
    1. Recent court decisions
    2. Recent and pending legislation
  2. Protecting the estate
    1. Achieving or maintaining Medicaid eligibility
    2. Avoiding estate recovery against community spouses

Benefits

The panel will review these and other key questions:

  • How have recent court decisions and state legislation addressed the rights of recovery against the estates of the Medicaid recipient and the community spouse?
  • What assets are generally subject to Medicaid estate recovery?
  • What steps can be taken to limit the reach of Medicaid recoveries and protect estate assets?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Louis W. Pierro
Louis W. Pierro
Principal
Pierro Law Group

He concentrates his practice in the areas of Estate Planning, Estate and Trust Administration, Business Succession...  |  Read More

Philip A. Di Giorgio
Philip A. Di Giorgio
Partner
Pierro Law Group

He practices in the areas of Estate Planning, Estate and Trust Administration and Estate and Gift Taxation. He has...  |  Read More

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