Medicare vs. Medicaid

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Stone Law, LLC

Posted on

Aug 12, 2021

Book/Edition

Colorado - Northern Colorado

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Medicare and Medicaid are often referred to interchangeably, but they are not identical programs and have different coverage benefits.
The goal of Medicare, which is tied to eligibility for Social Security, is to provide affordable health insurance for the elderly. Getting set up with the right Medicare coverage can be confusing; having someone to help you navigate all the options can make the process feel less intimidating. To add to the challenge of setting up Medicare, there are private insurance companies that have supplemental insurance plans (Medicare Supplement or Medigap Insurance) to cover any medical expenses not met under Medicare.
Medicaid, on the other hand, is a federal and state public assistance program that pays for health care services limited to eligible indigent individuals (e.g. disabled, elderly, etc.) with financial need. Unlike Medicare, qualifying for Medicaid is unrelated to work requirements.
One of the many key differences between Medicare and Medicaid is this: while Medicare does not cover long-term nursing home care, Medicaid does. Since private, long-term care insurance does not cover all nursing home costs, having Medicaid coverage is beneficial. To be eligible for Medicaid coverage of nursing home care, there are citizenship, medical, and financial requirements.

Estate Planning, Asset Protection and Nursing Home Care with Medicaid Eligibility Consideration

While there are ways to protect your assets and qualify for Medicaid services, this is a specialized area of Elder Law practice and working with an Elder Law attorney who knows the laws around Medicaid eligibility is critical. At Stone Law our attorneys continually review changes made to the law so we can help you come up with a plan that meets your needs and fits within the legal requirements for Medicaid eligibility.
Its never too late to do this type of planning. Even if a loved one is already in a nursing home planning can be done to save a portion of those assets from being spent on nursing home care. Typically at least half of the remaining assets can be protected, but in many cases even more can be saved. If someone tells you the only option is to spend down the assets they probably dont know enough about this area of the law. Call Stone Lawtoday and let us work with you to protect your assets and preserve them for your family.

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Top 5 Questions A Certified Medicaid Planner Encounters: Insights for Healthcare Pros and Caregivers

Hello, allow us to introduce ourselves! We are Beneficent, and we provide trustworthy long-term care guidance for deeply caring family members facing a critical long-term care financial crisis.Beneficent helps clients understand, prepare, and qualify for programs covering high costs of Long-term Care including assisted living, adult day care, home care, or skilled nursing homes for seniors and disabled adults.As Certified Medicaid Planers Read our Top 5 questions we hear most.Must I spend down to $2,000 to apply for long-term care Medicaid? No, reducing your assets to $2,000 is not the only route to qualify for Long-term Care Medicaid if your income exceeds the limits. By leveraging legal strategies within Medicaid regulations, we can assist in navigating the income requirements.For 2024, a single applicant is expected to have a resource limit of $2,000, while the limit for a married applicant is about $150,000 If I accept Medicaid assistance will I lose my home?Once a Medicaid recipient passes, the state may seek reimbursement of the amount they paid for in long-term care costs. However, proper planning can protect a home and other assets from a Medicaid claim.I have been told I make too much money to qualify for Long-term Care Medicaid?The best way to figure out your best options is to schedule your first free initial consultation with Beneficent on our home page. (www.doinggoodforothers.com)During that time, we'll review and evaluate your assets to determine if we can help you qualify for a long-term plan4. Is Medicaid Planning legal and ethical?Proper Medicaid planning is legal and ethical and it works to ensure that all rules and regulations are followed.Medicaid planning seeks out effective methods of securing eligibility while preserving assets for the future benefit of the applicant and the applicants loved ones5. Should I apply for Medicaid or VA Aid + Attandance on my own?We appreciate your determination to tackle the application process independently. However, it's important to note that many individuals find themselves facing denials due to the complexity of the process.To support you, we offer a complimentary 1-hour consultation where we share our expertise on how to file for and qualify for these benefitscompletely free of charge.If you feel prepared to dedicate the significant amount of time required and are ready to manage the intricate details involved, we are more than willing to equip you with all the necessary information. Our goal is to ensure that you are informed and confident in whichever path you choose to take, whether it's proceeding on your own or seeking further assistance. Remember, our guidance during the consultation is meant to empower you with knowledge, but navigating the process can still be a challenging endeavor. Call us to schedule an appointment. 719.645.8350 - OR - read more of our FAQs on our website. www.doinggoodforothers.com/faqs 

