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Sterling and Tucker Newsletter
ELDER LAW NEWS
January 2006, Volume 16

UPDATE ON THE HAWAII MEDICAID SYSTEM - The Good and the Bad for 2006


With the start of 2006 comes an update on the Hawaii Medicaid System for 2006.

First the good news:
For a married couple’s financial qualification for Medicaid, there are increases in the amount of countable assets and the amount of monthly maintenance needs allowance for an at-home spouse when the other spouse qualifies medically for nursing home Medicaid.

As of January 1, 2006 the amount of countable assets that an at-home spouse can keep is increased from $95,100 to $99,540.

Exempt assets include the personal residence, automobiles, burial plots, bone fide burial plans, wedding and engagement rings, and life insurance with no cash value. Please note that this list is neither complete in detail nor comprehensive.

As of January 1, 2006 the monthly maintenance needs allowance for a community spouse is increased from $2,377.50 to $2,488.50. When the at-home spouse’s own income is less than this amount, the at-home spouse is allowed to keep enough of the nursing home spouse’s income to have income up to $2488.50. Certain deductions and adjustments apply.

If you are interested in a more detailed description about exempt and countable assets, and income for the at-home spouse, request a copy of our brochure “Qualifying for Financial Assistance for Long Term Care in Hawaii.” Please call Allen at 531-5391 ext. 356, or see information at our website, www.hawaiielderlaw.com.

Now the bad news:
Major changes to the Medicaid system are coming. Major changes in the law that applies to Medicaid qualification are likely to be passed by the U. S. Congress by the time you receive this newsletter.

Our publishing schedule requires we have the newsletter ready about four weeks in advance of the mailing date you receive it. We designed this newsletter to provide you with valuable information, but not late breaking news. That said, as I write this article, the U.S. Senate and the U.S. House of Representatives have each passed a bill to make major changes in the rules for the Medicaid system. A meeting of a Conference Committee of the two chambers is scheduled for early December to work out a compromise bill. The vote on the House bill—which very aggressively cuts benefits for food stamps, college loans and grants, health care for the poor, as well as long term custodial care—passed by a vote of 217 to 215. The Senate bill does make significant changes in the Medicaid system, but is not as aggressive in its changes as the House bill. We expect to see the results of the Conference Committee in the coming weeks. Whatever the final bill looks like, it will not be good news for the poor, the disabled and for those facing large bills for long term care because a family member has the ill luck to suffer from Alzheimer’s or Parkinson’s rather than cancer or a heart attack.

I want to thank all of you who responded to the Alert that we sent out in November asking for you to contact Hawaii Congressional delegation to not enact the most harmful measures in the legislation for Medicaid “reform.” Hopefully, our actions will have an effect. The House bill passed by the narrowest of margins. In coming issues of this newsletter, we will provide an analysis of the legislation as the situation clarifies. Stay tuned.

By Judith Lee Sterling

 

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