Salem Shor & Saperstein, LLP

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Institutional Medicaid

When an individual reaches the point that remaining at home even with assistance is no longer a safe or appropriate environment, taking the steps towards a Nursing Facility can be difficult. The attorneys of this office can assist you with the following;

  • Nursing Home Placement, to ensure that you find the proper facility that will serve the individual personal care needs
  • Institutional Medicaid Application– Assisting with the comprehensive Institutional Medicaid application process, through the approval process.
  • Fair Hearings– In the event the there is an error in a Medicaid Determination; we can assist in appealing the decision through the Fair Hearing process.
  • Asset preservation, to ensure that the hard earned assets that one accumulates through their entire life is not spent on long term care.  The attorneys of this office are well versed in all forms of asset preservation, whether dealing with liquid assets, real property or any other form of asset, including Promissory Note transfers, Life Estate transfers and all forms of Trusts.
  • Income protection– While the Institutional Medicaid process is restrictive with income protection, where possible, the attorneys of this office will assist in maximizing the use of the income under the confines of the law.
  • Look Back Review– to ensure you are fully aware of the implications of transfers made prior to the need for a nursing home. The attorneys of this office cam assist you in reviewing all bank statements during the look back period to ascertain any potential problems or concerns.
  • Spousal Issues Medicaid laws provide special provisions for spouses.  The attorneys of this office are well versed in the Medicaid laws and can help determine if you can utilize these provisions to your benefit.
  • Disabled Children – Medicaid laws provide that a transfer to a disabled child in certain circumstances is acceptable and would not affect Medicaid eligibility.
  • Homestead Protection– Medicaid has special provisions regarding the homestead that can be extended to children or siblings that live in the same house with the individual applying for Medicaid. The attorneys of this office are well versed in the Medicaid laws and can help determine if you can utilize these provisions to your benefit.