Page 84 - Senior Link Magazine Fall 2022 - Online Magazine

SENIOR RESOURCES

Some Commonly Misunderstood

Elements of Medicaid

MedicaL necessity, traditionaL

iras, and MerP

by Lee Franks

n my legal practice, I meet a skilled nursing facility in Two eligibility requirements
almost every day with folks a Medicaid bed. There is a relate to finances: First, the
Idealing with long term community alternative called current gross income limit is
care for an elderly or disabled Star+Plus, but it has a lengthy $2,523 per month, but too much
loved one, and most of them are waiting period, and I do not income almost never prevents
frustrated and overwhelmed discuss that program here. someone from qualifying.
because they cannot find a Third, the person must have a Without going into any detail,
source of consistent (and correct) Medical Necessity (MN). The a Qualified Income Trust (or
information and guidance need for physical assistance to Miller Trust) usually solves the
about Medicaid. In my opinion, dress, eat, transition, and toilet, problem. But do note that this
their best bet is to consult with for example, do not constitute kind of trust cannot be used
an elder law attorney. Many MN. MN is the need for a to shield other assets from
relatively knowledgeable licensed medical professional the resource limit, which is
sources often have significant to attend to the applicant in an the second financial eligibility
gaps in their own understanding institutional setting. Medicaid issue. An applicant must have
of Medicaid rules, especially as alone determines whether less than $2,000 in countable
it relates to the broader aspects this requirement is met, but resources (or assets) at the
of long-term care planning. In information provided by the end of any given month to be
what follows, I try to address facility, doctors, and so forth, eligible for the next month. Non-
a few of the most important can influence the determination. countable or exempt resources
but least understood parts of Dementia probably is the most include one residence, one
nursing home Medicaid. common reason for MN because motor vehicle, and Traditional
dementia prevents the applicant Individual Retirement
Medicaid has five basic from safely self-medicating, and Accounts or IRAs (not Roth
eligibility requirements; three only licensed medical personnel IRAs). Almost everything else
do not relate to finances: First, can dispense medicines. Other aside from furniture, clothing,
the applicant must be at least 65 bases for MN include blindness, and other personal effects counts
years old or disabled. Second, diabetes, and uncontrolled blood against the $2,000 limit. Beware
the applicant must reside in pressure. of life insurance policies with

84 Lubbock Senior Link