Crowing About David Shaltz
By Doug Chalgian on January 23, 2021
Proud this morning of my friend and colleague David Shaltz for his involvement in an important case out of Minnesota. David isn’t licensed there, but he was allowed...
COA Delivers Lump of Coal to Medicaid Planners
By Doug Chalgian on December 18, 2020
In the combined cases of Schroeder v DHHS and Almy v DHHS , the Michigan Court of Appeals’ imposes severe punishment on the use of probate court protective...
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.” ...
SBO Trust Part 2: Meaning Revealed
By Doug Chalgian on July 31, 2020
UPDATE: The start date for the policy discussed in this post was moved until at least March 1, 2021. Just a month ago I wrote about new...
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...
Medicaid Cases Won’t Close During Crisis
By Doug Chalgian on March 23, 2020
The Michigan Department of Health and Human Services has issued a directive that will preclude any Medicaid client from being involuntarily cut off from benefits for any reason...
PACE Adopts Divestment Rules
By Doug Chalgian on March 17, 2020
SECOND UPDATE: In April 2021, the implementation of the divestment rules to PACE was tabled indefinitely. UPDATE: Due to COVID, implementation of divestment rules to PACE has...
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...
New Medicaid Case Revisits Spousal Income Diversion
By Doug Chalgian on June 21, 2019
A newly released unpublished opinion of the Court of Appeals looks again at the authority of the probate court to issue a protective order in the context of...
Cautious Optimism Greets MSC Decision on SBO Trusts
By Doug Chalgian on May 10, 2019
The SBO Trust is back – or is it? Yesterday the Michigan Supreme Court released its long awaited decision in the case of Hegadorn v The Department of...
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About The Author: Doug ChalgianI 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. |