Medicaid and Other Coverage Under the ACA for the Aged and Disabled: State Expansion, Waivers

Costs associated with long-term healthcare continue to increase. Many elderly clients rely on Medicaid assistance to meet the high cost of private home care, nursing home, and assisted living or other personal care arrangements. Elder law attorneys must identify key issues for eligibility for Medicaid and implement planning techniques for elderly clients.

Medicaid requires a showing of financial need. Each state administers Medicaid, and criteria vary considerably among states. Counsel can help clients navigate the complicated application process and manage the sale of family assets to qualify. Clients may need legal counsel to obtain home care services or facilitate non-long-term care Medicaid and coverage.

As of second quarter 2020, about 37 states adopted the ACA Medicaid expansion. Others seek Section 1115 waiver authority to implement an expansion or to make changes to an existing expansion. Counsel advising elderly clients must have a thorough understanding of the eligibility requirements to achieve clients' goals, avoid penalties, and protect assets where possible.

Listen as our panel of experienced elder law attorneys examines the process of seeking Medicaid eligibility, recent state expansion for Medicaid, and critical considerations for non-long-term coverage for the disabled. The panel will offer best practices for achieving eligibility by showing the medical necessity and financial eligibility.

1. Medicaid vs. Medicare
2. Non-long-term Medicaid and coverage
3. Recent state law expansion and some challenges
4. Best practices for elder law attorneys

The panel will review these key issues and more:

• What are the requirements for Medicaid eligibility?
• What are some of the key state rule challenges for seeking Medicaid under the ACA?
• What are the implications of states exercising Section 1115 waivers and implementing additional Medicaid requirements?
• What new challenges do practitioners face when seeking institutional or community-based care?
• What steps should counsel take to try to protect a client's assets while still meeting Medicaid eligibility?