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The Impact Of The Medically Needy Program On Long-Term Care Funding

Prepared for The Medicaid Long Term CareFunding Advisory Council by Thomas D. Begley, Jr. 1.  BACKGROUND The Independence, Dignity and Choice in Long-Term Care Act1 has a stated goal of rebalancing state long-term care programs and budgets so that more older adults and persons with disabilities live in their homes and communities.2 The Act acknowledges…

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Medicaid Planning After Reform

by Thomas D. Begley, Jr., CELA and Andrew H. Hook, CELA, CFP On February 8, 2006, President Bush signed the Deficit Reduction Act of 2005 (ADRA@). 1 The effect of this legislation has made it more difficult for persons to become eligible for Medicaid. Unfortunately, the federal and state governments save money at the expense…

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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…

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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…

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