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Episode Summary
Medicaid is a valuable federal program that primarily applies to nursing home and in-home care. The law is open to some interpretation by individual states, so it’s important to consult professionals you can trust to guide you through the legal and financial complexities of the program.
Jeffrey R. Bellomo, founder of Bellomo & Associates, is a licensed and certified elder law attorney with a master’s degree in taxation and a certificate in estate planning. Jeff is skilled at explaining legal and financial topics in easy-to-understand language, as he does in this discussion of the current state of Medicaid as applied in Pennsylvania.
Key Takeaways
02:17 – Medicaid basics
Medicaid is a federal program originating with The Deficit Reduction Act (DRA-2005) and The Omnibus Reconciliation Act (OBRA-1996)
The laws apply primarily to nursing home and long-term care (LTC)
Although based in federal legislation, some aspects of the law can vary by state
04:04 – Pennsylvania has state-specific interpretations of the law
Pennsylvania (PA) offers a Long-Term Care Handbook, which is available online
Interpretations can vary by county and even by caseworker
The PA Department of Human Services has final say if there is disagreement in how the state and an individual interpret the law
08:38 – Medicare is not Medicaid
Medicare does not cover nursing home care and LTC
Under Medicare, an individual admitted to the hospital for more than 3 consecutive midnights, can go into an LTC facility for rehab for up to 100 days
Non-compliant or non-participatory rehab patients could lose LTC funding and be forced into private pay
11:31 – PA Community HealthChoices Waiver
This Medicaid program provides in-home care for people with income less than $2,523/month
It can be difficult to qualify for in-home care if a person has income of more $2,523 per month
An excess income trust (see Achieva Family Trust in Pittsburgh) is a possible option for an individual with monthly income of $2,523 plus $500
14:22 – In-home and LTC staffing concerns
During Covid-19 pandemic, agencies had difficulty staffing in-home caregivers
Staffing shortages have lessened, but it’s still difficult in some counties
If staffing is not available for in-home care, a person might need to use an LTC facility
16:34 – Your assets can be protected
The monetary limits discussed above will change in 2023
When a person qualifies for Medicaid in PA, the amount of money they can keep depends upon their income
If an individual dies and has assets (in their name alone) of more than $2,400, the state can recover funds from the estate
Hire a professional for guidance if you know someone in a nursing home or someone who might need LTC within 6-12 months
Links and Resources Mentioned
Bellomo & Associates workshops, including Medicaid
https://bellomoassociates.com/workshops/
Pennsylvania (PA) Long-Term Care Handbook
http://services.dpw.state.pa.us/oimpolicymanuals/ltc/Long-Term_Care_Handbook.htm
Achieva Family Trust
https://www.achieva.info/family-trust
For more information, call us at (717) 845-5390.
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