On July 30, 1965, President Lyndon B. Johnson signed into law legislation that established the Medicare and Medicaid programs. For 55 years, these two programs have protected the health and well-being of millions of American families, saving lives, and improving the economic security of our nation. It was controversial at the time, but it wasn’t a new […]
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How Do the New Rules for Community Medicaid for Home Care Work?
While October 1, 2020 may feel like it’s a long way off, it will be here before you know it. 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 […]
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Spousal Refusal Saved – But Look Back for Homecare Timeframe Shrinks
Good news for New Yorkers regarding Medicaid and Spousal Refusal – the New York State Education and Health Budget Bill is making progress through the New York State legislature. Due to the efforts of the NYS Bar Association Elder Law Section and the New York Chapter of the National Academy of Elder Law Attorneys, the […]
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New York’s “Spousal Refusal” is at Immediate Risk – Call Lawmakers Now Before They Make This Change
The last five governors of New York State have tried twenty eight times to change the practice known as “spousal refusal,” the right of a well spouse to decline to allow their finances to be stripped to the bone so that a sick spouse can qualify for Medicaid. The governor’s proposals to eliminate spousal refusal […]
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Scott B. Silverberg Accepted into Stetson University School of Law L.L.M. in Elder Law Program
We are pleased to report that Scott Silverberg has been accepted into the L.L.M. in Elder Law program at the prestigious Stetson University School of Law. This rigorous online program is offered only to Elder Law practitioners who have provide legal services in elder law matters in highly specific areas of the law. Stetson’s L.L.M. […]
Continue reading…Protecting Your House Before and After Moving Into a Nursing Home
Protecting the family home is one of the biggest issues that people worry about when discussing Medicaid eligibility. Let’s look at some of the basics: While you generally don’t have to sell your home in order to qualify for Medicaid coverage of nursing home care, it is possible the state can file a claim against […]
Continue reading…What a Good Long -Term Care Insurance Policy Should Include
Nursing home and long-term care costs continue to rise and it is difficult to qualify for Medicaid to pay for nursing home costs. Long-term care insurance can help cover expenses, but long term care insurance contracts are notoriously confusing. How do you figure out what is right for you? The following are some tips to help […]
Continue reading…Scott Silverberg Wins Medicaid Coverage Appeal
I’ve been practicing elder law for many decades, but there’s always something new and unexpected in any area of the law. Here, it was a decision in a Medicaid coverage matter skillfully handled by Scott Silverberg, an associate at the firm and also my son. It was a great reflection on the firm, and an […]
Continue reading…VA Releases Final Draft of Net Worth, Asset Transfers and Income Exclusions for Needs-Based Benefits
Some changes recently announced will have significant changes on planning for VA pensions, and others brought a sigh of relief to veterans and their advocates. The good news was the announcement that changes in the adjudication of VA pension claims in the final rule are NOT retroactive. Here is a further breakdown of the new […]
Continue reading…Scott Silverberg Speaking at NAELA Essentials Practicum Workshop November 15
We are pleased to announce that Scott Silverberg will be a speaker at the upcoming NAELA Essentials Practicum Workshop, part of the NAELA Summit held this November 15 – 18th in Newport Beach, CA. After attending several conferences, Scott joined the planning committee, and was invited to present. The NAELA Essentials Practicum is designed for practitioners new […]
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