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1 Changes Made to Administrative Rules | HFS - Illinois.gov
https://www2.illinois.gov/hfs/MedicalProviders/ltss/ltc/Pages/Changes.aspx
Issue: Spousal Refusal – ... Previous Rule: When a community spouse refuses to disclose and make available relevant information concerning resources the rule gave ...
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2 How Spousal Refusal Works as a Strategy to Medicaid Eligibility
https://www.medicaidplanningassistance.org/spousal-refusal/
Spousal refusal, which has been dubbed, “just say no,” is when non-applicant spouses of long-term care Medicaid applicants refuse to help ...
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3 Community spouse rules for Medicaid - Illinois Legal Aid Online
https://www.illinoislegalaid.org/legal-information/community-spouse-rules-medicaid
If the spouse in the community (i.e. "community spouse") has an income below $2,739, the nursing home spouse may transfer income to them up to that limit. This ...
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4 Scholar's plan addresses 'spousal refusal,' nursing-home cost ...
https://news.illinois.edu/view/6367/211209
CHAMPAIGN, Ill. - Spousal refusal, an increasingly popular way for elderly couples to qualify for Medicaid coverage to avoid nursing-home costs, ...
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5 Medicaid Community Spouse Resource Allowance
https://www.oflaherty-law.com/learn-about-law/medicaid-in-illinois-protection-of-the-healthy-spouses-assets-and-income-community-spouse-resource-allowance
Assets held in your spouse's name generally count as your assets for the purpose of applying for Medicaid. However, In 2016 in Illinois, while ...
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6 What is Spousal Refusal? - Trust & Will
https://trustandwill.com/learn/spousal-refusal
How spousal refusal works · Any assets that exceed Medicaid limits are to be transferred to the non-applicant spouse. · The non-applicant spouse must sign a ...
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7 Spousal Refusal and Medicaid Planning
https://www.naela.org/NewsJournalOnline/NewsJournalOnline/Journal_Articles/2022/Spring-2022/SpousalRefusalandMedicaidPlanning.aspx?subid=1254
This article focuses on what is known as spousal refusal, referring to situations in which the community spouse owns excess assets and refuses or is unavailable ...
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8 Medicaid Spotlight: What is Spousal Refusal? - Cona Elder Law
https://conaelderlaw.com/medicaid-spotlight-what-is-spousal-refusal/
In that case, the spouse in the community must sign a Spousal Refusal. This is a written statement submitted in support of a Medicaid ...
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9 Illinois Medicaid Long Term Care | Eligibility Guidelines 2021
https://www.seniorplanning.org/long-term-care-medicaid-eligibility/illinois/
Spouse's refusal to disclose assets results in denial. Eligibility for long-term care assistance will be denied if the community spouse or institutionalized ...
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10 How to Protect Your Money from Medicaid
https://bottestateplanning.com/how-to-protect-your-money-from-medicaid/
Spousal transfers and spousal refusal. Transfers between spouses are permitted and, unlike many other strategies, are not subject to the look-back period.
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11 POINDEXTER v. STATE DEPARTMENT OF HUMAN SERVICES
https://caselaw.findlaw.com/il-court-of-appeals/1289787.html
The State of Illinois, acting through DHS and DPA, appeals the court's order ... and Connecticut state law allowed such spousal refusal), aff'd by Morenz v.
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12 - EXAMINING ABUSES OF MEDICAID ELIGIBILITY RULES
https://www.govinfo.gov/content/pkg/CHRG-112hhrg71967/html/CHRG-112hhrg71967.htm
I also respectfully suggest that the law allowing spousal refusal be adjusted to ... Illinois serves 2.7 million clients through Medicaid and SCHIP at an ...
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13 Spousal Impoverishment - Medicaid
https://www.medicaid.gov/medicaid/eligibility/spousal-impoverishment/index.html
Under the Medicaid spousal impoverishment provisions, a certain amount of the couple's combined resources is protected for the spouse living in the ...
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14 305 ILCS 5/ Illinois Public Aid Code.
https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1413&ChapterID=28
The termination of medical assistance may commence thereafter if the Department of Healthcare and Family Services determines that the failure or refusal to ...
