Abstract
This article focuses on specific planning options that practitioners should consider when counseling clients facing long-term health care. Both recent changes in Medicaid rules as well as significant recent case law are discussed.
I. Introduction
II. Medicaid Eligibility ... A. Circumstances Test ... B. Income Test ... 1. Available Income ... 2. Deeming ... 3. The "Name-on-the-Check" Rule ... 4. Countable Income v. Actual Income
III. Estate Planning Techniques and Considerations ... 1. Exempt Assets ... 2. Asset Transfers Prior to August 10, 1993 ... 3. Asset Transfers after August 10, 1993 ... 4. Trusts Prior to August 10, 1993 ... 5. Trusts after August 10, 1993 ... 6. Income-Producing Property Used in Trade or Business ... 7. Retained Life Interests ... 8. Medicaid Retirement Planning ... 9. Minority Business Interests ... 10. Long-term Care Insurance ... 11. Medicaid Appeals Process
IV. Protecting the Medicaid Beneficiary and Beneficiary's Estate from Reimbursement Claims
V. Conclusion
Recommended Citation
Roger A. McEowen,
Estate Planning for Farm and Ranch Families Facing Long-Term Health Care,
73 Neb. L. Rev.
(1994)
Available at: https://digitalcommons.unl.edu/nlr/vol73/iss1/6