The Law Office of Richard T. Taps, Certified Elder Law Attorney in Columbus, Ohio
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Medicaid Planning

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Asset Protection Planning

To achieve a personís goals, various planning strategies can be used in the process of becoming eligible for Medicaid. After a thorough review of a clientís financial and personal circumstances, an individual plan is developed to properly address his/her needs and goals. The Medicaid programís application process and financial requirements are reviewed with the client ti ensure they understand the plan and its practical effects. Asset protection is a major consideration for anyone entering a nursing home, especially in situation where a person may be living in a nursing home for an extended period of time. There are planning options that are available to maximize the amount of assets or income available to a spouse, or to reduce claims the state may have against a personís estate.

Application Filing

Until the federal and state laws changed in February 2006, most people could file their own Medicaid application. However, because of these, and continuing changes in the law, getting the application filed in an efficient and accurate manner has become more critical. In many cases, we am recommend that clients allow our office to file the application and be their liaison with the county Job and Family Services Agency. This prevents unnecessary delays and some denials which are more likely to impact an applicantís eligibility.

Appeals

Applications are often denied. In most cases, the application is denied correctly. In some cases the application is denied erroneously. When this happens, the denial is challenged through the appeal process. This begins as an administrative hearing, and can be appeal to state court if necessary.

If your Medicaid application has been denied, we can review your case to determine if your denial is in error.   We can then appeal the denial and represent you through the appeal process.

Medicaid Estate Recovery

When a person who received Medicaid benefits dies, Ohio is authorized to collect the cost of those medical benefits from the personís estate. Every year since 1995, Ohio has become more aggressive in trying to recover Medicaid dollars through this program. We work with clients to protect their assets before their death. We also provide services to executors who are administering an estate where a claim has been filed. We have experience negotiating with the State of Ohio on the clientís behalf.

 


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