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| Articles by Dale Krause |
21. A Medicaid Agency's Right as an Annuity Beneficiary
February 02, 2012
A recent court case, Hutcherson v. Arizona Health Care Cost Containment System Administration ("AHCCCS"), brought a ruling down regarding the State's recovery rights as a beneficiary of a Medicaid Compliant Annuity. Within the decision:
"We hold that the 2006 amendment to 42 U.S.C. § 13...
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22. Trusts & Annuities
January 26, 2012
Trusts come in many different forms and are used for many different purposes. Generally, trusts are either revocable or irrevocable, grantor or non-grantor, inter vivos or testamentary, and simple or complex. Trusts are used to manage assets, distribute income, provide for college educations, pay ...
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23. Predeceasing a Medicaid Compliant Annuity
December 16, 2011
"If a single person buys a Medicaid Compliant Annuity to provide income during a disqualification period, and the state Medicaid agency is designated as the primary beneficiary, what if the individual predeceases the annuity?" This is an excellent question that I receive quite often. Krause Fi...
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24. Using an Annuity with a Personal Services Contract
December 15, 2011
Primarily in Florida, Personal Services Contracts ("PSK"), which are also referred to as Caregiver Agreements, are widely used as a spend-down tool for Medicaid and Veterans benefits planning.
A PSK generally services four purposes:
1. It reduces an applicant's countable resources to...
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25. What do I do with the Institutionalized Spouse's IRA?
September 19, 2011
Medicaid planning with IRAs typically involves a considerable amount of caution due to the heavy tax consequences and penalties that can result from careless errors. The same holds true for both preplanning and crisis Medicaid planning. In preplanning, the tax-qualified funds cannot simply be tran...
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26. The Appropriate Use of Short-Term Medicaid Compliant Annuities
August 29, 2011
In March of 2010 the National Association of State Medicaid Directors ("NASMD") wrote a letter to the Center for Medicaid and State Operations ("CMS") regarding the inappropriate use of short-term Medicaid Compliant Annuities. If you recall, NASMD requested that CMS take the position that a Medicai...
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27. Protecting the Family Cottage from a Medicaid Spend-Down
August 29, 2011
An irrevocable trust is an excellent tool when preplanning for Medicaid benefits. Anything that is put into the irrevocable trust is protected from a Medicaid spend-down if five years pass from the date of the transfer.
For example, Alice Smith, a 77-year-old widow, wants to protect her fam...
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28. Veterans Long Term Care Planning with Annuities
October 19, 2010
With more and more elder law attorneys expanding their practices to include Veterans Aid & Attendance benefits planning, I have seen countless self-dubbed "VA Planning Specialists" offering their services. A large amount of VA plans fail in that many insurance agents do not understand the applicabl...
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Author: Dale Krause
