Monthly Archives: November 2016

Per Capita Caps or Block Grants Would Lead to Large and Growing Cuts in State Medicaid Programs

November 23, 2016

The health plan that Speaker Paul Ryan and other House Republican leaders unveiled today would radically restructure Medicaid by forcing states to accept reductions in federal funding for their Medicaid programs through either a “per capita cap” or a block grant, both of which would shrink federal funding for state Medicaid programs over time, relative to current law.  This would shift significant costs to states and almost certainly lead states to cut Medicaid substantially over time, potentially placing millions of low-income Americans at risk of losing part or all of their health coverage. Continue reading

2017 Medicare Parts A & B Premiums and Deductibles Announced

November 23, 2016

Date :  2016-11-10
Title : 2017 Medicare Parts A & B Premiums and Deductibles Announced
Contact :

2017 Medicare Parts A & B Premiums and Deductibles Announced

Today, the Centers for Medicare & Medicaid Services (CMS) announced the 2017 premiums for the Medicare inpatient hospital (Part A) and physician and outpatient hospital services (Part B) programs. Continue reading

Federal judge blocks rule giving nursing home residents right to sue

November 23, 2016

A federal judge in Mississippi issued an order Monday temporarily blocking a new rule from the Obama administration that gives patients at federally funded nursing homes the right to settle disputes in court.

Judge Michael Mills of the U.S. District Court for the Northern District of Mississippi granted a request from members of the nursing home industry to stop the rule from taking effect on Nov. 28 while it’s being challenged in court. Continue reading

The Elective Share Has No Friends: Creditors Trump Spouse in the Battle Over the Revocable Trust

November 23, 2016

Angela M. Vallario

University of Baltimore – School of Law
October 24, 2016

Capital University Law Review, Forthcoming

A revocable trust is a popular estate planning tool used to disinherit a spouse in fifteen jurisdictions. In common law jurisdictions a surviving spouse, who is dissatisfied with his or her inheritance, has the right to receive an elective share of the decedent’s estate regardless of the decedent’s estate plan. However, fifteen jurisdictions have defined a dissatisfied spouse’s rights with a fractional share of the deceased spouse’s “net probate estate,” allowing one spouse to disinherit the other, by single-handedly transferring his or her assets to a revocable trust. To add insult to injury seven of these common law jurisdictions have recently codified trust law making it seamless for the decedent’s creditor to be paid from revocable trust assets. Continue reading

Study: Residents’ preferences found to be misaligned with life-sustaining directives

November 23, 2016

Skilled nursing facility residents’ current treatment preferences don’t always agree with forms detailing their preferences for life-sustaining medical orders, results of a study published Tuesday suggest.

A team of researchers from Indiana University and the University of California-San Francisco examined the use of Physician Orders for Life-Sustaining Treatment forms within nursing home settings. Investigators also spoke to a group of 28 residents and their representatives about their knowledge of the forms, and to see how their current treatment preferences lined up with their POLST orders. Continue reading

Purchase of Life Insurance Policy by Medicaid Applicant Is Transfer of Assets

November 23, 2016

An Illinois appeals court rules that the purchase of a single premium life insurance policy by a Medicaid applicant was a non-allowable transfer of assets for less than fair market value and subject to a penalty period. Mahannah v. State (Ill. Ct. App., 4th Dist., No. 4–15–0838, Nov. 3, 2016).

Nursing home resident Edith Mahannah bought a single-premium whole life insurance policy for approximately $164,000 that named her son as the death beneficiary. Two weeks later, she applied for Medicaid. The state determined the purchase of the life insurance policy was a transfer for less than market value and imposed a penalty period. Continue reading

Testimonial 10

November 23, 2016

“Greetings Kandace…I was speaking with a client yesterday who is the third or fourth client to mention your name; praising the work you have done with their parents or significant other. Being in this business for 11 years now, it is not very common to hear constant praise for someone tied to the financial industry. Just wanted to thank you for the work that you do! Well done!”