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15 Illinois Medicaid Income and Asset Rules for Couples
https://pili.org/wp-content/uploads/2019/06/Spousal_Impoverishment-1.pdf
If the community spouse has less than $2,739.00 per month in income, then he or she can receive some or all of the nursing home spouse's income to bring his or ...
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16 Spouses of Medicaid Long-Term Care Recipients - ASPE
https://aspe.hhs.gov/reports/spouses-medicaid-long-term-care-recipients-0
The so-called Medicaid “spousal impoverishment” provisions protect the community spouse when the institutional stay of the nursing home resident has lasted or ...
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17 Paying for Long-Term Care in Illinois
https://www.isba.org/ibj/2012/10/payingforlongtermcareinillinois
Spouse's refusal to disclose assets results in denial. Eligibility for long-term care assistance will be denied if the community spouse or institutionalized ...
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18 Medicaid Protections for the Healthy Spouse
https://www.elderlawanswers.com/medicaid-protections-for-the-healthy-spouse-12019
Under the law, if a spouse refuses to contribute his or her income or resources toward the cost of care of a Medicaid applicant, the Medicaid agency is required ...
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19 Andrew D. Wone - - The Elder Law Journal
https://theelderlawjournal.com/wp-content/uploads/2015/02/Wone.pdf
Journal; J.D. 2007, University of Illinois, Urbana-Champaign; B.S. 2001, ... federal Medicaid statutes to disallow the practice of spousal refusal by ...
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20 When People with Disabilities Divorce | Special Needs Alliance
https://www.specialneedsalliance.org/blog/when-people-with-disabilities-divorce/
If eligibility for Medicaid was established through “spousal refusal” (an individual refuses to use his/her assets to support an ...
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21 Medicaid: Protections for Spousal Income During Long-Term ...
https://www.nolo.com/legal-encyclopedia/medicaid-protections-spousal-income-during-long-term-care.html
Medicaid does not require a healthy spouse to give up all of her income and property just so the needy spouse can qualify for care. Instead, Medicaid has a ...
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22 Medicaid, Nursing Home Care, and Spousal Responsibility
https://www.sog.unc.edu/file/221/download?token=7nhLIjtq
holding Medicaid provisions regarding spousal deeming). ... the MCCA's “spousal refusal” exception did not apply in North Carolina because, ...
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23 Contact Us - Armstrong & Lamberti, PLLC
http://nyelderlaw.net/contact-us/index.html
What Did The Proposal To Eliminate Medicaid Spousal Refusal Mean To New York ... Law §366(3)(a) to provide that for Medicaid eligibility the income and ...
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24 How Couple's Joint Assets Impact Medicaid Eligibility
https://www.payingforseniorcare.com/medicaid/joint-assets-impact-eligibility
If not for the Spousal Impoverishment Law, Medicaid would combine the assets and income of both spouses and consider everything belonging to the applicant.
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25 Illinois shifts course on long-term care Medicaid rules again
http://www.kabbe-law.com/illinois-shifts-course-on-long-term-care-medicaid-rules-again/
Spousal Refusal. The law means that spouses will have to pool their resources to pay for one spouse's care, regardless of whether they have been ...
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26 Medicaid Eligibility Handbook Release 21-01
https://www.dhs.wisconsin.gov/publications/p10030-21-01.pdf
18.9 Community Spouse's Medicaid Application . ... If an adult refuses, without good cause, to provide health insurance information for.
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27 Home Health Care Benefit under Medicare and Illinois Medicaid
https://mfpweb.nursing.uic.edu/education/homecare/About_homecare_Medicaid.pdf
Waivers may not claim the parental or spousal income in order to provide the services for an individual client. Authorization for this service is made by ...
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28 How Gifting Affects Medicaid Eligibility - Burner Law Group
https://burnerlaw.com/how-gifting-affects-medicaid-eligibility/
This comes up frequently in cases where we rely on Spousal Refusal. Spousal Refusal is a planning technique where the spouse that is going into an institution ...
