Archives for Article

Deadline for Compliance with the Home and Community Based Settings Criteria Extended to March 17, 2022

Deadline for Compliance with the Home and Community Based Settings Criteria Extended to March 17, 2022 The Centers for Medicare & Medicaid Services issued a bulletin on May 9, 2017, extending the compliance requirements for the Medicaid Assisted Living Waiver Program. This is very good news for Hoosiers receiving Medicaid assistance in assisted living facilities in Indiana. The Medicaid Assisted Living Waiver Program will continue to be available for Hoosiers for the next several years. Please click here to review this bulletin. Keith P. Huffman June 2017
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Categories: Article.

Liens to the left, Liens to the right, You’re the only Bait in Town

Liens to the left, Liens to the right, You’re the only Bait in Town Medicaid Liens In Indiana Apologies to Jimmy Buffet, but not everyone retires to Margaritaville. Indiana has announced it will start placing liens against real property owned by Indiana Medicaid recipients to help protect the Family and Social Service Agencies claims against the estate of deceased Medicaid recipients. Example: Mom goes to the Nursing home. She has a 20-acre field that produces income. She is over age 55. The farm does not count as an asset when she qualified for Medicaid. The State places a lien on
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Categories: Article.

Assisted Living Waiver Changes

ASSISTED LIVING WAIVER CHANGES Major changes are underway in the Indiana Medicaid program that helps disabled Hoosiers pay for the cost of assisted living care.  There are about 2,500 Hoosiers who pay for their assisted living costs with assistance from Medicaid.  These folks need nursing home level of care and have countable resources of $2,000 or less.  They pay about $735 each month for room and board, and Medicaid pays the facility one of three rates, depending upon how much care the resident receives. Most assisted living providers in Indiana are located in a senior living facility that has independent
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Categories: Article.

Can Mom Get A Free Cell Phone?

Can Mom Get A Free Cell Phone? The answer is yes for Indiana Medicaid recipients and others. The Assurance Wireless Lifeline Cell Phone Service is available for free to participants in the following programs: Medicaid Food Stamps/SNAP Temporary Assistance to Needy Families Federal Public Housing Assistance or Section 8 Low Income individuals National School Lunch Program Free Lunch Eligible individuals get a free cell phone, 350 minutes a month of free calls, unlimited free texts a month, and 500MB free data a month. You can call the toll-free number (888)-898-4888 or visit www.assurancewireless.com/Public/Welcome.aspx to enroll. You usually get your free phone within
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Categories: Article.

The New and Improved POST form in Indiana

The New and Improved POST form in Indiana On November 17, 2016, the Indiana Department of Health changed the Indiana Physician Orders for Scope of Treatment (“POST Form”).  We believe these changes will enhance the use of the POST Form in Indiana. The POST Form is intended for folks facing end of life care.  These changes should make it easier for these folks to express what type of care they want or do not want. The revised form now allows a doctor to add additional treatment orders on the bottom of page 1.  The doctor and patient (or authorized representative)
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Categories: Article.

Eligible Hoosiers Can Now Open an ABLE Account – in Ohio

Eligible Hoosiers Can Now Open an ABLE Account – in Ohio Eligible Hoosiers can now open an ABLE (Achieving a Better Life Experience account) courtesy of the State of Ohio.  An “eligible” Hoosier is a person who develops a disability before the age of twenty-six (26).  The person must have had this disability for at least one year or must expect their disability to last at least a year. The Ohio accounts are called STABLE accounts.  You can enroll on-line at www.STABLEaccount.com.  You can view questions and answers about STABLE accounts at www.STABLEaccount.com/faq. STABLE accounts allow disabled Hoosiers to remain
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Categories: Article and Disability.

Non-Qualified Annuities

NON-QUALIFIED ANNUITIES Properly Naming the State of Indiana as a Beneficiary The State needs to be named as a beneficiary by the time of the Medicaid application in some situations.  You must name the State as primary beneficiary (unless a minor or disabled child exists) before the Medicaid application if we are taking any of the following steps with the non-qualified annuity: Additions of principal; Elective withdrawals; Requests to change the distribution of the annuity; Elections to annuitize the contract; A change in ownership; or Any other non-routine action. The State must be listed second if there is a minor
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Categories: Article, Elder Law, and Medicaid Planning.

Secrets of an Elder Law Attorney

SECRETS OF AN ELDER LAW ATTORNEY What a boring life we lead Fort Wayne Estate Planning Council Presentation May 19, 2016  AGED AND DISABLED WAIVER Recipients of the Aged and Disabled Waiver live in a community setting.  They are initially approved for level of care services through a notice of action from the Division of Aging.  The notice of action contains a list of approved service hours which are generally for non-medical services, such as housekeeping, public feeding assistance, respite care, etc. The waiver recipient often needs additional services.  The care provider can submit a request for prior authorization to
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Categories: Article and Elder Law.

Do I Need A Will?

Do I Need A Will? We get asked this question all the time.  The surprising answer from an attorney that prepares wills every day is “maybe you do not need a will.”  We actually now have clients sign the following form when they sign their wills. ACKNOWLEDGEMENTS ABOUT THE LIMITATIONS OF MY LAST WILL AND TESTAMENT I understand that the provisions of the will I am signing at this time will not alter, affect, or otherwise change the disposition of any property that is disposed of at my death under: Any POD (payable on death) beneficiary agreement made by me
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Categories: Article and Elder Law.

Keith P. Huffman Receives National Community Service Award For Advocacy In Elder Law

Keith P. Huffman Receives National Community Service Award For Advocacy In Elder Law The National Academy of Elder Law Attorneys (NAELA) is proud to announce that Keith P. Huffman of Bluffton, Indiana, is the winner of the 2016 Powley Elder Law Award.  This prestigious award is presented annually to a NAELA member who is recognized in his or her community as a leader in promoting a greater understanding of the rights and needs of the elderly and people with special needs, and of how elder law attorneys advocate for those rights. Huffman has lead efforts in Indiana to promote advance
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Categories: Article and Elder Law.