BWS elder law attorneys Janet Pecquet and Ashley Shannon Burke recently obtained a favorable judgment from the Hamilton County Court of Common Pleas on a Medicaid annuity issue. Annuities are a popular planning technique for individuals going into nursing facilities. Essentially, the healthy spouse purchases an income stream by buying an irrevocable, immediately payable annuity with “spend down” funds, and the spouse in the nursing home is approved for Medicaid. Even though this is permitted under federal law, the Ohio Department of Medicaid treats this purchase as a gift and imposes penalties, denying payment to the nursing facility. The Hamilton County Common Pleas Court agreed with the Hamilton County and Franklin County Courts of Appeal and the U.S. Sixth Circuit Court of Appeals that the Medicaid Department violates federal law when it denies coverage in this situation, and ordered the Department to provide payment.
If you would like to talk to our elder law attorneys about long-term care planning or Medicaid, contact Janet Pecquet or Ashley Shannon Burke at 513-621-2100.