Chicago Volunteer Legal Services “Estate Planning for Medicaid”. Janna Dutton & Associates, P.C. One N. LaSalle Street, Suite 1700 Chicago, IL 60602 (T) 312-899-0950 (F) 312-899-0959 www.duttonelderlaw.com. Planning for Long Term Care Costs.
Janna Dutton & Associates, P.C.
One N. LaSalle Street, Suite 1700
Chicago, IL 60602
1.Covers 100 days of skilled nursing care provided in a Medicare certified nursing facility following a hospitalization per spell of illness. Medicare pays the full cost of the first 20 days. There is a coinsurance payment of $133.50 per day for days 21 through 100 which most Medicare supplemental policies cover.
2.Medicare provides home care to those individuals needing intermittent skilled care, usually post hospitalization only, although long term part time skilled home care services are covered. Skilled care does not include custodial care, which is the type of long term care most individuals impaired by dementia require
Long Term Care Insurance is the only insurance which pays for ongoing nursing home, assisted living, or custodial home care.
The Medicaid program in Illinois is a needs based program and covers custodial long term care expenses for the aged and disabled - covers nursing home, some assisted living (Supportive Living Facilities) and some home care – Community Care Program, In Home Services.
$50,000/$6000 = 8.33 (8 months)
Penalty period beginning1/09 through 8/09
The State of Illinois allows the Community Spouse of a Medicaid nursing home resident to receive a portion of the income of the nursing home resident, which is the Community Spouse Maintenance Needs Allowance (CSMNA). The CSMNA is calculated by subtracting the nursing home spouse’s income from the standard, which in 2009 is $2739. The State never directly subsidizes a CS.
Pooled OBRA Trust Subaccounts
Presently available to disabled persons of any age
Must be managed by a non for profit organization
Illinois Pooled Trusts
Illinois Disability Association Pooled Trust (contact Howard Berk at 312 332 4622)
Options For Living Pooled OBRA Pay Back Trust (contact Jeffrey Schmidt at 630-443-2011)
Life Plan, Inc. Pooled Trust (630 620 2222).
State may start penalizing transfers by persons over the age of 65 to Pooled OBRA Subaccounts
Spouse Refusal to Disclose Assets
State may discontinue practice of allowing community spouses to refuse to disclose assets
Deficit Reduction Act of 2005
State may implement the DRA: 60 month look back starting the month of eligibility for Medicaid coverage of nursing home care.
Detailed policy and procedure relating to the Medicaid program is contained in the IDHS “Combined Policy Manual (PM) and Worker’s Action Guide(WAG)”. This manual is a necessity for anyone processing Medicaid applications and may be accessed online at http://126.96.36.199/pmwag/intranet.htmlhttp://www.dhs.state.il.us/ (Illinois Department of Human Services web site - search for Cash, Food Stamp and Medicaid Manual).