On April 1, the Centers for Medicare & Medicaid Services (CMS) finalized the Calendar Year 2025 Rate Announcement for Medicare Advantage and Medicare Part D Prescription Drug Programs to update payment policies for these programs, according to a press release from CMS.gov. Payments to the government will increase an average of 3.70 percent from 2024 […]
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NAELA News Article on QLACs Is Top Pick for 2023
This past year, I’ve enjoyed contributing articles to prestigious professional journals, including one of our field’s most respected publications, NAELA News, by the National Academy of Elder Law Attorneys. With great pride, I announce that my article, “SECURE 2.0 Opens the Door for Qualified Longevity Annuity Contracts (QLACs),” has been recognized as the most-read article […]
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Scott B. Silverberg Keynote Speaker at the 24th Annual Elder and Disability Law Symposium
The New Jersey Institute for Continuing Legal Education, a division of the New Jersey State Bar Association, welcomed Scott Silverberg as the keynote speaker for the 24th annual Elder and Disability Law Symposium in early December. His presentation focused on New York’s Medicaid Home Care Program, the legal challenges facing patients and what Elder Law […]
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Climate Change Bill Brings a Bright Spot of Good News for Americans
We welcome any good news in a dismal news cycle, but the healthcare provisions built into the “Inflation Reduction Act” are worth a special mention. The New York Times calls it “the most substantial changes to health policy since the passage of Obamacare in 2010.” Passed by the U.S. Senate on August 8 and expected […]
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SCOTUS Rules State Medicaid Programs Can Recoup a Larger Share of Personal Injury Settlements
Suppose you were injured due to another person’s negligence and your medical expenses were paid in whole or part by Medicaid. In that case, the state has a legal right to recover the funds it spends on your care from a personal injury settlement or award. In a case involving a Florida teen catastrophically injured […]
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MEDICAID ALERT: New Medicaid Community Care Look Back Rules Start October 1, 2022
If this sounds familiar, you’re right—recent years have seen many extensions of rules regarding Medicaid. But for New Yorkers, this most recent change to Medicaid Community Based Care is a result of a New York State’s 2022-2023 budget and not the pandemic. There has always been a five-year lookback period for Medicaid applicants seeking coverage […]
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Compare and Contrast: Medicaid Asset Protection Trust and Medicaid Annuity
The prospect of a spouse needing nursing home care is one of the biggest financial worries for couples. With some facilities on Long Island now charging more than $600 a day, even with long-term care insurance policy benefits, the monthly out-of-pocket cost of a room in a nursing home can easily exceed $6,000. For couples […]
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ELDER LAW UPDATE: Medicaid Community Based Care Look Back Period Extended to April 2021
As a result of the continued pandemic, the Secretary of Health and Human Services has continued to renew the declaration that a public health emergency exists. The most recent renewal extends the PHE through until late April, 2021. Due to the requirement for states to maintain Medicaid benefits through the Public Health Emergency, no changes to […]
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NEWS UPDATE: Important Changes to the New Community Based Long Term Care Laws
Adding new lookback requirements for those applying for community-based Medicaid home care that went into effect on October 1, 2020 have been pushed back to January 1, 2021 because of the renewal of the Federal Public Health Emergency (PHE) Declaration. The renewal is effective as of October 23 and for 90 days thereafter. All COVID […]
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Prepare Now for October 1, 2020 Changes to Community Medicaid
October 1 is the date when a host of new rules go into effect regarding Medicaid home care and all community based long term care services. It is essential to plan now if this is on the event horizon for you or a member of your family. Perhaps the most significant change is the 30 […]
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