Avoiding The Unnecessary MSA: Obtaining An Opinion Letter
Since the advent of Section 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007, defendants and defense counsel are more vigorous in ensuring that all Medicare liens are paid in full from settlement proceeds and that a Medicare Set Aside Arrangement (MSA) is established where required. Unfortunately, since this area is new, many…
Should I Consider Long-Term Care Planning For Myself Or A Member Of My Family?
The Begley Law Group assists many families in long-term care planning. Unfortunately, it has been our experience that most families wait until a crisis has arrived and it is often too late to save significant assets. By planning early, families tend to have far better results. Age 75 is usually an appropriate age to begin…
Taxation Of Confidentiality Agreements
The taxation of Confidentiality Agreements in personal injury settlements is becoming and increasing concern to plaintiffs and to personal injury lawyers. The issue arises out of a United States tax court case. This case involved an incident in which Dennis Rodman, a basketball player for the Chicago Bulls, during the course of a game against…
TRANSFER OF ASSETS TO DISABLED CHILDREN
The current federal Medicaid statute has been in effect since 1989.[1] Generally, the statute provides that if an individual makes an uncompensated transfer of resources, the value of those resources are divided by the average monthly cost of a nursing home and the resulting quotient is the number of months during which the applicant will…
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