Back-in-the-Black E-Newsletter Winter/Spring 2014

News Alert
Managed Medicaid Transition: Implementation Delayed

   The transition of nursing home residents to Medicaid Managed Care, scheduled to begin as of April 1, 2014, has been delayed. A new implementation date has not been set forth at this time.

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The Intersection of Guardianships and Medicaid: Securing Medicaid Benefits When a Resident Lacks Capacity

Cona Elder Law Secures over $460,000 in Medicaid Reimbursement

   A.P., a resident of a skilled nursing facility since 2009, had diminished capacity and was unable to assist the facility with an application for Medicaid benefits. As the unpaid balance was growing, Cona Elder Law petitioned the Court for the appointment of a Guardian whose main role was to secure all required information and documentation to complete an application for Medicaid benefits. Upon filing the court petition, a Medicaid application was filed concurrently with proof that a Guardianship proceeding had been commenced. Based on the pending Guardianship, conditional approval was granted and Medicaid benefits were authorized.

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Heightened Homeland Security Impacts Medicaid Benefits

   V.S. was a legal resident of the U.S. and held a “green card” (Permanent Residence Card). Prior to V.S.’s admission to a skilled nursing facility, he had traveled outside of the U.S. and when he returned, Homeland Security confiscated his green card due to post-9/11 heightened security. The administrative proceeding to get his green card back was still pending when V.S. applied for Medicaid benefits. Medicaid benefits were therefore denied based on V.S.’s failure to provide verification of his legal status in the U.S.

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