Pennsylvania Medicaid and Elder Law Attorney

Medicaid Planning

Statute of Limitations for Medicaid Estate Recovery; “Time Does Not Run Against the King”

By Robert C. Gerhard, III

Is there a statute of limitations in estate recovery matters? How long does the Commonwealth of Pennsylvania’s Department of Human Services have to enforce its right to the Medicaid payback …

Should My Income be Paid Directly to the Nursing Home?

By Robert C. Gerhard, III

A nursing home resident will need to pay some or most income to the facility once Medicaid benefits have been approved. The nursing home may provide you with paperwork upon …

How to Appeal A Medicaid Transfer Penalty

By Robert C. Gerhard, III

If you have been denied Medicaid benefits due to an alleged transfer for less than fair market value, you may feel overwhelmed. Fortunately, you can file an appeal, even while …

Can You Have Assets and Still Qualify for Medicaid Long-Term Care Benefits?

By Robert C. Gerhard, III

A person can have certain assets of significance and still qualify for Medicaid long-term care benefits. I received a call from someone whose father was trending toward the need for …

How are Income Payments to the Nursing Home Calculated for Medicaid Long-Term Care Benefits?

By Robert C. Gerhard, III

It is important to make sure that a Medicaid applicant’s income is properly calculated and paid to the nursing home. Sometimes a Medicaid application is filed and remains pending for …

Can You Avoid Medicaid’s 5-Year Look-Back Penalties?

By Robert C. Gerhard, III

When you apply for Medicaid, the agency will launch a 5-year look-back, in which they review your finances for the 60 months preceding your application date to determine whether you …

Exceptions to the Medicaid Requirement to Pay Income to the Nursing Home

By Robert C. Gerhard, III

An individual in a nursing home who qualifies for Medical Assistance (Medicaid) long-term care benefits will normally have to pay their income to the nursing facility, but exceptions apply to …

What Happens If I’m Denied Medicaid Benefits or Receive a Penalty From the Results of the Look-Back Period?

By Robert C. Gerhard, III

Medicaid is essential in helping individuals access medical care, especially elderly patients in need of long-term nursing care. But accessing Medicaid requires undergoing the 5-year look-back period, which is when …

How to Avoid the Medicaid 5-Year Look-Back Period

By Robert C. Gerhard, III

The Medicaid 5-year look-back is designed to review an applicant’s personal finances for the previous 60 months to ensure he or she qualifies for Medicaid long-term care benefits and to …