This Reference Book will be Helpful to:
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.
Get Quick Answers to Critical Questions:
This Reference Book will be Helpful to:
- 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?
Summary of Contents:
Overview of Pennsylvania Medicaid Long-term Care Benefits
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
Calculations Monthly Maintenance Needs Allowance
Community Spouse Resource Allowance
Income First vs. Resource First Rule
Achieving Resource Eligibility
Spend-down Transfer of Assets (Gifting rules and transfer penalties)
Estate Recovery Fair
Hearings & Appeals
- FINANCIAL ADVISORS
- NURSING HOME ADMINISTRATORS
- SOCIAL WORKERS
- ANYONE ADVISING SENIORS
"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
"Bob Gerhard, a frequent lecturer on the Pennsylvania Bar Institute'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.
"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." Ken Coughlin ElderLawAnswers.com