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Shalloway & Shalloway, P.A. - Elder and Special Needs Attorneys. Dedicated to preserving dignity and financial security
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Category Archives: Medicare Set Aside Trusts

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Medicaid Planning And Trust Modification

By Shalloway & Shalloway |

Medicaid Planning may require a trust modification to create or preserve the conditions of financial eligibility. For example, a person who is a trust beneficiary and Medicaid recipient might need to be divested of their interest to avoid a gift exceeding their asset cap. While any proposed trust modification must be weighed carefully and… Read More »

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Changes to Laws on Medicare Set-Asides

By Shalloway & Shalloway |

In early 2017, the Centers for Medicare & Medicaid Services (CMS) announced a change in its policy regarding Medicare Set-Aside arrangements for recipients of liability or no-fault insurance benefits. Beginning on October 1, 2017, recipients of settlements from liability or no-fault auto insurers who are insured by Medicare could be forced to pay medical… Read More »

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It’s important for Elder Law Attorneys to understand some of the basics pertaining to the medical conditions suffered by their clients.

By Shalloway & Shalloway |

Heart Disease: Coronary heart disease is the foremost cause of death in the United States. Heart disease often leads to heart attacks. A heart attack is a life or death emergency. People having heart attacks can benefit from medication and treatments that have been developed in recent decades. Usually, the selected treatment must be… Read More »

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Depression and a list of other ailments

Medical Conditions Afflicting The Elderly – Continued

By Shalloway & Shalloway |

It is important for Elder Law Attorneys to understand some of the basics pertaining to the medical conditions suffered by their clients. Depression: Depression is a serious medical illness affecting 15 million American adults, or approximately five to eight percent of the adult population. Major depression is persistent and can significantly interfere with an… Read More »

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Chronic diseases form on top of clipboard surrounded by medicine and syringe

Chronic Diseases That Hit The Elderly (PART II)

By Shalloway & Shalloway |

It is important for Elder Law Attorneys to understand the medical conditions that afflict their clients. Chronic Obstructive Pulmonary Disease (C.O.P.D.) C.O.P.D. is a disease that damages the lungs, which causes distress when the individual tries to breathe. The airways that carry air in and out are at least partially obstructed. The most common… Read More »

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Nine of Ten Retirees say “No, I won’t Go.”

By Shalloway & Shalloway |

Nine out of ten American retirees say that they want to stay at home, to be cared for in their familiar surroundings. An AARP survey indicates that there is a trend toward more Americans staying at home. Under the program known as the “Balancing Incentive Payment Program” which is one of several of the… Read More »

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CMS Makes Major Announcement Ref Home Health Patients

By Shalloway & Shalloway |

On February 2nd, 2016, the Centers for Medicare and Medicaid Services (CMS) announced that a final ruling has been issued to define that Medicaid recipients do not need to be homebound to receive home health services. Also, the latest ruling, which overturns Medicaid home health regulations (42 C.F.R. / 440.70 © (1-2), defines that… Read More »

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Medicare has Provided Adequate Medical Care for over Fifty Years But Could be Improved

By Shalloway & Shalloway |

Medicare has provided enhanced medical care to the retirement age population for more than fifty years. Nonetheless, there are needs for improvement of the program. The one outstanding aspect of Medicare that is in greatest need of improvement is home care. Medi-care has provided home care on a limited basis. In 1998, the home… Read More »

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Medicare as Opposed to Medicaid Benefits

By Shalloway & Shalloway |

Medicare, the Federal program for which most retirement-age citizens enroll is intended for short-term care. “Short term” is a maximum of 100 days. Benefits taper-off substantially after the first 30 days. Medicare Part B, for doctors, pays only eighty percent of those costs. Medicare enrollees must pay the remaining twenty percent. The costs of… Read More »

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The Problem of MD’s Dropping Medicare and Some Suggested Solutions

By Shalloway & Shalloway |

Some medical doctors, especially internists such as gastroenterologists, gynecologist, psychiatrists, as well as some other medical specialties have stopped accepting new patients on Medicare. One of the reasons for is that they have dropped out of the insurance system. Other reasons include that they have stopped accepting new patients on Medicaid. The reasons that… Read More »

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