It’s important that you understand the probate process and the options available to you. A free initial consultation with one of our probate attorneys will go a long way towards giving you the direction and peace-of-mind you need.
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What can I expect from the medicaid planning process?
With The Hale Law Firm, you can expect our team of elder law attorneys, social workers and case developers to help you make the difficult transition to skilled nursing home care. From assistance in selecting the right nursing home to guiding families through the legal labyrinth of Medicaid, we help our clients and their caregivers find affordable quality care while routinely protecting 60 to 100 percent of our clients’ assets, including their homes and businesses. Click through the steps below to take our Medicaid planning tour.
But I was told we have too much to qualify for Medicaid?
In order to deliver consistent results for the over 300 new Medicaid clients we represent each year, we use a systematic process for analyzing and solving problems. But for our Medicaid planning to work, you have to first be willing to set aside your assumptions. Most families approach long-term care and Medicaid with fear and rumor as their guide. For our Medicaid planning to work, you have to be willing to accept the fact that we can help. We give you an opportunity to see for yourself before you commit to the process by offering a free initial consultation.
What do I need to do in advance of my free case review?
If you couple your will to plan with the will to prepare, then we will meet the expectations we set in your free consultation. Accurate and timely information is key in all types of planning, but rarely will you be asked to prepare for a meeting of such importance. When you call to schedule a meeting to discuss your case, one of our friendly Medicaid case developers will provide you with a list of requested documents to bring to your appointment. A case developer will also collect basic family, medical and financial information before the meeting so we are prepared.
If I prepare for the meeting, will it be worth the effort?
Our goal for the initial consultation is to set forth a clear path to quality care, Medicaid eligibility and asset protection. Every case is unique and the methods of achieving Medicaid eligibility are a matter of personal preference. In most situations, we have two or three Medicaid planning strategies that make sense under the circumstances. Regardless of whether or not you choose to engage our services, we want to be a blessing to you in your time of need. Therefore, we will openly share our ideas and recommendations. We will show you a way.
How do we implement the Medicaid plan?
Our ideas are not unique – they are tried, tested and within the boundaries of the law. However, every Medicaid plan is unique in that it is a compilation of ideas with varying methods of implementation to manage risk, family relationships, and the ultimate success of the plan itself. Having represented over 1,000 nursing home Medicaid applicants in Texas, we have the foresight, methods and quality control to confidently implement the plans we recommend. We pursue a simultaneous three-pronged approach to implementing your Medicaid plan.
How do we implement the Medicaid plan: Part one
With the first prong, our licensed social workers, also known as Elder Care Coordinators, will be working with you and the nursing facility in making sure that your loved one is properly placed in a Medicaid certified bed and that our application for Medicaid assistance will be supported by evidence of medical necessity.
How do we implement the Medicaid plan: Part two
Our Medicaid Case Developers work the second prong of our plan implementation assisting clients in collecting the documents critical to establishing and verifying eligibility for Medicaid services. The Texas Department of Health and Human Services Commission (“HHSC”) will deny an application for assistance if they do not receive verifying documentation in a timely manner.
How do we implement the Medicaid plan: Part three
The third prong of implementation rests with our Elder Law Attorneys who are preparing the Medicaid application and needed legal documents. During this process, our attorneys focus to achieve three important goals: (1) do as little harm to the client’s financial and estate plan as possible; (2) prepare an application fully supporting our request for Medicaid assistance; and (3) protect our client’s assets against nursing home spenddown and the Medicaid Estate Recovery Program (“MERP”).
What if my Medicaid application is denied?
Medicaid caseworkers, their supervisors, HHSC regional attorneys, and fair hearings officers make mistakes. Our Medicaid plans and applications are prepared with explanatory legal analysis to lead caseworkers to the correct conclusions. However, when challenged, our elder law attorneys appeal adverse case actions and are ready to argue the matter before a fair hearings officer, often against a HHSC regional attorney. If we are unsuccessful at the fair hearing, we will appeal and file a brief for administrative review.
Once the Medicaid application is approved, are we done?
No Medicaid plan is complete without a final review of the client’s case. To the extent possible, we work to make sure that the Texas Medicaid Estate Recovery Program (“MERP”) will be unsuccessful in asserting a claim for repayment following our client’s death. This often involves the preparation of lady bird deeds, revocable living trusts for motor vehicles, updated last wills for spouses, marital property agreements, powers of attorneys, and assistance in asset transfers. We provide our clients guidance to help insure continued Medicaid eligibility.
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