Many people believe that a person must spend all their assets or give them all away three years (soon to be five years) before applying for Medicaid benefits.

 

This is NOT true! Most people can benefit from Medicaid Planning to help preserve their assets and still qualify for Medicaid benefits.

 

Medicaid Planning is a legal process of structuring assets in a way that is permissible with the State Medicaid rules. BEFORE you spend all your assets or give away all your resources, contact SI Elder Law for a consultation to learn the possibilities of how you may preserve your hard-earned assets and still qualify for Medicaid benefits.

 

There are several different techniques used to qualify a person for Medicaid. SI Elder Law stays up-to-date on the latest techniques being used around the country in qualifying an elder for Medicaid.

 

Medicaid Planning

 

SI Elder Law prepares a family for Medicaid. There are several rules laid out by the federal and state governments that allow Medicaid Planning. The Illinois rules are listed at http://www.dhs.state.il.us/page.aspx?item=4107 . However, there is so much more to Medicaid planning than the rules.

First of all, did you know that Medicaid looks at two columns; Assets and Income? Each column has its own limits that a person must meet before they receive Medicaid Benefits. Therefore, one must know that you must qualify by using several different parts of the statute listed above.

 

Secondly, did you know that the very rich could qualify for benefits but may be given a $300 month penalty period before benefits will begin? SI Elder Law knows how to avoid some, if not all, of the penalty period.

 

Although the statute lays out the rules to qualify, a person needs an experienced Elder Law attorney to know how to navigate through the Medicaid maze. SI Elder Law has the experience to lead you down the right path.

Medicaid Application

SI Elder Law will prepare your Medicaid Application for you so that the process can be expedited. When applying for Medicaid, a person must apply for benefits with the Department of Human and Family Services (DHFS) in the County in which they intend to receive benefits. For example, if a person’s residence is in Franklin County, but they are living in a nursing home in Williamson County, the Medicaid application should be filed in the Williamson County DHFS office for adjudication. SI Elder Law will file the application for you and attend any hearings for you.

Medicaid Appeals

SI Elder Law has experience in the Medicaid Appeals process. Appeals at DHFS are sometimes lengthy, like any appeal, but SI Elder Law has a very high success rate. SI Elder Law knows how to navigate through the maze of complex procedures to get you the best result.

Medicaid Liens

Medicaid allows you to keep your house even if you are in a nursing home. However, if you stayed in a nursing home longer than 90 days, and received Medicaid benefits, Medicaid can lien your home for services provided. First of all, you need to plan early so the lien can be avoided. If not, SI Elder Law knows how to negotiate with Medicaid to get our clients the best possible result. Secondly, you will not have to pay off the lien during your lifetime unless you want to sell your home. When your home is sold, either before or after your death, Medicaid will get their portion of the proceeds of your home. This means that if you have a $100,000 home and Medicaid provided you with $20,000 worth of services during your lifetime, instead of you or your heirs getting $100,000 for the sale of your home, you will receive $80,000 and the state of Illinois will receive $20,000. If you already have a Medicaid Lien, SI Elder Law will work with you and the state to negotiate the lien.