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29 Disclaimer and Elective Share in the Medicaid Context
https://scholarship.law.marquette.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1316&context=elders
in some jurisdictions, a surviving spouse's refusal to claim the elective share will cause a period of. Medicaid disqualification. All common-law states, ...
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30 Taking Control of the Medicaid Eligibility Process
https://achca.memberclicks.net/assets/exhibitor/Convo2019/201.%20Taking%20Control%20of%20the%20Medicaid%20Eligibility%20Process%20Strategies%20to%20Help%20Ensure%20Success%20%20Bogar.pdf
under the Doctrine of Spousal Refusal. 7. If a resident's application for ... Federal Judge agrees with sb2 inc. that Illinois must annually submit for.
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31 Industry News - Krause Financial Services
https://www.medicaidannuity.com/resources/industry-news/page/2
2022 SSI and Spousal Impoverishment Standards ... Although the Illinois Medicaid reimbursement rate has been improved in the past few years, it hasn't kept ...
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32 State-by-State Medicaid Information - eGrove
https://egrove.olemiss.edu/cgi/viewcontent.cgi?filename=1&article=2562&context=aicpa_guides&type=additional
four requirements for spousal refusal: ... possible that Illinois will revise Medicaid policy to combine a couple's assets when establishing eligibility.
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33 Medicaid and Estate Planning for Seniors An Update
https://cdn.ymaws.com/www.lakebar.org/resource/collection/62403349-7F34-4030-8FF7-54185A72F5F9/CH_4_Medicaid_and_Estate_Planning_for_Seniors_Ferraro.pdf
2014 Illinois expanded medical coverage to adults, ... Spousal Refusal to Support (distinguishable from refusal to disclose- which.
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34 5 Ways To Protect Your Money from Medicaid
https://www.eldercaredirection.com/5-ways-to-protect-your-money-from-medicaid/
Setting up a caregiver agreement may be a good way to obtain services that would not be covered by Medicaid. Under this type of agreement, a ...
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35 New York Finds a Way Body
https://afj.org/wp-content/uploads/2020/02/New-York-Finds-a-Way.pdf
insurance, many New Yorkers finance long-term care through spousal refusal or a disposal of assets in order to qualify for Medicaid.
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36 New York's No. 2 Calls for Medicaid Overhaul
https://www.nytimes.com/2010/09/20/nyregion/20medicaid.html
The report also took aim at a policy called “spousal refusal,” which permits families that meet the standards to afford long-term care for ...
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37 Elder Law Advisor - Ruder Ware
https://www.ruderware.com/wp-content/uploads/2019/10/Elder_Law_Advisor_Jan_2012_FINAL.pdf
In addition to medical assistance eligibility, gifts may trigger the need to file a gift tax ... A final proposed change is to eliminate “spousal refusal.
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38 ILTCP: Spousal Impoverishment Protection Law - IN.gov
https://www.in.gov/iltcp/medicaid/spousal-impoverishment-protection-law/
The nursing home spouse is allowed only $2,000 in non-exempt assets to be eligible for Medicaid. INCOME: The community spouse is allowed to keep all income that ...
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39 2022 Illinois Register Issue 13
https://www.ilsos.gov/departments/index/register/volume46/register_volume46_issue_13.pdf
Refusal of an eligible to accept 2 separate offers of employment; ... Drugs to Prolong the Lives of Non-Medicaid Persons with Acquired.
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40 Articles Posted in Medicaid Applications - Ettinger Law Firm
https://www.trustlaw.com/blog/category/medicaid-applications/
The healthy spouse may keep between $74,820 and $128,640 in assets. “Spousal Refusal” is another option that may help the healthy spouse keep ...
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41 STATE OF ILLINOIS
http://www.dhs.state.il.us/onenetlibrary/27897/documents/stateplans/hcd/tanf/tanfstateplan2010-2012.doc
The state of Illinois has developed this State Plan (Plan) to provide ... A statement refusing to participate in child support activities without good cause ...
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42 Advanced Medicaid Planning - NET
https://configio.blob.core.windows.net/media/em_ATGLegalEducation/Attachments/Documents/ATG%20Advanced%20Medicaid%20Planning%20Notes.pdf
Learn about Spousal Refusal as a technique for Medicaid ... However, the State of Illinois MUST be named as a beneficiary after: the.
