When someone applies for Medicaid (i.e. Medical Assistance in Maryland) a certain amount of assets are automatically protected for the community spouse. Each year this amount that can be protected increases. For the first time since 1989, there will be no increase for the community spouse for 2010.

For the first time since 1989, when a law was enacted protecting the spouses of institutionalized Medicaid recipients from impoverishment, the federal Centers for Medicare and Medicaid Services is not raising its guidelines for how much money the husbands or wives of institutionalized Medicaid recipients may keep. With no increase in the consumer price index on which these figures are based, the resource and income guidelines that prevailed in 2009 will apply in 2010 as well. This follows the announcement by Social Security Administration that there would be no cost of living increase in Social Security benefits.

The Elder Law Office of Adam J. Roa can help Individuals seeking Medicaid Long Term Care services specially if you do have a good idea bout the medical, and financial eligibility requirements. The technical criteria includes proof of US citizenship, Maryland residency, and suffering from a defined disability (i.e. if you are over the age of 65 you are deemed disabled in the eyes of Medicaid). At Adam J Roa Elder Law Firm we specialize in all this type of matters and can provide with the assistance you need in Maryland.

In 2009 and 2010, the spouse of a Medicaid recipient living in a nursing home (called the “community spouse”) can keep as much as $109,560 without jeopardizing the Medicaid eligibility of the spouse who is receiving long-term care. Called the “community spouse resource allowance,” this is the most that a state may allow a community spouse to retain without a hearing or a court order. While some states set a lower maximum, the least that a state may allow a community spouse to retain in 2009 and 2010 is $21,912.

Meanwhile, the maximum monthly maintenance needs allowance for 2009 and 2010 is $2,739. This is the most in monthly income that a community spouse is allowed to have if her own income is not enough to live on and she must take some or all of the institutionalized spouse’s income. The minimum monthly maintenance needs allowance of $1,821.25 took effect July 1, 2009, and will not change until July 1, 2010. In determining how much income a particular community spouse is allowed to retain, states must abide by this upper and lower range. Bear in mind that these figures apply only if the community spouse needs to take income from the institutionalized spouse. According to Medicaid law, the community spouse may keep all her own income, even if it exceeds the maximum monthly maintenance needs allowance.

Source: www.Elderlawanswers.com

The Law Offices of Adam J. Roa, P.C., provides services focused only on Elder Law. We cover the entire range of elder law services for your family members, including Nursing Home Issues, Adult Guardianship, Probate and Estate Planning Services We take pride in handing difficult contested cases that affect the well-being of your dearest family members or protect their intentions.)

Contact us:

401 Washington Ave., Suite 803
Towson, MD 21204

Email:Towson @ AdamJRoa .com
Phone: 410-296-8166 Ext: 292 ]]> http://www.adamjroa.com/about-our-firm/newsletter-and-media.htm/feed 0 http://www.adamjroa.com/about-our-firm/newsletter-and-media.htm http://www.adamjroa.com/about-our-firm/newsletter-and-media.htm#comments Tue, 22 Dec 2009 13:32:03 +0000 admin http://www.adamjroa.com/?p=302 Newsletters Archives December 16, 2009 The Effects of Health Care Reform on Long-Term Care
www.AdamJRoa.com

Most of the discussion about health reform has centered around issues like the “public option” and abortion restrictions. But buried in both the House and Senate reform bills are important provisions that would make long-term care more affordable, help the elderly and disabled remain at home rather than move to a nursing home, and make nursing homes safer for those who have no choice.

Ending Medicaid’s Institutional Bias

The Senate bill contains a number of provisions aimed at ending Medicaid’s “institutional bias,” which forces elderly and disabled individuals in many states to move to nursing homes because Medicaid won’t pay for care that could be provided at home and in the community, often at much less cost.

For starters, the Senate bill includes the Community First Choice Option, which would give states more federal Medicaid money if they set up community services and supports for Medicaid recipients who otherwise would require nursing home care. (The House bill includes a statement of support for the Community First Choice Option.)

The Senate bill also would give increased Medicaid funding to states that can divert more Medicaid recipients from nursing homes and other institutions to home and community based care. And the bill extends for another five years an important demonstration project in 31 states called Money Follows the Person. If you are looking for an Elder Law Firm to represent you or somebody in your family, we can assist you to understand this new bill more in details. Please call us at 410-296-8166 Ext:292

This program encourages states to transition Medicaid recipients from institutions to the community, where they will continue to receive Medicaid coverage through new community services.