The Top 5 Misconceptions about Long-term Care Medicaid Eligibility

What You Have HeardAsk yourself, was the info you heard from a Certified Medicaid Planner?Medicaid Misconception #1 - You can only have $2,000.FACTSSingle applicants have a resource limit of $2,000. (in 2024) A married applicant has a resource limit of about $150,000. (in 2024)Medicaid Misconception #2 - Your home will be taken from you if you are on Medicaid.FACTSAll applicants are allowed to have 1 home and 1 car. There are ways to avoid Medicaid estate recovery, an applicant can receive Medicaid and keep their home.Medicaid Misconception #3 - You make too much money.FACTS If you are over the income limit, Beneficent can provide the legal steps using the Medicaid code to bypass being over the income limit.Medicaid Misconception #4 - You must spend down to $2,000 to qualify for Medicaid.FACTSThis is an option, however not your only option. If you want to preserve the hard-earned assets you or your loved one has worked their entire life, you can!Medicaid Misconception #5 - Why doesnt everyone apply for Long-term Care Medicaid if the other outcome statements are true?FACTSMany are deceived by misinformation and preconceived notions. There's a game-changer you need to know about - Certified Medicaid Planners (CMP) - we know the rules and regulations.You can find all the CMPs in the United States here, (https://cmpboard.org/locate-a-cmp/)  there arent too many of us! Need to schedule an appointment with one of our Certified Medicaid Planners at Beneficent? Book here (https://calendly.com/doinggoodforothers) or call our office (719.645.8350) for more appointment times.

Protecting and Keeping Assets Within your Family

What about those greedy relatives?Remember the Baudelaire children from our previous Legal Brief about Lemony Snickets A Series of Unfortunate Events? Lets look at another way parents with children of any age can protect their legacy.In Lemony Snickets tale the Baudelaire children are left with a significant family fortune when their parents die. Their uncle hopes to gain access to this vast fortune by taking in the children. When that does not work he tries to marry Violet, the oldest daughter, so he can access the family wealth. Hopefully your relatives are not awful like Count Olaf; yet, sometimes you only find out who people truly are after someone passes away. So, what is the estate planning remedy for greedy relatives or even your childs questionable spouse?Trust planning.Trust planning ensures your family fortune, no matter the amount, stays with your children; not in the hands of a greedy relative, in-law, creditor, or even used in an unintended manner by your children.There are many ways to write trusts to ensure your wishes are met. The general starting point for trust planning is a revocable living trust. When properly funded, this type of trust allows trust assets to pass directly to beneficiaries bypassing the probate process. Bypassing probate also keeps your wishes private. Additionally, if a surviving spouse remarries a revocable living trust can be built to keep existing family assets within the family. The surviving spouse can access assets but when they pass away trust assets continue down to your children and grandchildren instead of going to an unintended beneficiary.More specific concerns?Maybe you have a child with a disability? Consider a special needs trust. A special needs trust prevents a large lump sum from an inheritance going directly to a beneficiary. Instead, a trustee manages the trust and assets. Money is given on an as needed basis for anything not provided through other benefits or programs. This can be especially useful when needs based programming covers only the minimum services. This specialized trust allows you to protect and provide for your loved ones with special needs and circumstances when you are no longer able to do so, while still allowing them to maintain their other benefits.Is one of your children caught up in drugs or debt? Consider a heritage trust. A heritage trust could help in Violets situation with her uncle or if some other gold-digger comes along and tries to marry her for the family fortune. How? Heritage trust planning allows you to name a trustee who can manage trust assets. This person or institution provides the beneficiary with funds for reasonable requests (e.g., housing, education, etc.). The trustee acts as a gatekeeper. Trust assets pass from your child to grandchildren or other beneficiaries. This shelters trust assets, keeping them within your family or named beneficiaries for multiple generations. Trust assets are also protected from creditors, lawsuits, and from spouses or others not directly named as beneficiaries.What exactly is a trustee?Your trustee is the person who manages and distributes trust assets after your passing. As with any decision regarding finances, choose your trustee carefully. Appoint someone to this role who you will take their responsibility seriously. Someone you trust to carry out your wishes and manage trust assets wisely. Allowing assets to grow and benefit your family members for years to come.Remember: trusts do not go through the probate process like a will, so your decisions remain private. Give yourself peace of mind today by taking care of your estate planning with Stone Law! Make your guardianship wishes known in your will and put together trust planning to ensure your assets go where you want them to.

Local Services By This Author

Stone Law, LLC

Estate Planning 430 E 6th Street, Loveland, Colorado, 80537

At Stone Law, we support you and your family with any aging and disability concerns. We can help make sure you have a solid plan for these and other what ifs to give you peace of mind. Our primary goal is to advocate for the elderly so no one can take advantage or manipulate a situation to their benefit. We aim to make sure your needs and wishes are met. We will always be sensitive to your needs and emotion. We also recognize that issues and concerns are broader than simply addressing legal needs and can help facilitate partnerships with other helpful agencies.