Miller Trust Texas | Houston Medicaid Attorney

Texas Nursing Home Costs Increase 9%

Rich Shea — Tue, 10 Jan 2012 11:16:42 +0000

The Health and Human Services Commission recently completed their annual determination of the average cost of nursing home care in Texas. The new daily rate they found is $142.92 while the previous daily rate was $130.88. This is an increase of over 9% in one year.

For one year, the average cost of a nursing home in Texas now exceeds $52,000. How long can your family afford to keep up at that rate? It is more important than ever to review your situation with an experienced Texas Medicaid attorney that can help you pay for the nursing home without going broke. Not taking advantage of this opportunity can cost you $52,000 or more, every year.

For married couples it is critical to protect your assets before you write too many of those large checks to the nursing home because once the money is gone it can’t be brought back. I can’t stress enough how important it is to maintaining your standard of living that you speak with an experienced Medicaid attorney when your spouse needs nursing home care. With the proper advice and representation you can protect a lot more than you might think, but you have to take that first step and contact us or call us at 832-592-7913. Do nothing and you may very well be impoverishing yourself while enriching the nursing home.

Texas Medicaid Eligibility 2012

Rich Shea — Tue, 03 Jan 2012 18:02:24 +0000

Certain numbers used to determine eligibility for Texas Medicaid benefits are subject to change every January 1st. For 2012 there was a change in the income limits while there was no change in the resource limits. Unfortunately the minimum and maximum Community Spousal Protected Resource Amounts remained the same. The current figures are listed below.

Income Limit for an Individual:$2,094/month

Income Limit for a Couple: $4,188/month

Resource Limit for an Individual: $2,000

Resource Limit for a Couple: $3,000

Home equity is limited to $500,000

Minimum Community Spousal Protected Amount: $21,912

Maximum Community Spousal Protected Resource Amount: $109,560

How Does this Impact Your Family?

If your loved one’s income or assets exceed the values listed above do not give up. A Houston Medicaid Attorney can help you establish Medicaid eligibility through proven techniques while protecting everything your family is entitled to protect. Act now to secure Medicaid eligibility and eliminate the uncertainty and restless nights wondering who will pay the nursing home costs of more than $100 every day. Remember, only you can protect your rights and property. Call The Shea Law Firm at (832) 592-7913 to get started today.

TexasTitle19.com is your connection to an experienced Houston Medicaid Attorney who can help you find the right nursing home, get the best care, and pay for it all without going broke. We are currently focused on Harris and Montgomery Counties, including the areas of Houston, Conroe, The Woodlands, Spring, Tomball, Humble, and Katy. We also provide consulting services throughout all of Texas.

Are You The Responsible Party?

Rich Shea — Fri, 08 Apr 2011 22:40:40 +0000

Before you sign that nursing home admissions contract you may want to review it carefully. There is a growing trend in the nursing home industry to include”responsible party” provisions which have the potential for some surprising consequences.

What is a “Responsible Party?”
At first glance it may sound like the primary family contact in the event the nursing home needs to contact someone. However, in reality many nursing homes are defining “responsible party” to include personal financial responsibility for the resident’s nursing home costs. Depending on the language used in those provisions you may be voluntarily giving them the right to come after you for payment of nursing home bills. By the way, those bills average around $5,000 per month.

How To Avoid It
You may be surprised, but it is actually illegal for a Houston nursing home or a nursing home anywhere in Texas to require a family member to take on personal financial responsibility in order to admin a loved one to a nursing home. However, if you take on that liability voluntarily then you no longer have the protection of the law. You are only protected if they required you to assume personal financial responsibility.

Know What You Are Signing
Do not be a victim of these predatory practices by signing the admissions contract without reading it. If you are not sure about any provisions of the contract contact us and we can review it.

If you would like more information on Texas Medicaid and how to pay for the nursing home without going broke and losing everything, contact us at 832-426-3913.

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How To Install a Granny Cam in a Texas Nursing Home

Rich Shea — Wed, 09 Mar 2011 12:36:53 +0000

It is a sad fact that too many nursing homes in Texas and the greater Houston area abuse or neglect their vulnerable residents. If you are concerned about the treatment your loved one is receiving in a Texas nursing home then you may have considered using a “granny cam” to find out exactly what is going on when you are not around. Texas has some very specific laws on how to properly install a “granny cam” in a Texas nursing home. If you do not follow those laws, then you act at your own peril and run the risk of violating someone else’s rights while attempting to protect your loved one’s rights.

