The Supreme Court decision on the Affordable Care Act (ObamaCare) has tremendous implications for our practice, primarily negative, but is a huge boon to planning for persons with disabilities who have been shut out of the private insurance market in the past. Our law firm’s loss is our clients’ gains, and we couldn’t be happier
Health Insurance for Persons with Disabilities
The PCIP program is now cheaper – premiums have been reduced. PCIP is "Pre-existing Condition Insurance Program," a part of the Affordable Care Act (ObamaCare) that is currently available to persons who have been denied health insurance by private health insurance companies because of even minor health conditions. It also insures individuals with significant medical issues…
South Dakota Supreme Court: Federal law prohibits over age 65 pooled trust membership
The South Dakota Supreme Court decision attached actually pre-dates the U.S. Circuit Court of Appeals decision yesterday by a couple of weeks, but comes to the same conclusion, and further adds language that no state may avoid application of the federal rule:
“[¶ 44.] In a CMS memorandum from Gale P. Arden, Director of Disabled …
Prediction: Florida Medicaid Liens will be reduced
When a person on SSI and Medicaid concludes a lawsuit for personal injuries, the Florida Medicaid agency swoops in and takes a big bite of the settlement or jury verdict to reimburse itself for the doctor and hospital bills caused by the person or corporation that hurt the disabled SSI/Medicaid recipient. This action is based on the Florida Medicaid Third Party Liability Act, Florida Statutes, Section 409.910.
A few years ago, the U. S. Supreme Court substantially and appropriately reduced what Medicaid can get. Click here for the Alhborn case. Florida Medicaid has resisted the Supreme Court’s decision, but its position is now substantially weakened by a new U. S. Circuit Court of Appeals decision.
Based on a March 22nd U. S. Circuit Court of Appeals decision, more net settlement money is going to go to diasbled plaintiffs. The court’s decision completely eviscerates the Florida Medicaid agency’s defense to avoiding the reduction in the Medicaid lien based on the U.S. Supreme Court Ahlborn decision in 2006. This is going to allow substantially MORE money to go into plaintiff’s Special Needs Trusts funded from Personal Injury/Medical Malpractice settlements or jury verdicts.…
Continue Reading Prediction: Florida Medicaid Liens will be reduced
New POMS are potentially in the pipeline regarding Pooled Special Needs Trusts’ Use of Retained Funds after Death of SSI Beneficiary
New POMS may change the way retained funds may be used by Pooled Trust Administrators…
Continue Reading New POMS are potentially in the pipeline regarding Pooled Special Needs Trusts’ Use of Retained Funds after Death of SSI Beneficiary
New Pre-Existing Condition Insurance Plan set to begin August 1, 2010 in Florida
There may be an answer for significantly disabled people who have been, up until now, unable to purchase private health insurance. Due to recent health care legislation passed by Congress, as of August 1, 2010, the new high-risk pool of individuals who have pre-existing conditions can purchase health insurance.
In 2014, the main program kicks …
Disability Savings Accounts – H.R. 1205
Congratulations and a big thank you to our Florida Congressmen, Ander Crenshaw and Kendrick Meek, who have introduced legislation to allow families to plan for their loved ones with some significant tax saings. Information on the bill follows. To see the bill in its entirety, click on H.R. 1205.
Disability Savings Accounts
The bipartisan Achieving …
New Gainesville Special Needs Trust, SSI and Social Security Disability Office
We are pleased to announce that Lillesand and Wolasky, P.L., has opened a new office in Gainesville, Florida to provide legal services to North Florida. The practice is limited to Special Needs Trust, SSI disability and Social Security Disability Insurance Benefit Claims, and related Medicaid and Medicare issues.
Contact us at (352) 376-6666.
FSGA presentation on Social Security, SNT, and Medicare Changes
The organizers of the Florida State Guardianship Annual Convention asked me to prepare some comments on Social Security, Medicare and Medicaid – It Just Keeps Changing. The ten page paper highlights changes in how attorneys and guardians of disabled individuals will have to change the way they interact with SSA, video hearings, “paperless” medical…
New POMS Rule on Special Needs Trusts – Atlanta
Social Security Region 4
Good news! One of the tasks of our Florida Bar Elder Law Section’s Special Needs Committee which I co-chaired this year, was to petition the Social Security Administration to change the Atlanta Regional POMS on Trusts. Specifically, we wanted recognition that the Doctrine of Worthier Title no longer applied in…