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| Medicaid Applications Post-DRA: What to do after February 2009?
Jennifer B. Cona, Esq.
We all know that the Deficit Reduction Act (DRA) changed the Medicaid look-back period from three years to five years. So why hasn't your facility felt the impact? The reason is that the increased look-back is being phased in – starting now, February 2009.
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2009 Resource & Income Allowances and Regional Rates
The New York State Department of Health has issued the 2009 figures for resource and income allowances as well as updated regional rates for Medicaid eligibility purposes. The Social Security Administration has released its updated Medicare deductibles and co-insurance amounts.
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NAMI is a Four Letter Word!
Every facility's biggest problem is the collection of Net Available Monthly Income (NAMI). How many times have you heard: "I didn't know I had to turn over mom's income every month" or some variation on this theme. Have you considered sending a notification letter to all residents and designated representatives when Medicaid is or will be the third-party payor?
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| Collections Corner
GDGC is proud to report another very successful year in recouping payments on behalf of our health care facility clients. For the calendar year ending December 31, 2008, we collected over $4.1 million on behalf of our facilities. Over $2.1 million was collected in private pay cases, approximately $1.3 million was collected in judgments, and over $730,000 was collected in retroactive Medicaid reimbursement. Again for 2008, our success rate is over 90% in securing payment on behalf of our facilities. As our motto says: "Your bottom line is our business."
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The material in this newsletter is for information and education purposes only. The articles contained herein are not legal advice and do not necessarily reflect the opinion of this law firm.
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Winter 2009 |
Litigation Tips
In this climate of ever more stringent Medicaid eligibility rules, it is critical for facilities to understand the asset protection/Medicaid planning techniques employed by your residents and prospective residents. A common technique post-DRA is the note and loan plan whereby the resident gifts a portion of their assets to an individual and loans the other portion. A promissory note must be executed in connection with the loan, which note must comply with federal and state laws. For example, repayments must be in equal amounts, must be actuarially sound, the note must be non-cancelable and include a fair and reasonable interest rate.
If you are uncertain whether a resident or potential resident's asset protection plan will pass muster under the DRA, reach out to your elder law attorneys and have them review the documents and calculations. A little up-front investment can save you thousands in the long run.
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445 Broad Hollow Road, Suite 19
Melville, NY 11747
Tel: 631.390.5000
Fax: 631.390.5001
www.genserlaw.com
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Services:
• Healthcare Facility Representation
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