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

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Family Law
- event Date
Tuesday, November 17, 2020
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide elder law attorneys through eligibility standards for long-term care funded through Medicare, Medicaid, and other payors. The panel will discuss Medicare rules for nursing facility and home care services, state rule challenges, and critical considerations for clinical standards for Medicaid programs and other payors.
Faculty

Mr. Arkin represents the elderly, the disabled and their caregivers in all facets of Elder Law including Estate Planning, Asset Protection Planning, Public Benefits, Incapacity Planning, Veteran Benefits, and Special Needs Planning. He gained a passion for helping the elderly after watching his own family struggle to afford the care his grandparents needed. Mr. Arkin witnessed how his family was harmed by misinformation regarding Public Benefits and the difficulties they had in navigating the governmental bureaucracy involved with obtaining Medicaid and Veterans Benefits.

Mr. Krause, J.D., LL.M. is the President and CEO of Krause Financial Services – a Wisconsin-based firm that specializes in crisis Medicaid planning through the use of Medicaid Compliant Annuities and other insurance products. With over 30 years of industry experience, he’s a national expert on using annuities to accelerate eligibility for Medicaid. Mr. Krause earned his B.S. degrees in Sociology and Political Science from the University of Wisconsin-Stevens Point in 1981, his J.D. from Thomas Cooley Law School in 1985, and his LL.M. in Taxation from DePaul College of Law in 1990. He is a member of the Wisconsin State Bar and an emeritus member of the Michigan State Bar. For more information regarding Mr. Krause, his accomplishments, and his company, visit www.medicaidannuity.com.
Description
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.
Outline
- Medicaid vs. Medicare
- Non-long-term Medicaid and coverage
- Recent state law expansion and some challenges
- Best practices for elder law attorneys
Benefits
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?
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