The Senate proposal would give the spouses of Medicaid recipients who are receiving services at home or in their community the same financial protections that the spouses of nursing home residents currently enjoy. However, under the current measure spouses would not become eligible for these protections until 2014 and the protections would disappear in five years unless renewed by Congress.

Finally, a “Sense of the Senate” provision of the bill states that, “(1) during the 111th session of Congress, Congress should address long-term services and supports in a comprehensive way that guarantees elderly and disabled individuals the care they need; and (2) long term services and supports should be made available in the community in addition to in institutions.”

Nursing Home Protections

Both the House and Senate bills would help protect nursing home residents and other long-term care recipients from abuses, and give families of nursing home residents more information about the facilities their loved ones are living in or considering moving to.

Both bills would set up a nationwide program for national and state background checks of long-term care employees who have direct contact with patients. Both bills would also require nursing homes to publicly disclose all individuals and entities that own, govern, operate, finance, provide services to, or control them. In addition, information about nursing home staffing levels — including hours of care per resident day, turnover and retention rates, and facility expenditures for wages and benefits — would be added to Medicare’s Nursing Home Compare Web site.

To read the House-passed Affordable Health Care for America Act, click here.

To download a copy of the Senate’s Patient Protection and Affordable Care Act in PDF format, click here. (If you do not have the free PDF reader installed on your computer, download it here.

The Law Offices of Adam J. Roa, P.C., provides services focused only on Elder Law. We cover the entire range of elder law services for your family members, including Nursing Home Issues, Adult Guardianship, Probate and Estate Planning Services We take pride in handing difficult contested cases that affect the well-being of your dearest family members or protect their intentions.)

Contact us:

401 Washington Ave., Suite 803
Towson, MD 21204

Email:Towson @ AdamJRoa .com
Phone: 410-296-8166 Ext:292
Fax: 410-825-0670 ]]> http://www.adamjroa.com/about-our-firm/newsletter-and-media.htm/feed 0 http://www.adamjroa.com/probate-law/read-more.htm http://www.adamjroa.com/probate-law/read-more.htm#comments Thu, 15 Oct 2009 13:46:26 +0000 admin http://simply-logic.com/adamjroa/?p=126 Often two or more of these areas overlap for a single client. Consider the following example: An aging mother with two sons is in a nursing home and son “A” is eager to protect her assets. The mother appointed both of her sons as her power of attorney. It is alleged that the son “B” is stealing from his mother. The issues here range from power of attorney contests (i.e. an estate planning document), possible guardianship, to nursing home law issues (who can sign the nursing home contract, who has the say at the nursing home, etc.), and Medicaid.

Elder law attorneys are comfortable with managing the dynamics of all of these interrelated aspects to achieve the best possible outcome. An attorney who does not focus on elder law will have difficulty understanding the unique facets of the case. The consequences for using an inexperienced lawyer who does not understand elder law could be catastrophic.

The rules regarding Medicaid, Medicare, probate, estate planning, trusts, and guardianship change on a regular basis. Because our firm only handles elder law matters, we see how rapidly and profound the changes can be and can rapidly adjust. Make sure you get an attorney that only focuses on elder law ]]> http://www.adamjroa.com/probate-law/read-more.htm/feed 0 http://www.adamjroa.com/about-our-firm/contact-us-about-our-firm.htm http://www.adamjroa.com/about-our-firm/contact-us-about-our-firm.htm#comments Thu, 17 Sep 2009 08:09:15 +0000 admin http://simply-logic.com/adamjroa/?p=190

Maryland and DC Areas that we proudly provide our legal advise:
Baltimore, Baltimore County, Anne Arundel County, Annapolis, Baltimore County, Towson, Baltimore City, Baltimore City, Calvert County, Prince Frederick, Caroline County, Denton, Carroll County, Westminster, Frederick County, Charles Carroll of Carrollton, Cecil County, Elkton, Charles County, La Plata, Dorchester County, Cambridge, Dorchester, Frederick County , Frederick , Garrett County , Oakland Harford County, Bel Air , Howard County, Ellicott City, Kent County, Chestertown Montgomery County, Rockville ,Prince George’s County, Upper Marlboro, Queen Anne’s County, Centreville, Saint Mary’s County, Leonardtown, Somerset County Princess Anne, Talbot County, Easton, Washington County, Hagerstown, Wicomico County, Salisbury, Worcester County.

