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Medicaid Rules Prohibited

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May 14, 2011

- Blog

On May 10 at it scheduled monthly meeting, JCAR (Joint Committee on Administrative Rules) which is a bipartisan commission of Illinois legislators whose job it is to oversee administrative rulemaking in the State of Illinois, voted unanimously to prohibit the filing of amendments by the state rulemaking agency to the Medical Assistance Programs (Medicaid rules dealing with long-term care). JCAR said, the rule that was put forth by the state agency contained provisions that were not necessary to implement the federal Deficit Reduction Act of 2005 (DRA). The provisions that JCAR said were objectionable were the: application of asset transfer restriction rules to transfers that were made prior to the new rule coming into effect, the new rules left unclear standards for Medicaid caseworkers to use in determining whether certain transfers are allowable or will be penalized, and the rules contained a definition of undue hardship that is more restrictive than what the DRA requires. JCAR said that these provisions will have an adverse economic affect of the public and will cause residents of nursing homes ( both aged and disabled) to be penalized with loss of eligibility for Medicaid for long-term care assistance. JCAR also said that these penalties would be based on actions taken by Illinois residents that, when taken, did not violate the rules at the time the actions were taken. JCAR found that these provisions constituted a threat to the public interest and welfare. As I understand it, the ball is now back in the court of the state agency to provide revised rules to JCAR. These rules must be submitted within 180 days of the Prohibition. As always we will strive to keep our readers apprised of the status of this rulemaking process. Thank you for your readership. If we can be assistance with your senior estate planning and long-term care planning in the areas of proactive planning, wait and see planning, or crisis planning, please do not hesitate to contact our offices for a consultation. Our passion, as attorneys, is representing senior taxpayers in avoiding financial ruin, late in life, due to the devastating cost of long-term care.
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Further DRA Update

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April 15, 2011

- Blog

On April 12, 2011 the state of Illinois conducted a JCAR meeting as anticipated and discussed in our last blog post. At the meeting JCAR opted to delay hearing on the proposed DRA rules regarding Medicaid until the next JCAR meeting scheduled for May 10, 2011. A further update to this blog will be made after the May meeting/hearing. Anthony B. Ferraro Attorney – CPA
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Update on Medicaid (DRA) rule changes in Illinois

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April 9, 2011

- Blog, Elder Law Articles

This update is regarding the development of the changes in the Illinois Medicaid rules so that the state of Illinois may come into compliance with the federal Deficit Reduction Act of 2005 (DRA). The latest word is that the next Joint Committee on Administrative Rules (JCAR) meeting is scheduled for Tuesday, April 12 at 8:00 AM in Springfield. At that meeting it is possible that members of JCAR may accept, object in whole or in part or prohibit the adoption of the new rulemaking. There are other variations on these choices as well. It is unknown what action JCAR will take at this meeting so we will have to wait and see what happens on Tuesday. Once the meeting is over we will provide you with an update. These revisions to the Medicaid rules as it applies to long-term care and estate and healthcare planning for our seniors and our disabled population will have sweeping impact. The rules will be very complex, but we will strive to make them understandable for our clients and readers. The elder law attorneys in our Rosemont-Ohare Area office, are advising our clients in Chicago and the surrounding metropolitan areas as to the best way to deal with the forthcoming massive rule changes. We have the peace of mind of our clients in our mind at all times. We know that the greatest threat to the financial security of most middle class Americans is the devastating financial cost of long term care. Our clients know that we as elder law attorneys will be prepared to provide them with safe advice, guidance and the implementation of many estate, disability and long term care planning tools and methods. The attorneys and paralegals of The Law Offices of Anthony B. Ferraro, LLC, are educated, trained and dedicated about the use of the best legal and Illinois Medicaid regulation-compliant options and legal strategies available for the safe and reliable Medicaid eligibility of our medically needy senior, aging and ill clients. Aging seniors rely on the fact that we continually refine and improve our legal relief measures and solutions. We have long term vision for the legal protection of their hard earned assets and income and that we improve and sometimes even solve the “cost of care dilemmas” that our needy clients face in their senior years, and also those of their ill spouses or disabled loved ones who need to become eligible for healthcare assistance and long term care assistance. Anthony B. Ferraro Attorney-CPA
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Update on Elder Law issues

