July 2018 Georgia’s Medicaid Changes in 2018 The rules for Georgia’s Medicaid program change constantly. These rules, however, rarely change in our clients’ favor. In 2006, the state implemented the Medicaid Estate Recovery Program and the 60-month look back period for transfer of assets. In 2018, however, it has brought two surprising changes for our clients and for all nursing home residents on Medicaid: a $15 Increase in the Personal Needs Allowance and $25,000 Exemption for Medicaid Estate Recovery.
The $15 Increase in the Personal Needs Allowance For many years, nursing home residents that use Medicaid benefits are only allowed to keep $50 of their income. The rest of their income is used to pay for the nursing home, health insurance premiums, medical expenses and spousal diversions (if applicable). This $50 personal needs allowance is all that Georgia Medicaid beneficiaries have to pay for clothing, snacks, cable, cell phones, and other incidentals. We have not seen an increase to the personal needs allowance in years. The 2019 budget, which takes effect July 1, 2018, included a small increase to the personal needs allowance. It is now $65/month. The $25,000 Exemption for Medicaid Estate Recovery SB 370 was passed and signed into law by the governor. This bill will exempt the first $25,000 from being claimed by Medicaid Estate Recovery. Currently, the estate of any deceased person that received Medicaid benefits to pay for long-term services and support (or Nursing Home Medicaid) can be impacted by Medicaid Estate Recovery if that estate is worth at least $25,000. This means that if a person who used Medicaid to pay for nursing home care dies while owning a home worth $30,000, the state can try to recoup the money they spent on that person’s behalf by placing a lien on the house for up to the entire value of the house. If the house were only worth $24,000, no lien would be placed on the house. This new law changes this situation so that the first $25,000 of a person’s estate would be exempt from Medicaid Estate Recovery; so in the case of the $30,000, the state could only make a claim for up to $5,000 (the value of the home – the $25,000 exemption). This law will go into effect when/if the state Medicaid plan is amended (a process that requires approval by the Center for Medicare and Medicaid Services). To read more about Medicaid Estate Recovery, please click here. In addition to these changes to Medicaid, the governor signed another bill that impacts nursing home residents. SB 406 is an effort to reduce elder abuse by requiring comprehensive FBI background checks and fingerprinting for employees with direct access to patients in long-term care settings (such as nursing homes, personal care homes, assisted living communities, private home care providers and adult day care centers). It also creates the Central Caregiver Registry, which will allow employers to search for caregiver background checks. Elder abuse is a huge issue in Georgia, and our leaders have been working hard to address it. SB 406 is one of three bills that passed this year to help combat elder abuse. The Medicaid rules are always changing. To stay up-to-date on the current rules and laws, please follow us on Facebook and subscribe to our blog. If you have questions about how Medicaid would work for you or someone you know, please call our office for a complimentary consultation at (404) 843-0121 or connect with us online. | |
Family Business
While the majority of the Hurley employees enjoyed floating, food, and fireworks on the fourth, Danielle was completely focused on fitness! This year she ran her 7th Peachtree Road Race!
Earlier in this month, Michelle and Louise slipped away from the office for a few days to visit our friends at the Rothkoff Law Group in New Jersey. Our staff regularly travels around the country to share best practices with other elder law firms. We would like to thank Jerry and his staff for being such wonderful hosts!
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Upcoming Speaking Events and CEsContinuing Education (CE) *All CE topics are certified for case managers, nurses and social workers
During the
presentation Hurley Elder Care Law will present information explaining the four
different types of surrogate decision makers and their necessary legal
documents. Ms. Humphrey will review the responsibilities of a healthcare
agent and discuss factors to consider when dealing with a healthcare agent. The
discussion will feature a review of ethical dilemmas that healthcare agents
face and examine guidelines for making decisions on behalf of someone else.
Through a series of case studies, Ms. Humphrey will discuss how healthcare
professionals sometimes struggle with patient autonomy and informed consent
when surrogates are involved.
What healthcare documents does everyone really need
and exactly how do they work? What are the repercussions of needing care and
having no documents in place? What options do healthcare providers have when
families need to take action? This seminar will review the essential documents
every adult needs including the General Durable Power of Attorney, The Georgia
Advance Directive for Healthcare and various other documents that may be
recommended. 11:30 AM-12:00 PM Registration & Lunch, 12:00 PM-1:00
PM CE Education, Garden Plaza at Lawrenceville, 230 Collins Industrial Way, Lawrenceville, GA 30043, RSVP: gardenplazace2018.eventbrite.com
Knowing the options available and planning for
the unexpected loss in functional and cognitive capacity is the best way for
healthcare professionals to advise their patients and families. The earlier you
plan, the more options are available. Dementia is hard enough when there is a
plan in place; dementia with no plan will leave families exhausted, stressed
and financially distressed. 5:30 PM-6:00 PM Registration & Dinner, 6:00 PM-7:00 PM CE Education, Sunrise Ivey Ridge, 2950 Old Alabama Road, Alpharetta, GA 30022, RSVP: sunriseiveyridgece.eventbrite.com
Community Events
Wednesday, August 29- Join Joanna Hurley of Hurley Elder Care Law as she
presents "You Don't Know What You Don't Know" at Freeman Poole Senior
Center The options for paying for long-term care are limited. Did
you know that Medicare will not pay for home care or assisted living community
care? Do you know what Medicaid provides? Most families do not realize their
limited options until they are in a crisis—usually when their loved one is
about to be discharged from a hospital. Making decisions while in a crisis can
be stressful and result in bad choices. This seminar is intended to provide
information prior to a crisis. Learn how to best find, get and pay for good
long-term care. 1:00 PM- 2:00 PM, Freeman Poole Senior Center, 4025 South Hurt Road, Smyrna, GA 30082, RSVP: Merline Beavil, 770-801-3400
For more details and a complete list of upcoming events, please visit Hurley Elder Care Law Community Education.
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Miles P. Hurley, JD, CELA
Miles P. Hurley founded Hurley Elder Care Law in 2006 to provide legal assistance to the elderly population on issues relating to aging including retaining independence, quality of life and financial security. Mr. Hurley is one of eleven attorneys in the state of Georgia to receive the Elder Law Attorney Certification, and one of approximately 400 nationwide.
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Hurley Elder Care Law is dedicated to the process of long-term care and estate planning. Call us today for a free phone consultation with a client coordinator at (404) 843-0121.
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Like us on Facebook! Like us on Facebook to stay informed about our events and important elder law information.
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Follow us on Twitter! Follow us on Twitter, to stay up to date on important elder law information and Hurley Elder Care Law news.
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Connect on LinkedIn! Connect with us on LinkedIn for updates on our upcoming CE presentations and helpful elder law information.
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Hurley Elder Care Law 100 Galleria Pkwy, Suite 650 Atlanta, GA 30339 404-843-0121
Satellite Offices 2011 Commerce Dr. Suite 100, Peachtree City, GA 30269 225 Creekstone Ridge, Woodstock, GA 30188 6340 Sugarloaf Pkwy. Suite 200, Duluth, GA 30097
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