Medicaid Trusts
1. Medicaid-Qualifying Trusts Trusts established and funded on or before August 10, 1993, are governed by the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) and trusts established and funded after August 10, 1993, are governed by OBRA-93. 42 U.S.C. § 1396a(k) and 1396p. A Medicaid-Qualifying Trust (MQT) was defined under COBRA as a trust…
Reducing a Medicaid Lien
There are three ways to reduce a Medicaid lien. These strategies can be used separately or in combination. Procurement Costs. Under New Jersey law,[1][SJR1] where a Medicaid recipient settles a case against a third party, the Medicaid lien can be reduced by attorneys’ fees and costs and expenses. Many lawyers simply ask for and receive…
Selecting a Nursing Home for Your Loved Ones
The Centers for Medicare and Medicaid Services (CMS) recently completed a rating of nearly 16,000 nursing homes throughout the United States. This was done under the CMS Nursing Home Compare System. Based on these ratings, the Scripps Howard news service did a statistical analysis. Many of the findings were interesting. They included: NON-PROFITS Generally, nursing…
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