Written by certified elder law specialist Robert C. Gerhard, III Esq. this reference book is a "must have" for anyone advising seniors and their families. This essential guide explains how Medicaid is used to finance long-term care in Pennsylvania. No other text discusses Pennsylvania’s Medicaid rules in such detail. Precise citations are provided to applicable cases, statutes, and regulations.
"This treatise is scholarly, provides clear citations, and will make a handy addition to any elder law attorney’s desk." Edward P. Carey, Esq., Elder Law Attorney and Former Regional Counsel for the Pennsylvania Department of Public Welfare
"The only book of its kind which addresses Pennsylvania Medicaid so comprehensively."
"Clearly written with hundreds of footnotes to direct you right to the applicable law."
Get Quick Answers to Critical Questions
- What resources are exempt?
- What assets are at risk of nursing home costs?
- What are the exact steps in the application process?
- How can assets be protected legally for the community spouse?
- Under what circumstances is gifting permitted in light of the Deficit Reduction Act of 2005?
- If a Medicaid application is denied, what is the appellate procedure?
- Is there a way to legally avoid estate recovery?
This reference book will be helpful to:
- FINANCIAL ADVISORS
- NURSING HOME ADMINISTRATORS
- SOCIAL WORKERS
- FAMILY MEMBERS APPLYING FOR MEDICAID
- ANYONE ADVISING SENIORS
Summary of Contents:
Overview of Pennsylvania Medicaid
Administration of the Medicaid Program
Medicare vs. Medicaid
Medicaid Fraud and Abuse
PDA 60+Waiver Program
Overview of Eligibility
Jointly Owned Resources
Deeming of Resources
Treatment of Income
Treatment of Lump Sums
Citizenship and Alienage Requirements
Hurly v. Houstoun Calculations
Monthly Maintenance Needs Allowance
Community Spouse Resource Allowance
Income First vs. Resource First Rule
Achieving Resource Eligibility
Transfer of Assets (Gifting, Pre-DRA and Post-DRA)
Fair Hearings & Appeals
Pennsylvania Medicaid - Long-Term Care Lawsource
by Robert C. Gerhard, III
Pennsylvania Elder Law Attorney
Published by the George T. Bisel Co.
This brand new source book edited by certified elder law specialist Robert C. Gerhard III, Esq., is a handy reference for anyone advising seniors and their families, and helping nursing home residents. This resource provides quick access to the statutes, regulations, cases, statements of policy, and operations memorandum that are a challenge to find, but are necessary to understand how Medicaid is used to finance long-term care in Pennsylvania. This year, estate planners and elder law attorneys have witnessed major changes in the Medicaid laws that impact eligibility for long-term care benefits. The recently implemented Deficit Reduction Act (DRA), enacted February 8, 2006, and effective in Pennsylvania for applications filed on or after March 3, 2007, made major changes to the rules which apply to Medicaid-funded long-term care. The Pennsylvania Department of Public Welfare has issued guidance in how it will interpret the DRA, but the prior statutes and existing regulations have not yet been updated. Effort has been taken in this source book to highlight law that appears to be still on the books, but which has been recently repealed or impacted by the DRA. This new lawsource is a companion to Mr. Gerhard's best-selling treatise Pennsylvania Medicaid — Long-Term Care.
- Pennsylvania Public Welfare Code (Selected Statutory Sections)
- Support of the Indigent (Act 43 of 2005) 23 Pa.C.S. §§ 4601 et seq.
- Pennsylvania Code (Selected Sections of Title 55 Pa. Code)
- Social Security Act (Selected Sections of Title 42 U.S.C.)
- HCFA Transmittal 64
- CMS Guidance on DRA
- Statements of Policy and Operations Memoranda Relevant to DRA Implementation in Pennsylvania
- Selected Cases/Index
ABOUT THE AUTHOR
Mr. Gerhard is a partner with the Montgomery County law firm of Gerhard & Gerhard located in Glenside, Pennsylvania. He is author of the law treatise Pennsylvania Medicaid - Long-Term Care, published by the George T. Bisel Company, currently in the second edition. He devotes his practice exclusively to estate planning, estate administration, and elder law matters, emphasizing Medicaid law and asset protection for families facing nursing home situations. Mr. Gerhard is certified as an elder law attorney by the National Elder Law Foundation. He has served as Chair of the Montgomery County Bar Association’s Elder Law Committee since 2000 and is a member of the Philadelphia Estate Planning Council, the Pennsylvania Bar Association’s Elder Law Section and Council, and the National Academy of Elder Law Attorneys. Mr. Gerhard received his law degree (J.D.) from the Dickinson School of Law and earned his tax law degree (LL.M. Taxation) from the Villanova University School of Law. Mr. Gerhard served as law clerk to the Honorable Theodore S. Gutovicz in the Philadelphia Court of Common Pleas, Orphans’ Court Division. He has been honored with Martindale Hubbell’s highest peer review rating of "AV." He was honored by his fellow lawyers and Philadelphia Magazine in 2005 - 2013 as "Super Lawyer" in the field of elder law by Philadelphia Magazine and also on a statewide basis in Pennsylvania Lawyer Magazine's Super Lawyer edition. Mr. Gerhard is co-author of the Montgomery County Elder Law Handbook and editor of the Montgomery County Elder Law Reference Guide. Mr. Gerhard teaches continuing education courses for lawyers and long-term care professionals, including "Representing an Individual Entering a Nursing Home," "Avoiding Medicaid Mistakes," and the "Do's and Don’'ts of the Medicaid Application Process" for the Pennsylvania Bar Institute. He is a current member and past-president of the Rotary Club of Glenside.
For details on how to order either title, call Gerhard & Gerhard Law Offices (215) 885-6785.
"Medicaid is a joint state-federal program. While Congress and the federal Centers for Medicare and Medicaid Services set out the general guidelines under which it operates, each state runs its own program. As a result, the rules are somewhat different in every state. ElderLawAnswers member attorney Robert C. Gerhard, III has just written the definitive book on Medicaid law in the state where he practices, Pennsylvania. The book is directed at lawyers and financial advisers, but Gerhard is such a clear writer that consumers could benefit by having it as well. The book consolidates and explains a variety of Pennsylvania regulations, statutes, and case law in one handy volume. Chapters detail, among other topics, the exact steps in the Medicaid application process, the rules for protecting assets for the community spouse, how to make Hurly appeals and calculations, and Pennsylvania's estate recovery provisions. Supplementing Gerhard's lucid explanations is a wealth of primary source material essential to Medicaid planning in Pennsylvania, including more than 25 forms, informational material from the Pennsylvania Department of Public Welfare, and the entire "HCFA Transmittal 64." Attorneys will also benefit from the numerous "Practice Tips" sprinkled throughout the volume. Citations abound, and even seasoned elder law attorneys in the state who know the law inside and out may appreciate having all the cites handy as a desk reference, while general practitioners will find the book a reliable reference for the most common questions. In his preface, author Robert Gerhard stresses that his guide is "a work in progress," and he anticipates annual updates and future expansion."
"Bob Gerhard, a frequent lecturer on the Pennsylvania Bar Instutute's continuing education circuit, has compiled in his user-friendly manuscript, Pennsylvania Medicaid - Nursing Home Care, an opus that deserves a place of dog-eared honor on everyone's ready-reference shelf right next to Tom Begley's Representing the Elderly Client and Robert Fleming's Elder Law Answer Book."
Robert DeLong, Esq., Elder Law Attorney, in a book review published in the Pennsylvania Bar Association's Elder Law Section Newsletter.