Brian A. Raphan, Esq.
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...
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Brian A. Raphan, Esq.
Jun 17, 20182 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 18, 20171 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.
Aug 23, 20161 min
NY Court Rules that Community Spouse’s Refusal to Contribute to Care Creates Implied Contract to Rep
http://www.raphanlaw.com A New York trial court enters judgment against a woman who refused to contribute to her spouse’s nursing home...
Brian A. Raphan, Esq.
Mar 19, 20161 min
Free Downloads: Easy to read elder guides for families and seniors.
Probate, Estate Planning, Healthcare Proxies, Medicaid Planning, etc. Get informed and find many of the answers to your existing...
Brian A. Raphan, Esq.
Feb 4, 20163 min
Protecting Your House from Medicaid Estate Recovery
After a Medicaid recipient dies, the state must attempt to recoup from his or her estate whatever benefits it paid for the recipient’s...
Brian A. Raphan, Esq.
Feb 2, 20161 min
Medicaid Applicant’s Irrevocable Trust Is an Available Resource Because Trustee Can Make Distr
An Alabama appeals court rules that a Medicaid applicant’s special needs trust is an available resource because the trustee had...
Brian A. Raphan, Esq.
Nov 4, 20152 min
An Attorney Who Advised Against Life Estate While Conducting Medicaid Planning Is Liable for Legal M
An Attorney Who Advised Against Life Estate While Conducting Medicaid Planning Is Liable for Legal Malpractice A Massachusetts appeals...
Brian A. Raphan, Esq.
Oct 28, 20152 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 programs provide health coverage,...
Brian A. Raphan, Esq.
Sep 10, 20154 min
How to Manage Higher Health Insurance Costs in 2016
There are ways to mitigate the effects of cost increases. Via US NEWS & WORLD REPORT By Elizabeth Renter Aug. 5, 2015 If you have health...
Brian A. Raphan, Esq.
Jun 30, 20152 min
Appeals Court Upholds Class Certification of Nursing Home Residents Seeking Community-Based Alternat
A U.S. Court of Appeals upholds a district court ruling that granted class certification to a group of disabled nursing home residents...
Brian A. Raphan, Esq.
Apr 17, 20152 min
State Not Required to Treat Medicaid Applicant’s Multiple Transfers as One Transaction
A Kentucky appeals court rules that a Medicaid applicant’s penalty period is appropriate because the state is not required to treat...
Brian A. Raphan, Esq.
Jan 13, 20151 min
2015 Spousal Impoverishment and Home Equity Figures:
The Centers for Medicare and Medicaid Services has released its Spousal Impoverishment Standards for 2015. The official spousal...
Brian A. Raphan, Esq.
Jan 10, 20152 min
Lack of Personal Care Agreement Makes Reimbursements to Relatives an Improper Transfer
Reversing a trial court, a Louisiana appeals court determines that a nursing home resident improperly transferred close to $50,000 to his...
Brian A. Raphan, Esq.
Dec 3, 20142 min
WHY IRREVOCABLE TRUSTS VS OUTRIGHT GIFTING
So, why complicate things with a trust? Why not just keep the planning as simple and inexpensive as possible? The short answer is that...
Brian A. Raphan, Esq.
Dec 2, 20142 min
What Happens to a Medicaid Recipient If the Spouse at Home Dies First?
When one spouse is in a nursing home and applying for Medicaid, planning has to take into account the possibility that the spouse who is...
Brian A. Raphan, Esq.
Nov 6, 20141 min
Nursing Home’s Claim Has Priority over State’s Medicaid Claim
A New York appeals court rules that a nursing home that had a claim against the guardianship account of a resident is entitled to...
Brian A. Raphan, Esq.
Jul 8, 20142 min
Heir Liable for Reimbursement of Mother’s Medicaid Expenses
Medi-Cal (Medicaid) recipient Merver Mays died, leaving her house as her only asset. Ms. Mays’ daughter, Betty Bedford, petitioned the...
