David has filed hundreds of Medicaid benefits applications going back 25 years, in counties across North Carolina. Our firm has become quite adept at assisting families – and more recently, helping nursing facilities – with the filing of benefits applications for Long-Term Care Medicaid and Special Assistance (Medicaid for Assisted Living).
This includes securing necessary medical evaluations and forms; gathering financial documentation; compiling everything in a clear, readable format; filing the actual application with the proper County DSS; communicating with caseworkers and clients; and providing legal interpretations. Our firm welcomes the opportunity to guide you and your family through this process.
Medicaid for Long-Term Care is a federal and state program that provides assistance with the cost of care in Assisted Living, Memory Care, or Skilled Nursing Care. The eligibility rules look at the applicant’s medical needs, income, and assets, and are VERY complicated. [In fact, in the 1980’s, the United States Supreme Court wrote that Medicaid law is among the most complicated areas of law in America.] It takes a skilled practitioner to know the law and rules, pay attention to updates and rule changes, and weave through the complications to craft a detailed plan that’s tailored to the client’s individual needs. There are no “quick fixes,” but there are some surprising ways that one can become eligible for coverage.
Long-term planning is always preferable, and we’ve done it for a long time. But sometimes “crisis planning” is the only way to go – and we’ve done a lot of that, too. As an individual or family get closer to the time of actually entering a nursing home, their choices may narrow – but there still may be some options.
A common aspect of Medicaid Planning involves protecting at least some of the assets an individual or couple have worked so hard for. Contrary to popular belief, Medicaid rules do not necessarily require total impoverishment – a married couple is allowed to retain certain assets, depending on several issues. With enough advance planning, it is possible to protect at least some of your assets and still qualify for benefits. But it takes a seasoned Elder Law attorney to sort through all the rules.
David B. McLean, PLLC
