Back in the Black | Winter 2013 - Cona Elder Law

Back in the Black | Winter 2013

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Cona Elder Law Secures Over $500,000 in Medicaid Reimbursement for One Resident

A.D., a 20-year-old long-term resident of a skilled nursing facility, had permanent physical and mental disabilities suffered at birth. A.D. lived in the community and received Medicaid community benefits through New York City HRA. In July 2010, A.D. was relocated from his home in Brooklyn to a skilled nursing facility upstate. The facility submitted a Medicaid conversion application to HRA on his behalf. Medicaid benefits were denied twice and the balance due was hundreds of thousands of dollars because A.D.’s care was provided at the $800/day level.

An interjurisdictional dispute commenced as neither NYC HRA nor the upstate county Department of Social Services would accept fiscal responsibility for A.D.’s care. Further, financial information and statements were not produced and numerous personal documents were outstanding. Even though A.D. had two court-appointed legal guardians, neither guardian was an elder law attorney, neither understood the Medicaid process and neither was able to secure all required records and statements. When the matter was referred to Cona Elder Law, we secured the guardians’ authorization to handle all aspects of the Medicaid application, including the authority to collect all required information and documentation and authority to deal with HRA’s Office of Legal Affairs. Cona Elder Law submitted a new Medicaid application as well as a Reconsideration Application as a means of protecting the earliest possible Medicaid pick-up date.

In the process, it was discovered that A.D. had a Special Needs Trust but that the trust was not funded. Again, the guardians, not practicing in the field of Elder Law, were not versed in Special Needs Trusts. Cona Elder Law instructed the guardians as to how to fund the trust and then had to prove that A.D. was considered disabled pursuant to federal Social Security Law, Social Services Law and Medicaid regulations such that the trust funds would be exempt assets. Next, Cona Elder Law argued in the guardianship court that the trust should be deemed funded nunc pro tunc, that is, retroactively, so that A.D. could be deemed Medicaid-eligible upon the date he entered the nursing facility. Cona Elder Law requested a fair hearing to secure the earliest possible pick-up date, which hearing was ultimately unneccessary as Cona Elder Law prevailed at the agency level by working with HRA’s Office of Legal Affairs.


Collections Corner

    The results are in! We have tallied up our collections on behalf of our health care facility clients for the 2012 calendar year. The numbers speak for themselves!

2012: $14 Million Collected

Private Pay: $4.7 million
Medicaid: $8.3 million
 Judgments: $1 million


2013 Medicaid Regional Rates

    The Department of Health has increased its assessment as to the average cost of nursing home care in each region. These figures are used to calculate Medicaid penalty periods for gifts and asset transfers.


2013 Medicaid Resource and Income Allowances

    The Department of Health has increased the Medicaid asset and income allowance figures for 2013.


The material in this newsletter is for informational and educational purposes only. The articles contained herein are not legal advice and do not necessarily reflect the opinion of  this law firm.



About the Author Cona Elder Law

Cona Elder Law is a full service law firm based in Melville, LI. Our firm concentrates in the areas of elder law, estate planning, estate administration and litigation, special needs planning and health care facility representation. We are proud to have been recognized for our innovative strategies, creative techniques and unparalleled negotiating skills unendingly driven toward our paramount objective - satisfying the needs of our clients.

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