Here are the basic rules concerning installing a “granny cam” in a Houston nursing home:

The nursing home must permit the resident or the resident’s guardian to monitor the room through the use of electronic monitoring devices. They cannot refuse your proper request to install a camera.
You must make a formal request to install a “granny cam” on the form required by the Department of Aging and Disability Services;
You must obtain the written consent of other residents in the room;
The nursing home shall require a resident (or their guardian) who conducts authorized electronic monitoring to post and maintain a conspicuous notice at the entrance to the resident’s room. The notice must state that the room is being monitored by an electronic monitoring device.
The nursing home may not refuse to admit an individual and may not remove a resident because of a request to conduct authorized electronic monitoring.
The nursing home must make reasonable physical accommodation for authorized electronic monitoring, including: (1) providing a reasonably secure place to mount the video surveillance camera or other electronic monitoring device; and (2) providing access to power sources for the video surveillance camera or other electronic monitoring device.
The resident or the resident’s guardian must pay for all costs associated with conducting electronic monitoring, other than the costs of electricity. The resident or the resident’s guardian or legal representative is responsible for: (1) all costs associated with installation of equipment; and (2) maintaining the equipment.
The nursing home may require an electronic monitoring device to be installed in a manner that is safe for residents, employees, or visitors who may be moving about the room.
If authorized electronic monitoring is conducted, the nursing home may require the resident or the resident’s guardian or legal representative to conduct the electronic monitoring in plain view.
The nursing home may but is not required to place a resident in a different room to accommodate a request to conduct authorized electronic monitoring.

Contact us at (832) 592-7913 if you need help finding a nursing home, getting the best care there, or paying for it without going broke.

The Right Time to Create a Miller Trust

Rich Shea — Tue, 18 Jan 2011 12:42:56 +0000

Everyone who comes to TexasTitle19.com to solve their Texas Nursing Home Medicaid eligibility issues is well aware that if a Texas Medicaid applicant receives more than $2,022 (for year 2011) in a month that person is not eligible in any way, shape, or form for Texas Nursing Home Medicaid unless they create a Miller Trust. So if you know you need a Texas Miller Trust in order to be eligible for Medicaid, then when is the time to begin the process and get everything setup?

For the people that I work with I recommend having the Texas Miller Trust signed and the bank account opened at least a month before you need Medicaid benefits to begin. Why? The reason is simple, if the income for any given month is not properly coordinated with the Texas Miller Trust then you can lose an entire month of Medicaid eligibility which could leave your family with a bill of a few thousand dollars in nursing home costs. When you have the Miller Trust prepared the month before you need Medicaid benefits to begin then I can guide you through the steps you need to take with the Miller Trust so your loved one is no longer over the income eligibility limit and Medicaid benefits can begin.

If you wait until after the Medicaid application is submitted, it may already be too late to use the Miller Trust to establish income eligibility for the month of application. Once the income for the month has been received and spent without a Miller Trust it cannot be undone.

Don’t make a costly mistake. Speak with a Texas Medicaid Attorney at (832) 592-7913 if your loved one needs Medicaid benefits to pay for nursing home care.

Medicaid Eligibility 2011

Rich Shea — Sat, 08 Jan 2011 23:53:31 +0000

Certain numbers used to determine eligibility for Texas Medicaid benefits are subject to change every January 1st. For 2011 there were no changes in the income or resource limits. Unfortunately the minimum and maximum Community Spousal Protected Resource Amounts remained the same. The current figures are listed below.

Income Limit for an Individual:$2,022/month

Income Limit for a Couple: $4,044/month

Resource Limit for an Individual: $2,000

Resource Limit for a Couple: $3,000

Home equity is limited to $500,000

Minimum Community Spousal Protected Amount: $21,912

Maximum Community Spousal Protected Resource Amount: $109,560

How Does this Impact Your Family?

Medicaid Mythbusters Part 2

Rich Shea — Tue, 14 Dec 2010 23:18:21 +0000

This is another installment in my mythbusters series to help get some accurate information out there concerning some popular myths that surround eligibility for Texas nursing home medicaid benefits.

Myth
You can make gifts within five years of applying for benefits and just not tell anyone; or the State of Texas will not find out.

Fact
A Medicaid application averages about 45-90 days before the HHSC makes a decision. What do you think they are doing during that time? They are investigating and looking for clues to any assets that may not have been identified on the application. And even if you slip by on the initial application, if the asset is discovered later on you will lose your benefits then and incur liability for the benefits the state already paid. Hoping that you do not get caught is not a strategy.

Myth
You can make gifts of real estate, or cash, or stock, without creating a penalty as long as they are “small”.