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43 2005 Illinois 305 ILCS 5/ Illinois Public Aid Code. Article V
https://law.justia.com/codes/illinois/2005/chapter28/55010.html
The termination of medical assistance may commence thereafter if the Illinois Department determines that the failure or refusal to comply with this Section ...
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44 Medicaid rules in Illinois are changing to help Community ...
https://www.wombacherlaw.com/blog/2022/05/medicaid-rules-in-illinois-are-changing-to-help-community-spouses-in-illinois/
In 2012, Illinois froze its rates for spouses of individuals who receive Medicaid-funded, long-term care at $2739 per month, ...
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45 The Monthly Maintenance Needs Allowance in Medicaid ...
https://thekrauseagency.com/medicaid-planning/the-mmna-in-medicaid-planning/
The Institutionalized Spouse's monthly income must be used to pay for long-term care, although he or she can keep a monthly Personal Needs Allowance and make ...
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46 in this issue
https://www.czepigalaw.com/files/dillman_newsletterforweb.pdf
schneider's Medicaid application, the assets of her husband, leon, ... Editor's Note: this may be the other shoe to drop. under “spousal refusal,” a ...
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47 Medicaid Promissory Notes | CLE Webinar - Strafford
https://www.straffordpub.com/products/medicaid-promissory-notes-gift-and-dra-compliant-transactions-shielding-assets-safe-harbors-spousal-refusals-2019-06-25
Medicaid Promissory Notes: Gift and DRA Compliant Transactions, ... Using promissory notes and the impact of spousal refusal options ...
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48 Qualifying for Medicaid Long Term Care When Over the Asset ...
https://www.eldercareresourceplanning.org/medicaid-eligibility/qualifying-when-over-assets/
When only one spouse of a married couple is applying for Nursing Home Medicaid or HCBS Medicaid, federal spousal impoverishment rules allow the non-applicant ...
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49 ILLINOIS STATE LONG-TERM CARE OMBUDSMAN PROGRAM
https://ltcombudsman.org/uploads/files/support/Level2TrainingManual(interactive)_with_back_btn.pdf
from the Federal Medicaid website or from the Illinois HFS Affordable Care Act ... uncovered, refusing to comply with a resident's request for bathroom ...
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50 Bill Text: IL HB4343 | 2021-2022 | 102nd General Assembly
https://legiscan.com/IL/text/HB4343/2021
Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of ... to 42 U.S.C. 1396r-5, such refusal may result in the.
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51 Medicaid Archives - Blodnick Fazio & Clark - Attorneys at Law
https://www.bfclaws.com/tag/medicaid/
... Illinois-based pharmacy chain overbilled federal health care ... Garden City Medicaid trust lawyer ... spousal refusal New York Medicaid ...
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52 H. Rept. 113-11 - ``BILLIONS OF FEDERAL TAX DOLLARS ...
https://www.congress.gov/congressional-report/113th-congress/house-report/11/1
\61\ Eulau testified that most married people in Suffolk County, New York, who apply for Medicaid use spousal refusal, and she confirmed to Committee staff that ...
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53 POMS: PS 01825.016 - Illinois - 08/02/2017 - Social Security
https://secure.ssa.gov/poms.nsf/lnx/1601825016
› poms.nsf › lnx
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54 NAELA Illinois Unprogram - December 1, 2012
http://events.r20.constantcontact.com/register/event?llr=c9shxsbab&oeidk=a07e6ihxisfd8e96250
NAELA Illinois Unprogram - December 1, 2012 ... Spousal Refusal & Community Spouse Issues ... Planning for the House - VA & Medicaid.
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55 This form is used to advise Medicare of the person or persons ...
https://www.medicare.gov/medicareonlineforms/publicforms/cms10106.pdf
Centers for Medicare & Medicaid Services. OMB No. 0938-0930 ... Your authorization or refusal to authorize disclosure of your personal health information ...
