The Use of Immediate Annuities in Medicaid Planning for Married Couples

mmediate annuities can be a useful tool to protect the spouse of a nursing home resident who applies for Medicaid. These types of annuities allow the nursing home resident to spend down assets and give the spouse a guaranteed income. But immediate annuities may not work in every state, Continue reading

Observation Stays in the Hospital: The Impact on Medicare Beneficiaries

By Judith Stein, Esq.

In December 2013, Ms. M., 99, was found on the floor in her assisted-living apartment. She was sent to the hospital and treated for a broken shoulder. She stayed at the hospital for three nights, but instead of being deemed an “inpatient,” she was considered Continue reading

Nursing Home Debt Collector’s Filial Support Lawsuit Against Family Does Not Violate Fair Debt Collection Law

The U.S. Court of Appeals for the Second Circuit holds that a law firm that was attempting to collect a debt from a nursing home resident’s family did not violate debt collection law when it filed a lawsuit against the family based on Pennsylvania’s filial support law. Eades v. Kennedy, Continue reading

Case Illustrates Need for a Formal Contract When Paying Relatives for Care

A growing number of people are entering into caregiver contracts with their family members. These contracts, also called personal service or personal care agreements, have many benefits, including rewarding the family member for indispensable help. But some fail to memorialize these Continue reading

What is an assisted-living facility, and how do I choose one?

What is an assisted-living facility? The wide number of options available makes defining the term difficult. Generally, however, assisted-living facilities primarily serve senior citizens who need more help than those who live in independent living communities.

These facilities typically Continue reading