Elder law attorneys provide various legal services to help seniors and their families navigate the challenges accompanying the aging process. This includes asset protection but extends beyond applications for Medicaid. An Elder Law attorney will also help coordinate legal planning to address such matters as needing guardianship, help with obtaining Social Security and Veteran’s benefits […]
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When is the Best Time to Use a Medicaid Asset Protection Trust?
Long-term care planning is a critical aspect of estate and financial planning, especially for individuals who may require Medicaid in the future. A Medicaid Asset Protection Trust (MAPT) is one of the most effective tools for protecting assets while ensuring Medicaid eligibility. If an individual owns substantial assets, setting up a MAPT early can prevent […]
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Elder Lawyer Stephen J. Silverberg Speaks on Income-Only Trusts for Medicaid Eligibility
On Wednesday, December 4, Elder Law attorney Stephen J. Silverberg will speak before an audience of Elder Law and estate planning attorneys for a Continuing Legal Education program on the topic of drafting income-only trusts for Medicaid eligibility. Mr. Silverberg was invited to speak based on his extensive knowledge of Medicaid planning, the use of […]
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2025 Medicare Advantage Rates Are Finalized: Health Insurance Company Stocks Respond
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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