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56 Medicaid Planning - WTPELF
https://wtpelf.com/medicaid-planning/
Sarasota Medicaid Planning Attorney ... Qualifying for Medicaid coverage for nursing home expenses is a detailed, ... E. Spousal Refusal/Just Say No.
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57 Comment on New Adult Waiver - The Arc of Illinois
https://www.thearcofil.org/comment-on-new-adult-waiver/
The Stateof Illinoisrequests approval for a Medicaid home and ... The State refuses entrance to the waiver to any otherwise eligible individual when the ...
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58 duty to recover the property Archives - EZ Elder Law
https://www.ezelderlaw.com/tag/duty-to-recover-the-property/
Transfer penalty cannot be imposed where transfer was exclusively for purpose other than to qualify for Medicaid. Petitioner was admitted to a nursing home ...
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59 Resource Center - Illinois Health Care Association
https://www.ihca.com/resources_list.asp?c=6&i=22
The Centers for Medicare and Medicaid Services (CMS) expects Medicare and Medicare/Medicaid certified healthcare facilities to have water management ...
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60 Billions of Federal Tax Dollars Wasted Annually by New York's ...
https://docs.house.gov/meetings/go/go00/20130205/100224/hrpt-113-x.pdf
artificially impoverish themselves or invoke spousal refusal to qualify for Medicaid. • New York must limit executive compensation at ...
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61 Blog: Family law solutions for elder law problems (9/27/19)
https://www.gcdailyworld.com/blogs/2002/entry/73661
The first kind of disruption is a spouse's refusal to provide written ... but divorce may be an Illinois Medicaid applicant's only hope.
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62 Patient Rights Under the Illinois Nursing Home Care Act
https://1800malpractice.com/blog/illinois-nursing-home-care-act/
The nursing home must explain your “spousal impoverishment” rights. This law applies to married couples when only one spouse needs nursing home care. Medicaid ...
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63 July 2005 - Florida Medicaid
http://www.floridamedicaid.com/index.php/blog/archives/242-july-05.html
The Appellate Court of Illinois rules that a state law authorizing ... and a document entitled "Spousal Refusal Statement," in which Mrs.
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64 Medicaid as Coverture - UC Hastings Scholarship Repository
https://repository.uchastings.edu/cgi/viewcontent.cgi?article=1397&context=hwlj
The Role of Spousal Refusal and Medicaid Funding in Long- ... Illinois, 83 U.S. 130, 139 (1873) (upholding an Illinois state court.
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65 Magic Bullet in Word - with cover
http://centerltc.com/pubs/MAGIC_Bullet.pdf
Medicaid nursing home census [in Illinois] has increased "from 60.9 percent ... severe curtailment of spousal impoverishment protections but ...
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66 April 1, 2020 HMA REVIEW OF STATE APPENDIX K ...
https://www.healthmanagement.com/wp-content/uploads/040120-HMA-Roundup.pdf
Medicare & Medicaid Services (CMS) has encouraged states to ... including a 60-month look-back period for HCBS, eliminating spousal refusal.
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67 Summary of State Law Requirements Addressing Language ...
https://9kqpw4dcaw91s37kozm5jx17-wpengine.netdna-ssl.com/wp-content/uploads/2019/04/Language-Access-NHeLP-50StateSurvey.pdf
added provisions addressing Medicaid school-based services and home and community based services. Illinois showed a modest increase in applicable ...
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68 Asset Forfeiture Policy Manual (2021) - Department of Justice
https://www.justice.gov/criminal-afmls/file/839521/download
trustees, tenants with a right of first refusal and referees. ... as any lien or mortgage per diem rates and payoffs or spousal ownership interests.
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69 Frolik & Kaplan: "Elder Law in a Nutshell" (6th Edition!)
https://lawprofessors.typepad.com/elder_law/2014/05/frolik-kaplan-6th-edition-of-elder-law-in-a-nutshell.html
... and butter of many elder law specialists, i.e., Medicaid Planning. ... allow modest half-a-loaf gifting, or recognize spousal refusal.
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70 What is Spousal Refusal? - Lamson & Cutner, P.C.
https://www.cutner.com/about/what-is-spousal-refusal/
However, Medicaid retains the right to make a claim for reimbursement from the refusing spouse or their estate. If such a claim is made, the ...
