MO HealthNet - (formerly Medicaid)

MO HealthNet - (formerly Medicaid) - St. Louis Elder Law Attorneys

How to pay for nursing home care has become a critical issue in the lives of many people. Paying privately for a year's stay in a nursing home can easily run $50,000 or more. As a result, it does not take long to deplete all of one's savings. Medicaid can provide significant assistance to those needing help in funding the cost of nursing home care. This is a complex area of the law and should only be handled by an attorney who knows the Medicaid rules and regulations.

The attorneys at Martha C. Brown & Associates,LLC can answer questions and help with the following:

  • Financial planning (long term and short term options) to achieve basic eligibility requirements
  • Assistance with spend-down - what are allowable purchases
  • Division of assets for married couples –
  • When a married person applies for MO HealthNet, assets in either or both spouse’s name are considered by the MO HealthNet agency. However, some assets won't be “countable” and some may be dept as an asset allowance if a spouse enters a nursing home. The community spouse will be given several months to re-title assets from the name of the spouse and the nursing home into the name of the community spouse.
Rules designed to prevent spousal impoverishment - the law allows in certain cases, for one to o keep a portion of his/her spouse’s income if their income is below certain limits. In addition to this allowance, one may be entitled to a greater allowance if the cost of remaining in the home exceeds a certain amount or if a state hearing officer or a judge orders a greater amount.
  • Advice regarding transfer penalties - calculating and curing transfer penalties - changed from 3 to 5 years but there are planning strategies.
  • Use of Medicaid annuities as planning strategy

The Elder Law attorneys at Martha C. Brown & Associates can assist you with the protection of your assets by proper planning. What is Medicaid planning? Planning is reviewing and analyzing all financial data and developing a strategy to protect assets and achieve Medicaid benefit eligibility. This can be accomplished by different planning techniques. The rule changed in 2006 with the passage of the new federal MO HealthNet laws regarding “gifting” from 3 years to 5 years. However, the disqualification isn't always 5 years long and sometimes there is no disqualification at all.

Contact this St. Louis Elder Law attorney to assist you in dealing with the constantly changing MO HealthNet Benefits (formerly Medicaid) laws.

Martha C. Brown & Associates, LLC assist clients with Estate Planning, Elder Law and Probate in St. Louis City, St. Louis County, St. Charles County, Jefferson County, Franklin County and the surrounding areas including Arnold, Ballwin, Barnhart, Bellefontaine Neighbors, Black Jack, Bonne Terre, Brentwood, Bridgeton, Cedar Hill, Chesterfield, Clayton, Crestwood, Creve Coeur, Crystal City, Des Peres, DeSoto, Ellisville, Farmington, Fenton, Festus, Ferguson, Florissant, Fredericktown, Frontenac, Hazelwood, Herculaneum, High Ridge, Hillsboro, House Springs, Imperial, Kirkwood, Ladue, Lake St. Louis, Manchester, Maplewood, Maryland Heights, Mehlville, Normandy, O'Fallon, Olivette, Pacific, Pevely, Richmond Heights, St. Ann, St. Charles, St. Clair, St. Peters, Ste. Genevieve, Sunset Hills, Town & Country, University City, Union, Valley Park, Washington, Webster Groves, Wentzville , Wildwood.

The information provided on this website is a public service and is not intended as legal advice. Such advice should be obtained from your personal attorney.