Elder Law and Estate Planning Attorney
At Joseph L. Motta Co. we specialize in helping our clients to understand how to qualify for Medicaid and when to implement certain strategies to reduce assets in order to qualify – called Medicaid planning. The government uses many rules that prevent people from using Medicaid if they can afford to pay for their care on their own but long-term care can eat up a fortune – before Medicaid kicks in. We help you to create strategies that will help transfer some of your wealth to your future generations, strategically allocating and gifting assets within the government’s rules.
The Centers for Medicare & Medicaid Services (CMS) has released the 2023 federal guidelines for how much money the spouses of institutionalized Medicaid recipients may keep, as well as related Medicaid figures. What Are Spousal Impoverishment Rules? Spousal impoverishment is a concern for Read More …
In helping clients prepare for their future, estate planning and elder law attorneys use many acronyms. Understanding some of the common medical and legal terms in this field can give you added confidence in your approach to planning for your Read More …
Hospice care is a type of health care that patients with terminally ill conditions rely on at the end of their lives. This type of care focuses on pain management and emotional, spiritual, and familial support for patients nearing the Read More …
Although Medicaid and Medicare are both public health insurance programs, they have essential differences. Medicare is a federal program for older adults, people with disabilities, and individuals with end-stage renal failure. Medicaid is federal-state assistance for those with limited incomes. Read More …
The number of people enrolling in Medicare Advantage programs offered through Medicare-approved private companies has increased over time. Based on this trend, more than half of all Medicare recipients may be enrolled in Medicare Advantage programs by 2025. As alternatives to traditional Read More …
A new rule going into effect January 1, 2023, is setting seniors up with improved access to health care coverage. Your Medicare Initial Enrollment Period (IEP) begins as you approach your 65th birthday. For the three months leading up to Read More …
Medicaid is a state- and federally funded health program for lower-income persons of all ages. For applicants who fall into certain categories, Medicaid imposes specific rules on how much income and resources they can have and still qualify for benefits. Read More …
Recent research by the Kaiser Family Foundation examined the differences between traditional Medicare Vs. Medicare Advantage. While people in either program were similarly satisfied with their care and overall care coordination, some distinctions became apparent. Traditional Medicare’s Strengths Traditional Medicare Read More …
Seniors who rely on Medicaid and live in nursing homes receive a personal needs allowance — a monthly stipend the Medicaid recipient can use to pay for needs that Medicaid does not cover. Medicaid restricts the amount of the allowance Read More …
Nursing home evictions, or involuntary discharges or transfers, disrupt the lives of residents, leading to homelessness, separation from familial support systems, and loss of care. As federal law covers all federally funded nursing home residents, nursing home evictions are legal only in Read More …
In order to qualify for Medicaid, the applicant’s income must fall below a certain level. Most states allow individuals to spend down any income above this level on their care until they reach the state’s income standard. But in some Read More …
Federal law requires the state to attempt to recover the long-term care benefits from a Medicaid recipient’s estate after the recipient’s death. If steps aren’t taken to protect the Medicaid recipient’s house, it may need to be sold to settle the claim. For Read More …
Medigap premiums for plans from insurance companies offering the same benefits vary widely, so it pays to be a smart shopper. Federal law requires that each insurance company offers the same benefits for each of the Medigap plans lettered A Read More …
If you have a child with a disability, providing for them into the future will likely stand among your top priorities. However, if you also wish to apply for Medicaid to cover your own long-term care expenses, first consider establishing Read More …
While Medicaid helps pay for nursing home care, being admitted to a nursing home as a Medicaid recipient is not always easy. There are several ways to navigate the process, depending on your situation. With the median cost of a nursing Read More …
How frequently you should review your estate plan depends on how old you are and whether there has been a significant change in your circumstances. If you are over age 60 and you haven’t updated your estate plan in many Read More …
Medicaid Snapshot Date When a married couple applies for Medicaid, the Medicaid agency must analyze the couple’s income and assets as of a particular date to determine eligibility. The date that the agency chooses for this analysis is called the Read More …
The Biden administration has announced far-reaching nursing home reforms, targeting staffing and accountability at facilities with deficient care. Advocates are calling the proposals, which include the first-ever federal minimum staffing levels, the most significant reforms in decades. Nursing homes have Read More …
(updated with 2023 numbers to reflect Medicaid Guide 2023) Medicaid applicants must prove that they have limited income and assets in order to be eligible for long-term care services. Before beginning the application process, it is helpful to understand what Read More …
Long-term care involves not only a loss of personal autonomy; it also comes at a tremendous financial price. Proper planning can help your family prepare for the financial toll and protect assets for future generations. Long-term care can be very Read More …