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71 MEDICAID PLANNING BASICS
https://www.cvls.org/wp-content/uploads/2020/05/Medicaid.pdf
Only residents of Illinois are eligible for Illinois Medicaid. ◇ Voluntarily living in Illinois ... Income in the community spouse's name is not considered.
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72 Refusal of Medically Recommended Treatment During ...
https://www.acog.org/clinical/clinical-guidance/committee-opinion/articles/2016/06/refusal-of-medically-recommended-treatment-during-pregnancy
ABSTRACT: One of the most challenging scenarios in obstetric care occurs when a pregnant patient refuses recommended medical treatment that aims to support ...
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73 84ILBJ 22 Page 1 of 5 - VAELA
https://vaela.squarespace.com/s/Guide-to-Medicaid-Spousal-rules-1-z3tr.pdf
Illinois Bar Journal. January, 1996. Elder Law. *22 A GUIDE TO MEDICAID'S SPOUSAL IMPOVERISHMENT RULES. Robyn O'Neill. Lee Beneze.
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74 Spousal Refusal and Medicaid - Robin Burner Daleo - LinkedIn
https://www.linkedin.com/pulse/spousal-refusal-medicaid-robin-burner-daleo
Assuming a spousal refusal is signed the community spouse can maintain significantly more assets in his or her name without affecting the ...
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75 Poindexter V. State of Illinois - Page 18 - Google Books Result
https://books.google.com/books?id=hdz7oJqd2ugC&pg=PA18&lpg=PA18&dq=illinois+medicaid+spousal+refusal&source=bl&ots=pCrSUGTfP1&sig=ACfU3U3ItSWCf7Iko6jXUGc_J0itKTzhQw&hl=en&sa=X&ved=2ahUKEwiBr8S2-dD7AhXAkWoFHWe0AMcQ6AF6BQibAhAD
The Rule of Spousal Refusal and Medicaid in Funding Long - Term Care , Andrew D. Wone , Vol . 14. , No. 2 The Elder Law Journal , 485 ( Univ . of Ill ...
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76 How Not to Go Broke at 102!: Achieving Everlasting Wealth
https://books.google.com/books?id=jV_LAgAAQBAJ&pg=PA183&lpg=PA183&dq=illinois+medicaid+spousal+refusal&source=bl&ots=DrLHkvD3E2&sig=ACfU3U05RXgXd2IYrCiapSZJtq7lfu9Z6A&hl=en&sa=X&ved=2ahUKEwiBr8S2-dD7AhXAkWoFHWe0AMcQ6AF6BQilAhAD
If Medicaid is your only alternative you must get specialized help. ... New York, Florida, and Illinois may be the only states where spousal refusal makes ...
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77 Massachusetts Elder Law - Google Books Result
https://books.google.com/books?id=2u7kDwAAQBAJ&pg=PT919&lpg=PT919&dq=illinois+medicaid+spousal+refusal&source=bl&ots=VvZeQFWjZm&sig=ACfU3U1m5KM4FpMer9JQg0ld1ibo3quAfw&hl=en&sa=X&ved=2ahUKEwiBr8S2-dD7AhXAkWoFHWe0AMcQ6AF6BQimAhAD
... while federal Medicaid law does not refer “expressly” to spousal refusal, ... The court cited similar determinations in Texas, Illinois, and Alabama, ...
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78 Laws of Virginia Related to Non-Depository Financial ...
https://books.google.com/books?id=LwMnDQAAQBAJ&pg=PT841&lpg=PT841&dq=illinois+medicaid+spousal+refusal&source=bl&ots=y0JQL5aP-R&sig=ACfU3U05110f1Iuxpf4L7HU-sIgpgdjHig&hl=en&sa=X&ved=2ahUKEwiBr8S2-dD7AhXAkWoFHWe0AMcQ6AF6BQiaAhAD
... while federal Medicaid law does not refer “expressly” to spousal refusal, ... The court cited similar determinations in Texas, Illinois, and Alabama, ...
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