Washington DC Area Cities that we proudly serve:
Alexandria, Annandale, Annapolis, Arlington, Aspen Hill, Bethesda, Bowie, Burke, Centreville, Chantilly, Chillum, College Park, Dale City, Fort Washington, Gaithersburg, Glassmanor, Greenbelt, Leesburg, Manassas, McLean, Montgomery Village, Oakton, Olney, Potomac, Reston, Rockville, Silver Spring, Springfield, St. Charles, Sterling, Suitland, West Springfield, Woodbridge and throughout the District of Columbia, Virginia and Maryland.

Elder law attorneys are comfortable with managing the dynamics of all of these interrelated aspects to achieve the best possible outcome. An attorney who does not focus on elder law will have difficulty understanding the unique facets of the case. The consequences for using an inexperienced lawyer who does not understand elder law could be catastrophic.

The rules regarding Medicaid, Medicare, probate, estate planning, trusts, and guardianship change on a regular basis. Because our firm only handles elder law matters, we see how rapidly and profound the changes can be and can rapidly adjust. Make sure you get an attorney that only focuses on elder law ]]> http://www.adamjroa.com/about-our-firm/read-more-about-our-firm.htm/feed 0 http://www.adamjroa.com/about-our-firm/newsletter-and-media.htm http://www.adamjroa.com/about-our-firm/newsletter-and-media.htm#comments Mon, 14 Sep 2009 14:27:06 +0000 admin http://simply-logic.com/adamjroa/?p=157 http://www.adamjroa.com/about-our-firm/newsletter-and-media.htm/feed 0 http://www.adamjroa.com/about-our-firm/about-our-legal-team.htm http://www.adamjroa.com/about-our-firm/about-our-legal-team.htm#comments Mon, 14 Sep 2009 14:25:37 +0000 admin http://simply-logic.com/adamjroa/?p=155 Elder Law Offices in Maryland Our Process It all begins with a phone call (or e-mail). At that time we will send you a questionnaire
and set the first appointment. We ask that the questionnaire be returned prior to the appointment.
That way, we know a number of the issues before you come to our office and the meeting is much more
productive. We are willing to give you 30 minutes of free advice because we strongly believe
you will value our straightforward, thoughtful, and thorough approach. The Attorneys

Adam J. Roa, Esq. aroa @ adamjroa . com Practice Area Experience Mr. Roa is the managing attorney for The Law Offices of Adam J. Roa, P.C. Guest lecturer: “The Medicaid Process, Traps and Pitfalls”, “Maryland Guardianship Process.”

Jan Cardin, Esq.
jcardin @ adamjroa . com

Practice Area Experience

Mrs. Cardin is an associate attorney at The Law Offices
of Adam J. Roa, P.C.

Education

Syracuse University College of Law, J.D. 1989

Maxwell School of Citizenship, M.P.A 1989
Brandeis University, B.A. 1986 Authored: “Elder Care – Nursing Homes: Legal
documents that should be in place prior to entering
nursing homes”; “Powers of Attorney and Advanced
Directives: Problems and Power Areas; and “Estate
Planning and Elder Care: Protecting assets from
nursing home costs.” Additional Information
Admitted Bars:

The First 30-minute consultation is free. Call Now 410-296-8166 – ext 292

Maryland and DC Areas that we proudly provide our legal services:
Baltimore, Baltimore County, Anne Arundel County, Annapolis, Baltimore County, Towson, Baltimore City, Baltimore City, Calvert County, Prince Frederick, Caroline County, Denton, Carroll County, Westminster, Frederick County, Charles Carroll of Carrollton, Cecil County, Elkton, Charles County, La Plata, Dorchester County, Cambridge, Dorchester, Frederick County , Frederick , Garrett County , Oakland Harford County, Bel Air , Howard County, Ellicott City, Kent County, Chestertown Montgomery County, Rockville ,Prince George’s County, Upper Marlboro, Queen Anne’s County, Centreville, Saint Mary’s County, Leonardtown, Somerset County Princess Anne, Talbot County, Easton, Washington County, Hagerstown, Wicomico County, Salisbury, Worcester County.

Washington DC Area Cities that we proudly serve:
Alexandria, Annandale, Annapolis, Arlington, Aspen Hill, Bethesda, Bowie, Burke, Centreville, Chantilly, Chillum, College Park, Dale City, Fort Washington, Gaithersburg, Glassmanor, Greenbelt, Leesburg, Manassas, McLean, Montgomery Village, Oakton, Olney, Potomac, Reston, Rockville, Silver Spring, Springfield, St. Charles, Sterling, Suitland, West Springfield, Woodbridge and throughout the District of Columbia, Virginia and Maryland.

