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Archive for the ‘Medicaid’ Category

Substitute Senate Bill 360, AN ACT CONCERNING MEDICAID LONG-TERM CARE COVERAGE FOR MARRIED COUPLES, states:

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective from passage) Notwithstanding any provision of subsection (g) of section 17b-261 of the general statutes, the Commissioner of Social Services shall amend the Medicaid state plan to require that the spouse of an institutionalized person who is applying for Medicaid receives the maximum community spouse protected amount, as determined pursuant to 42 USC 1396r-5. The commissioner shall adopt regulations, in accordance with chapter 54 of the general statutes, to implement the provisions of this section.

Sec. 2. (NEW) (Effective from passage) The Commissioner of Social Services shall amend the Medicaid state plan to require that funds derived from equity in home property through a reverse annuity mortgage loan or other home equity conversion loan are not treated as income or assets for the purpose of qualifying for benefits under the Medicaid program, provided (1) such funds are held in an account that does not contain any other funds, and (2) the Medicaid recipient does not transfer such funds to another person for less than fair market value. The commissioner shall adopt regulations, in accordance with chapter 54 of the general statutes, to implement the provisions of this section.

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A community spouse will be able to retain the maximum amount of assets as provided by federal law.   CT ‘s current law only allows a community spouse to keep one-half of the assets or $109,560 in 2010, whichever is less. Under the new law, a community spouse will be able to keep all the assets up to $109,560 for 2010.

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Present law only allows Community Spouse (C.S.) to keep 1/2 of total assets but not exceeding $109,560.00.  Bill would allow all spouses to keep up to $109,560.00.  Extra money would let C.S. pay for care and remain at home delaying or avoiding nursing home placement and a need for Medicaid.

Contact legislator and ask them to vote in support of SB 370.

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The CHCPE is a Medicaid program available to individuals 65 years of age and older who without the benefit of the waiver service would be institutionalized in a hospital or a nursing facility.  The individual must qualify for Medicaid.  The services they are eligible to receive are the mandatory medical service coverage as well as non-medical services like homemaker, case management, respite care and adult day care.  Personal services have been recently added to the available services.

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In Connecticut the Medicaid programs are often referred to as Title 19 or “state”.  The Medicaid programs for elders are those that specifically provide services to the elderly (persons over the age of 65) who are in need of long-term care services.   Connecticut provides Medicaid to the “medically needy” coverage group those in a Nursing Facility and provides home health and community based services under the Connecticut Home Care Programs for Elders (CHCPE).   To be eligible for any of these programs a person must be income and asset eligible as well as meet the functional eligibility requirements (age and type and frequency of assistance needed).

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Attorney Julia M. Brown is speaking about Title 19 (Medicaid) and Estate Planning at the Alzheimer’s Support Group at The Village at East Farms on September 2, 2009 at 6:30 PM. Randi Bellemare is the contact 203 757-7660. Attorney Brown is a Certfied Elder Law Attorney, CELA and estate and disability planning attorney.

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This program provides cash assistance to aged, blind and disabled individuals eligible for Supplemental Security Income or who would be but for excess income.  Connecticut Public Act 09-73 effective July 1, 2009 allows transfers of the individual’s income to special needs trusts by individuals residing in residential care homes or New Horizions Inc.  There must be provisions for pay back upon the death of the trust life-time beneficiary.  The type of trust someone may establish is the same that federl law allows for the purposes of Medicaid eligibility.

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