If you are in a nursing home and you give away assets, you are penalized by Medicaid. We were able to fight for our client's rights in many cases, and in some, we helped change the laws completely.
This law was allowing Medicaid to transfer a deceased spouse's penalties to the living spouse. There has been a change in the statute, unfortunately, as a result of our past victories. But there is still there's a major loophole in the new statute also. So, we can still avoid transferability when there is a case where the husband or the wife was in an institution passes away.
This case was for a person who was living in a home who gave assets away and was penalized. But then they were able to move home and stop that penalty until they had to return to the community.
This trial was for somebody who was in assisted living. Medicaid was challenging the eligibility or the ability to qualify for Medicaid unless you were in a Medicaid qualifying community. Not all of the assisted living communities participate in the Medicaid waiver program. In fact, very few of them do because of the low reimbursement rates.
So, we had someone who was in a non-qualifying community, and we were just trying to start a penalty period in case they had to go to a nursing home.
We end up having to have several hearings. In the end, we were successful, and we actually discovered that in October of two thousand and twenty, the Ohio legislature actually changed the law to adopt the procedure that we had won in that hearing.
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