Cona Elder Law


Back in the Black | Winter/Spring 2014


News Alert
Managed Medicaid Transition: Implementation Delayed

   The transition of nursing home residents to Medicaid Managed Care, scheduled to begin as of April 1, 2014, has been delayed. A new implementation date has not been set forth at this time.

The Intersection of Guardianships and Medicaid: Securing Medicaid Benefits When a Resident Lacks Capacity

Cona Elder Law Secures over $460,000 in Medicaid Reimbursement

   A.P., a resident of a skilled nursing facility since 2009, had diminished capacity and was unable to assist the facility with an application for Medicaid benefits. As the unpaid balance was growing, Cona Elder Law petitioned the Court for the appointment of a Guardian whose main role was to secure all required information and documentation to complete an application for Medicaid benefits. Upon filing the court petition, a Medicaid application was filed concurrently with proof that a Guardianship proceeding had been commenced. Based on the pending Guardianship, conditional approval was granted and Medicaid benefits were authorized.

Heightened Homeland Security Impacts Medicaid Benefits

   V.S. was a legal resident of the U.S. and held a “green card” (Permanent Residence Card). Prior to V.S.’s admission to a skilled nursing facility, he had traveled outside of the U.S. and when he returned, Homeland Security confiscated his green card due to post-9/11 heightened security. The administrative proceeding to get his green card back was still pending when V.S. applied for Medicaid benefits. Medicaid benefits were therefore denied based on V.S.’s failure to provide verification of his legal status in the U.S. 

Collections Corner

   The results are in! We have tallied up our collections on behalf of our health care facility clients for the 2013 calendar year. The numbers speak for themselves!

2013: $16.2 Million Collected

Private Pay: $4.5 million
Medicaid: $11.2 million
Judgments: $500,000

2014 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.

2014 Medicaid Resource and Income Allowances

    The Department of Health has increased the Medicaid asset and income allowance figures for 2014.

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.

225 Broad Hollow Road, Suite 200, Melville, New York 11747
T: 631.390.5000 F: 631.390.5001

© Cona Elder Law PLLC

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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