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
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.
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.