Revised 2015 Medi-Cal Guide
We are pleased to announce that we have completely revised our Consumer's Guide to the Medi-Cal Program. This guide is intended as a resource for anyone with a loved one in a nursing home. A copy of the revised guide can be downloaded here: 2015 Medi-Cal Guide. #MediCal
Firm News
We are pleased to announce that Steven M. Ratner has been elected to serve on the Board of Directors of Seacrest Holdings Corporation, a not for profit, that supports the activities of Seacrest Village Retirement Communities. Mr. Ratner previously served on the Board of Directors of Seacrest Village. #InTheNews
New Case Alert
Ukkestad v. RBS Asset Finance Filed March 16, 2015, Fourth District, Div. One Settlor established a Trust which recited that all of his “right, title and interest” to “all of his real … property” is included in the Trust’s assets. After the Settlor’s death, the Co-Trustee brought a petition under Prob. C. § 850 for an order that two parcels held in the name of the Settlor were part of the Trust. In reversing the trial court’s denial of the petition, the appellate court not
SB 33: Medi-Cal Recovery
Co-sponsored by CANHR and Western Center on Law and Poverty, SB 33: Limits recovery for those 55+ to what is required by federal law – e.g. nursing facility, home and community based services and related hospital and prescription drug services – eliminates optional recovery. Eliminates recovery from the estate of a surviving spouse of a deceased Medi-Cal beneficiary. Requires DHCS to provide claims detail information free of charge to Medi-Cal beneficiaries or their represent
IRS Completes the "Dirty Dozen" Tax Scams for 2015
WASHINGTON — The Internal Revenue Service wrapped up the 2015 "Dirty Dozen" list of tax scams today with a warning to taxpayers about aggressive telephone scams continuing coast-to-coast during the early weeks of this year's filing season. http://www.irs.gov/uac/Newsroom/IRS-Completes-the-Dirty-Dozen-Tax-Scams-for-2015 #ElderLaw
The Assisted Living Waiver (ALW) Program
An Alternative to Medi-Cal Financed Nursing Home Care Until recently, an elderly individual who did not have the means to pay for 24/7 medical care, had to be placed into a skilled nursing facility. Assisted living facilities could not accept Medi-Cal as payment for their monthly bill. Accordingly, children and spouses were forced to place their loved ones into an environment not ideally suited for their family member solely because of their financial situation. The ALWP is
New Case Alert
Siegel v. Fife
Filed February 26, 2015, Second District, Div. Five
Settlor’s trust gives the trustee broad discretion to pay principal for the settlor’s care, maintenance, support, or desires. After the settlor became conserved, the trustee began to sell assets to generate liquidity. Remainder beneficiary objected to the sale of settlor’s residence on the basis that it was to pass to her upon the settlor’s death and that the abatement statutes would preclude the sale.
Supreme Court should not cripple health care
As attorney general of California, I have vigorously defended the constitutionality of the Affordable Care Act. This landmark law has brought much-needed reform and accountability to our health care system. By Kamala Harris — The Sacramento Bee #ElderLaw
If Supreme Court rules against Obamacare, states have few options
With Supreme Court arguments in the latest challenge to the Affordable Care Act just days away, a sense of impending crisis has hit state officials and patient advocates in many parts of the country. Many worry they have no good options. By Noam M. Levey — Los Angeles Times #ElderLaw
VA Proposes Controversial Regulations on Aid & Attendance Eligibility
On January 23, 2015, the Department of Veterans Affairs (VA) published proposed regulations that would make major changes to eligibility rules governing the Aid & Attendance Pension. The proposed regulations seek to establish a new net worth limit that would be used to determine financial eligibility and would create a 36-month look-back period on asset transfers made by pension applicants. Under the proposed regulations, veterans who transfer or dispose of assets to qualify