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March 19, 2011

- Blog, Elder Law Articles

The first issue that I would like to discuss is is the fact that on July 1 of 2011 Illinois will have a new Illinois statutory short form power of attorney for property and also a new Illinois statutory short form power of attorney for healthcare. These changes brought about by changes to the Illinois power of attorney act in 2010 are welcome and will help provide clarity for our clients. Second , as we have discussed in prior announcements, Illinois is about to undergo changes to its Medicaid laws related to the payment of long-term care. These changes are being made by the state of Illinois in order to come into compliance with the federal Deficit Reduction Act of 2005 (DRA). Thus far the state has provided proposed rules in August of 2010 and has issued a second notice revising the originally proposed rules during February of 2011. State officials have met and conferred with interested groups and the legislative committee authorized to review rules for the state of Illinois (known in Illinois as “JCAR”). However as of this writing there has been no adoption of the final version of the rules. Once those final rules are known we will make entries describing the impact of these rules on our clients, colleagues and readership. Stay tuned.
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Illinois Medicaid Rules for Nursing Home Coverage

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December 9, 2010

- Blog, Elder Law Articles

New Medicaid rules are coming soon to a state near you. By February 9, 2011, the State of Illinois is expected to adopt the Deficit Reduction Act of 2005, as amended by federal changes in 2006. Implementation is anticipated by next year. The time frame, however, is not set in stone. Discussions between the Elder Law Bar and state officials are ongoing, and I have had the privilege of participating in them. Representatives of the state have graciously solicited feedback from elder care experts like myself, in order to analyze various aspects of the new rules and their consequences, but we have yet to determine exactly how they will be implemented. Issues we are still discussing pertain to retroactivity, hardship waivers, and partial returns. When more concrete information becomes available about how the new rules will be implemented, we will certainly update you. In the meantime, here are a few thoughts about elder law and long-term care planning: First, if you are physically and financially able, we recommend you obtain long-term care insurance. Long-term care insurance is the first line of defense for protecting assets, especially for the middle class in our country. Second, please be aware that traditional estate planning is not the same as long-term care planning. Estate planning deals with what happens upon your death, or in certain cases, disability. By contrast, long-term care planning prepares you to manage the costs of chronic illness and the sophisticated care for many years it often requires. The tools and objectives of long-term care planning are different than in traditional estate planning. Don’t confuse the two! Finally, do not underestimate the value of proactive planning. While you still have plenty of time, take advantage of it! When we are faced with an urgent trigger, like sudden illness, we are compelled to engage in crisis planning. While crisis planning can potentially save substantial amounts of your assets, proactive planning is ideal. Proactive long-term care planning can turn your desirable objectives for your hard-earned assets into a reality. Don’t wait to get started! During our fast-paced lives, the holidays provide a unique opportunity to share time with family. Investing some of that family time in a conversation about long-term care planning will reap the best rewards you could ask for: preservation of your wealth and your peace of mind. Happy Holidays!
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Seniors Take Note! The Way The State Of Illinois Addresses The Overwhelming Financial Costs Of Long Term Care Is About To Change

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October 12, 2010

- Blog

Welcome to our new Blog! This will be the first of many entries. The State of Illinois has now issued Proposed Regulations regarding the Deficit Reduction Act of 2005 (DRA) with substantial impact on the funding of Long-Term Care for our Senior and Disabled Citizens. As the heading above indicates, on August 13, 2010 Illinois issued proposed regulations to implement the DRA transfer rules for any transfer that takes place after February 8, 2006, the effective date of the DRA. Many other changes were proposed as well. I had the privilege of providing verbal and written testimony to representatives of the Illinois Department of Healthcare and Family Services (DHFS) in Chicago on September 13, 2010 regarding the impact of the new rules on Illinois’ citizens. The State of Illinois is still in the public comment period regarding the new proposed rules. The proposed rules may change once the public comments are examined by DHFS officials. This blog will keep readers posted on the progress of the new rules as they work their way through the rulemaking system. The changes have far reaching impact on our senior and disabled population.
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