Medicaid Planning and Annuities: Assessing Treatment of Annuities Under Federal and State Medicaid Planning Rules

Navigating Immediate and Deferred Annuities, Medicaid Compliant Annuities, and Qualified Longevity Annuity Contracts

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

Conducted on Thursday, July 13, 2017
Recorded event now available

This CLE webinar will discuss the types of annuities individuals and families often own and assess how different types of annuities will be treated under federal Medicaid planning rules and common state statutory requirements. The program will also discuss what if anything can be done with annuities in order to obtain Medicaid eligibility.


While there are some federal regulations regarding the use of annuities in Medicaid planning, state law governs whether an annuity is Medicaid compliant. State rules regarding Medicaid-compliant annuities are complex and difficult for family members involved in the Medicaid planning process to understand.

Annuities that meet the requirements of the Deficit Reduction Act of 2005 (DRA) can be used to convert an otherwise countable resource into an income stream for the community spouse or the applicant.

Under IRS regulations, an IRA or 401K account holder can direct up to 25% of the qualified funds into a qualified longevity annuity contract (QLAC) which funds are then exempt from the required minimum distribution (RMD) rules. However, QLACs are not a “Medicaid-compliant annuity,” which can be excluded from consideration.

Listen as our authoritative panel of elder law attorneys discusses common types of annuities owned by individuals and families, and analyzes how different types of annuities will be treated under federal and state Medicaid planning rules. The panel will also discuss what if anything can be done with annuities in order to obtain Medicaid eligibility.


  1. Overview of types of annuities
    1. Immediate annuities
    2. Deferred annuities
    3. Medicaid-compliant annuities
    4. Qualified longevity annuities
  2. Tax treatment: qualified vs. non-qualified annuities
  3. Pros and cons for Medicaid planning


The panel will review these and other key issues:

  • What types of annuities are considered a resource that must be used to pay for nursing home care?
  • What state law requirements are generally imposed to make an annuity Medicaid compliant?
  • What are the retirement benefits of QLACs and how do they fit into Medicaid planning?


Dale M. Krause, J.D., LL.M., President and CEO
Krause Financial Services, De Pere, Wis.

Mr. Krause and his firm design, develop, market, and distribute insurance products used in Medicaid and Veterans benefits planning throughout the United States. His firm is the only attorney-led financial services firm in the nation that specializes in helping families qualify for Medicaid and Veterans benefits through the use of various insurance products. With over 25 years of experience he has earned the distinct reputation as the “Pioneer of Medicaid Compliant Annuities.” He is a regular speaker at continuing legal education forums throughout the United States.

Kyla G. Kelim, Esq.
Aging in Alabama, Fairhope, Ala.

Ms. Kelim focuses her practice on proactive planning involving those in need concerning Medicaid, Medicare and Social Security. She is a nationally recognized speaker on nursing home Medicaid, Medicare and Social Security disability matters. She launched Aging in Alabama to help address the crisis in health care coverage facing seniors and their caregivers.

Lori J. Parker, Esq.
Parker Law Office, Rochester, N.Y.

Ms. Parker has been an attorney for more than 20 years, during which time she has litigated cases, published numerous articles, and served as a professor of law. She was named a U.S. Fulbright Scholar, and she recently received a Masters of Law (LLM) degree in Elder Law. She recently authored the article, Handcrafted Annuities That Will Meet Each Client's Needs, All About Annuities.


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Customer Reviews

I liked that the speakers had great knowledge of the topic and presented it with ease without making it overly complicated or rushing through the material.

Laura S. Brooks

Law Office of Laura S. Brooks

The presenters were lucid, articulate, and informative. The seminar exceeded my expectations.

Irvin Slate

Slate Law Office

The program was very informative and the information was precise and straight forward.

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Speidel Law Firm

The speakers prepared good outlines and followed them during their presentations.

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Ringer Law Office

The computer and telephone sign-on was very easy, and the instructions were straightforward.

Bethany Haslam


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Elder Law Advisory Board

David Goldfarb


Goldfarb Abrandt Salzman & Kutzin

David P. Pollan


The Pollan Law Firm

Linda M. Strohschein


Strohschein Law Group

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