Medicaid Eligibility Process for Nursing Home Care
Medicaid Eligibility Process for Nursing Home Care



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Course Description

This program was recorded on January 9, 2019

Medicaid was enacted in 1965 as Title XIX of the Social Security Act, 42 U.S.C. § 1396, et. seq., and it is a joint federal-state endeavor designed to provide health care to needy individuals. Atkins v. Rivera, 477 U.S. 154 (1986). A state is not required to participate in the Medicaid program, but it if chooses to participate, it must create a plan that conforms to the requirements of the Medicaid statute and the federal Medicaid regulations. Washington v. Bowen, 815 F.2d 549 (9th Cir. 1987). Our discussion will focus on the process to secure Medicaid Eligibility for Nursing Home Care/Long Term Care. The subject is crucially important as we are faced with an increased aging population, including specifically, those lacking capacity due to Dementia, Alzheimer’s, brain injury and/or other causes, and the difficulty in obtaining third-party payment (bet best), and/or the potential for decreased Medicaid funding (at worst). We will further discuss the role that Attorneys play in this process, along with frequent issues that Attorneys face in Medicaid and Estate planning, Probate Court, applicable areas of Real Estate law and in working with the State Medicaid Agency.

Attorney Jackie RichardsonJackie Richardson
Jackie brings experience in handling an assortment of general litigation matters, focusing on effectively addressing a myriad of Medicaid related concerns and coverage issues for long-term care facilities and also handling Workers’ Compensation matters. Jackie received her Bachelor of Arts from the College of Charleston in 2006. She obtained her Juris Doctor from the University of South Carolina School of Law in 2009, where she was a member of the Moot Court Bar and South Carolina Journal of International Law and Business.

Contact Jackie Richardson

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  1. Categorical Eligibility Requirements v. Financial Eligibility Requirements
    1. Categorical Eligibility
    2. Financial Eligibility
  2. The Medicaid Eligibility Process
    1. The Medicaid Application
    2. What happens after you file a Medicaid Application?
  3. Incapacity and the Medicaid Eligibility Process
    1. Issues
    2. Solutions
  4. Transfers of Assets
    1. Fair Market Value
    2. Transfer of Assets for Less Than Fair Market Value