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...
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
The Michigan Department of Health and Human Services has announced that beginning July 1, 2020, Medicaid divestment rules will apply to PACE programs. PACE is the Program for...
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A newly released unpublished opinion of the Court of Appeals looks again at the authority of the probate court to issue a protective order in the context of...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...
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...
Puzzling New Medicaid Policy on Homestead Exemption to Take Effect
By Doug Chalgian on January 9, 2019
Heads Up: If Medicaid planning isn’t your bag, you may want to pass on this post. As of February 1, 2019, Bridges Eligibility Manual Item 400 (aka “BEM...
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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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. |