Medicaid Spend Down on “Household Goods” to become more Difficult

By Doug Chalgian on September 5, 2020

The Michigan Department of Health and Human Services (DHHS) released new language for the Bridges Eligibility Manual yesterday, which includes a change to the definition of “Household Goods.” ...

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SBO Trust Part 2: Meaning Revealed

By Doug Chalgian on July 31, 2020

Just a month ago I wrote about new DHHS policy re the treatment of “solely for the benefit” trusts (aka, “SBO trusts") in Medicaid planning.  [See SBO Trusts...

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SBO Trusts Targeted Again

By Doug Chalgian on June 25, 2020

Yesterday, DHHS released a proposed policy which is summarized as follows: Effective October 1, 2020 all transfers by the applicant or the applicant's spouse to a trust established...

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PACE Adopts Divestment Rules

By Doug Chalgian on March 17, 2020

UPDATE:  Due to COVID, implementation of divestment rules to PACE has been moved back to April 2021.   The Michigan Department of Health and Human Services has announced...

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April Brings BEM Change on Promissory Notes

By Doug Chalgian on March 3, 2020

A "BEM Item" is a written rule used by the Michigan Department of Health and Human Services to determine eligibility for Medicaid benefits.   BEM Item 400 (aka "BEM...

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Proposed Policy Promises Problems for Planners

By Doug Chalgian on April 4, 2019

This is a post about Medicaid long term care planning. The topic is a proposed policy change related to the use of promissory notes in Medicaid planning.  If...

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Policy Tweaks Scare Medicaid Geeks

By Doug Chalgian on October 4, 2018

When it comes to Medicaid planning, truly the devil is in the details; and the “details” are found in the Michigan Department of Health and Human Services (MDHHS)...

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VA Program Adds Divestment Rules and More

By Doug Chalgian on September 18, 2018

The so-called “Aid and Attendance” pension has become an important source of income for older adults needing long term care services, and an important source of business for...

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Divestment Rules for Medicaid Waiver Clarified – Maybe

By Doug Chalgian on July 28, 2018

A policy bulletin has been issued by the Michigan Department of Health and Human Services which provides additional direction on when and how a divestment penalty period runs...

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An Inconvenient Obstacle to Community Based LTC

By Doug Chalgian on February 12, 2013

SummaryBecause asset protection strategies commonly used in the context of nursing home Medicaid are problematic in the context of MI Choice Waiver and PACE programs, a significant number...

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Doug Chalgian

About The Author: Doug Chalgian

I am an estate planning, probate litigating, elder law attorney. This is a blog for clients and professional colleagues. In it I offer my ideas about the state of the law and the practice of law. I believe we are living through a unique period during which the law (which is traditionally slow to change) and society are attempting to evolve to address the explosion of people living long lives. I find these developments fascinating and enjoy being involved in this evolution.