Brian A. Raphan, Esq.
The Top 8 Medicaid Planning Mistakes
Avoiding the mistakes when planning for Medicaid can help save your family thousands of dollars.
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Brian A. Raphan, Esq.
- Jul 8, 2022
- 3 min
Why your Medicaid Application should be entrusted to an Elder Law Attorney:
Via NYS BAR ASSOCIATION What Is Medicaid? Medicaid is the government funded program through which many persons receive care at home or...
Brian A. Raphan, Esq.
- Jun 6, 2022
- 2 min
A Bill Ending Medicaid Estate Recovery Has Been Introduced.
Rep. Jan Schakowsky (D-Ill.) has introduced The Stop Unfair Medicaid Recoveries Act, which would repeal the requirement that states...
Brian A. Raphan, Esq.
- Feb 8, 2022
- 2 min
Can you avoid a Nursing Home, and still get care with Medicaid's Home Care Waivers ?
The most common type of Medicaid waiver expands Medicaid to cover home care to individuals who need a high level of care, but who would like
Brian A. Raphan, Esq.
- Nov 1, 2021
- 1 min
Update: Medicaid Deadline is approaching. Don't lose out.
Essentially, free home care services!
There is an important deadline coming up for New Yorkers: March 31, 2022. When the...
Samantha Benadiba, Esq
- May 8, 2021
- 2 min
Don't Miss Your Chance For Free Homecare
Very good Medicaid news decided this month! The New York State Department of Health has further delayed the start of the 2.5 year...
Brian A. Raphan, Esq.
- Mar 1, 2021
- 1 min
Update: New Remote Notary & Medicaid Deadlines
There are two important deadlines coming up for New Yorkers: July 5th, 2021, and January 1st, 2022.
Remote Notarization of documents and ...
Brian A. Raphan, Esq.
- Apr 10, 2019
- 2 min
Proving That a Transfer Was Not Made in Order to Qualify for Medicaid
Medicaid law imposes a penalty period for unqualified transfers.
Brian A. Raphan, Esq.
- Feb 22, 2019
- 1 min
Helpful and Free easy-to-read Legal Guides for Senior Citizens.
Check out our helpful and free easy to read legal guides!
Brian A. Raphan, Esq.
- Jan 5, 2019
- 2 min
2019 Guidelines Used to Protect the Spouses of Medicaid Applicants
The Centers for Medicare & Medicaid Services (CMS) has released the 2019 federal guidelines for how much money the spouses of...
Brian A. Raphan, Esq.
- Jun 17, 2018
- 2 min
Careful…Gifting To Family Can Affect Medicaid Eligibility
Any transfer that you make, however nominal, may be scrutinized. - Matthew S. Raphan, Esq.
Brian A. Raphan, Esq.
- May 1, 2018
- 1 min
Medicaid Applicants & Home Care: Centers for Medicare and Medicaid Services Clarifies Penalty Pe
The Centers for Medicare and Medicaid Services (CMS) has clarified when a transfer penalty begins for Medicaid applicants who are seeking...
Brian A. Raphan, Esq.
- Mar 27, 2018
- 2 min
What’s the Difference Between Medicare and Medicaid in the Context of Long-Term Care?
Although their names are confusingly alike, Medicaid and Medicare are quite different programs. Both of these programs provide health...
Brian A. Raphan, Esq.
- Aug 31, 2017
- 2 min
State Properly Valued Sale of Medicaid Applicant’s Life Estate…
An Ohio appeals court rules that the state correctly valued the sale of a Medicaid applicant’s life estate using the specific state...
Brian A. Raphan, Esq.
- Jul 18, 2017
- 2 min
New Protections for Nursing Home Residents
New Obama-era rules designed to give nursing home residents more control of their care are gradually going into effect. The rules give...
Brian A. Raphan, Esq.
- May 18, 2017
- 1 min
Can You Transfer Assets Using Medicaid’s Disability Transfer Exception?
The Medicaid exception refers to a transfer to a special needs trust (also called supplemental needs trust). Even after moving to a nursing
Brian A. Raphan, Esq.
- Apr 13, 2017
- 1 min
A Medicaid Applicant’s Purchase of Life Insurance Policy Is Transfer for Less Than Market Valu
An Illinois appeals court rules that a Medicaid applicant’s purchase of a life insurance policy was a transfer for less than fair market...
Brian A. Raphan, Esq.
- Feb 9, 2017
- 3 min
Top 10 Elder Law decisions of 2016
Below, in chronological order, is ElderLawAnswers’ annual roundup of the top 10 elder law decisions for the year just ended, as measured...
Brian A. Raphan, Esq.
- Jan 4, 2017
- 1 min
Will Gifting a Car Cause a Medicaid Penalty Period?
The answer is probably “yes,” but it depends on the circumstances. Are we talking about a 10-year-old Toyota Corolla or a brand new...
Brian A. Raphan, Esq.
- May 4, 2016
- 2 min
Payments to Caregiver Subject Medicaid Applicant to Penalty Period
Reversing a lower court, a Michigan appeals court rules that under state regulations a Medicaid applicant’s payments to a non-relative...
Important news for seniors and their families
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