The Law Offices of Adam J. Roa, P.C., provides services focused only on Elder Law. We cover the entire range of elder law services for your family members, including Nursing Home Issues, Adult Guardianship, Probate and Estate Planning Services We take pride in handing difficult contested cases that affect the well-being of your dearest family members or protect their intentions.

In the area of Nursing Home Issues and nursing home law in Maryland, elder law attorneys pay close attention to cases involving the voluntary or involuntary transfer of a loved one into a nursing home. There are a variety of areas of nursing home law. We also specialize in asset protection, Medicaid eligibility in Maryland, nursing contract review, Medicaid appeals and review nursing home issues that are related to negligence. In the area of Adult Guardianship, we focus on elderly contested and uncontested cases that require a great deal of attention and knowledge of the interplay between existing legal documents, natural surrogacy rights, transfer from home issues, Medicaid issues, and the right or lack of right a parent has in making certain decisions. Adult guardianship cases are often very complex with many variables. It is critical that elder law attorneys in Maryland be engaged in adult guardianship because it is a complex and ever-changing area of law.

Our services for Elder Law also include the area of Probate law in Maryland For the unwary, there are many Probate Pitfalls when it comes to dealing with probate law. Probate refers to the legal process of transferring wealth from the deceased to designated beneficiaries. This includes proving the existence of a valid will, or if there is no will, determining who will receive the decedent’s property and what taxes might be owed on his or her estate. Please click here to find a detailed explanation of the basics of Probate, self-probating wills, as well as how long the probate process takes, what it costs and where it is typically handled. Our firm handles both contested and uncontested probate matters.

Another important area of Elder Law is Estate Planning. Estate planning is also closely related to asset protection planning. This area of elder law starts with establishing a relationship with someone who is given the right to handle the assets of another (Power of Attorney), make health decisions for another (health care agent designation), and make end of life decisions (living will). End of life decisions also involve the issue of the designation of beneficiaries and the appointment of someone to handle one’s assets after death. This may take the form of a last will and testament or trust as appropriate. Our office also handles litigation over estate planning documents. This involves the abuse of a power of attorney or health care agent powers, an institution or physician refusing to honor one’s living will, trustee removal and beneficiary issues. As our office challenges over estate planning documents, our process is geared towards making your estate planning documents free from problems.

The First 30-minute consultation is free. Call Now 410-296-8166 – ext 292

After our initial free consultation, we will provide a roadmap outlining the pertinent issues in your case and how we are going to work to resolve those issues. You will know what to expect every step of the way.

What is elder law? Elder Law is a relatively new and specialized field of law that deals with the issues faced by the fastest growing segment of the U.S. population, the elderly. This area of law combines elements of Nursing Home issues, Adult Guardianship, Probate, and Estate Planning.
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Maryland and DC Areas that we proudly provide our legal services:
Baltimore, Baltimore County, Anne Arundel County, Annapolis, Baltimore County, Towson, Baltimore City, Baltimore City, Calvert County, Prince Frederick, Caroline County, Denton, Carroll County, Westminster, Frederick County, Charles Carroll of Carrollton, Cecil County, Elkton, Charles County, La Plata, Dorchester County, Cambridge, Dorchester, Frederick County , Frederick , Garrett County , Oakland Harford County, Bel Air , Howard County, Ellicott City, Kent County, Chestertown Montgomery County, Rockville ,Prince George’s County, Upper Marlboro, Queen Anne’s County, Centreville, Saint Mary’s County, Leonardtown, Somerset County Princess Anne, Talbot County, Easton, Washington County, Hagerstown, Wicomico County, Salisbury, Worcester County.

Washington DC Area Cities that we proudly serve:
Alexandria, Annandale, Annapolis, Arlington, Aspen Hill, Bethesda, Bowie, Burke, Centreville, Chantilly, Chillum, College Park, Dale City, Fort Washington, Gaithersburg, Glassmanor, Greenbelt, Leesburg, Manassas, McLean, Montgomery Village, Oakton, Olney, Potomac, Reston, Rockville, Silver Spring, Springfield, St. Charles, Sterling, Suitland, West Springfield, Woodbridge and throughout the District of Columbia, Virginia and Maryland.