Fact
Gifts or any transfer where the Medicaid applicant or their spouse receives less in value than they transferred to another person are a minefield for the inexperienced. There is no blanket exemption that a person can gift without penalty like there is for federal gift tax purposes. Any gift or questionable transfer can be the basis of a penalty that disqualifies your loved one from Medicaid. Unfortunately too many people without proper advice end up spending several thousands of dollars on nursing home costs because they incurred a penalty over a few hundred dollars. Not a good trade in my opinion.

Myth
If you have a joint account with a family member or someone else and you simply remove your name from the account that is not a transfer resulting in a penalty.

Fact
Removing an account owner’s name from an account and cutting off their access to the funds in the account is a gift transfer which will result in a penalty and period of ineligibility. This is the same as writing a check for the full amount of the account to the other account owner.

Don’t make the mistake that ends up costing your family tens of thousands of dollars. The Texas Medicaid rules are very harsh and do not distinguish between “innocent” mistakes and intentional acts to deceive. Protect yourself and your property with an experienced Texas Medicaid Attorney today.

Medical Necessity and Nursing Home Medicaid

Rich Shea — Thu, 09 Dec 2010 11:41:39 +0000

In order to qualify for nursing home Medicaid benefits the applicant must have a “medical necessity” to be in a nursing home. If you do not have a valid medical necessity then you will not be eligible for Medicaid. What is a “medical necessity?”

A Medical necessity exists when a person meets all of the following criteria:

(1) The individual must demonstrate a medical condition that:

(A) is of sufficient seriousness that the individual’s needs exceed the routine care which may be given by an untrained person; and

(B) requires licensed nurses’ supervision, assessment, planning, and intervention that are available only in an institution.

(2) The individual must require medical or nursing services that:

(A) are ordered by a physician;

(B) are dependent upon the individual’s documented medical conditions;

(D) are provided either directly by or under the supervision of a licensed nurse in an institutional setting; and

(E) are required on a regular basis.

This decision is generally made by the staff at the nursing home the Medicaid applicant resides at. It is a medical decision, but it can be appealed by your Medicaid Attorney if you believe the staff made a wrong decision. Get help today if your loved one needs nursing home Medicaid benefits.

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Medicaid Mythbusters

Rich Shea — Thu, 25 Nov 2010 13:23:34 +0000

The Medicaid nursing home benefits program causes a lot of confusion. Part of why I publish this website is to get accurate information out there into your hands so you don’t make a decision based on rumors, stories, and other inaccurate sources of information. There are a lot of popular misconceptions about eligibility for Texas Medicaid. Let’s take a look at some of them.

Myth

You can make small or large gifts to family members within five years of applying for benefits and still qualify for Medicaid benefits without penalties.

Fact

There is no annual limit you can give to family members that will not create a penalty for Medicaid eligibility. Any gift can create a penalty. The confusion that sparked this myth is the annual gift tax exclusion which only applies to gift taxes and has no impact on Medicaid.

Myth

Your parent will lose everything before he or she can receive Medicaid benefits.

Fact

Potential Medicaid applicants do have some flexibility in making the most of their assets before qualifying for nursing home benefits. Married applicants can usually protect a sizable amount of assets for their spouse, and unmarried applicants can usually get more with their remaining assets than simply paying the nursing home bill until everything is gone.

Do not spend all of your money on nursing home bills. Find out how you can protect yourself and your family with a Texas Medicaid attorney.

Medicaid Mythbusters Part 2

Funeral Contract Mistakes

Rich Shea — Sun, 21 Nov 2010 13:05:13 +0000

Before spending all of their assets many families that work with an experienced Medicaid Attorney purchase a funeral contract for the Texas Medicaid recipient. The reason is simple, once the family member is on Medicaid they will never be allowed to have more than $2,000 in assets. Funerals generally cost a lot more than $2,000 so it makes sense to use some of the remaining funds to provide for this future need while the funds are available now.

Funeral contracts are like any other contract and can be a bit complicated. In any given funeral contract you may have 3 different roles to identify: purchaser, owner, and beneficiary. Unfortunately, many of the funeral contracts I see that people have purchased without legal advice are not setup in the proper way. These families often end up with a family member who has power of attorney for the Medicaid applicant being identified in the contract as the owner or purchaser. That is not the best way to setup a funeral contract if you want to go “by the book” and minimize potential problems during the 45+ day Medicaid application review period.

Speak with a Texas Medicaid Attorney and get help if you want to avoid mistakes like these before and during an application for Medicaid nursing home benefits.

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