The Administrator of the Centers for Medicare & Medicaid Services (CMS) has found that the Texas Health and Human Service Commission (THHSC) is not properly calculating the post-eligiblity treatment of income (PETI) for institutionalized individuals and certain participants in home and community-based services (HCBS) waivers. If CMS’s finding is upheld, Texas will be required to […]
Filial Responsibility Laws and Long-Term Care
Known as “filial responsibility laws,” many states (more than half) have long-standing statutes in place that hold an adult child responsible for the financial support of an indigent parent. In most states, these statutes have been largely ignored, especially since the launch of the Medicaid and Medicare programs in the 1960s. However, as the senior […]
Facilities Turn to Filial Responsibility Statutes
As the populations of long-term care facilities grow at a rate faster than the average long-term care resident’s ability to pay for the care they receive, facilities are taking a huge hit to their bottom line. This has forced some long-term care facilities to close their doors after operating at a loss, which can be […]
Alabama Adopts the Uniform Voidable Transactions Act
In 2018, Alabama joined approximately 17 other states in adopting the Uniform Voidable Transactions Act (“UVTA”) in place of the Uniform Fraudulent Transfer Act (“UFTA”). The UVTA applies to any transactions occurring on or after January 1, 2019, while the UFTA will apply to any transactions before that date. The UVTA brings a few notable […]
Resident’s Rights on the Verge of Major Breakthrough in Texas
Health Beat, Medicaid, State Specific, Texas
A Texas resident’s right to deduct incurred medical expenses is on the verge of a major breakthrough in Texas. For years, the Texas Health and Human Services Commission (“THHSC”) has failed to recognize well-settled Federal law regarding a resident’s right to apply their patient liability toward uncovered medical expenses incurred prior to qualifying for Medicaid […]
