Generated by All in One SEO v4.9.3, this is an llms.txt file, used by LLMs to index the site. # The Hale Law Firm Dallas Estate Planning Attorney/Lawyer, Elder Law Waxahachie, TX ## Sitemaps - [XML Sitemap](https://www.thehalelawfirm.com/sitemap.xml): Contains all public & indexable URLs for this website. ## Posts - [Hale Law Blog](https://www.thehalelawfirm.com/news-articles/) - [Texas Scores Poorly in Nursing Home Care](https://www.thehalelawfirm.com/2013/10/texas-scores-poorly-in-nursing-home-care/) - Families for Better Care, a nonprofit group that advocates for better nursing home care, has released its first state-by-state nursing home report card, which ranks all 50 states and the District of Columbia according to quality of care. Unfortunately for Texas residents seeking nursing home care, the state ranked last in the report, with an - [Thieves and Scammers Target Elders](https://www.thehalelawfirm.com/2013/09/thieves-and-scammers-target-elders/) - An alarming number of scams and thefts target elders. One type of scam takes advantage of the public's confusion over changes in health insurance. Someone perpetrating this type of fraud may call a senior and say that new Medicare cards are being issued and they just need to verify some personal information. A similar trick - [Copper May Play a Role in Alzheimer's Disease](https://www.thehalelawfirm.com/2013/09/copper-may-play-a-role-in-alzheimers-disease/) - New research indicates that copper found in drinking water, foods and vitamin supplements may play a role in the buildup of proteins and inflammation of the brain that are associated with Alzheimer's disease. Copper is necessary for bone and tissue growth, hormone secretion and nerve conduction, but the new research from the University of Rochester - [Texas Seniors Funding Medicaid With Life Insurance Policies](https://www.thehalelawfirm.com/2013/07/texas-seniors-funding-medicaid-with-life-insurance-policies/) - The Texas legislature recently passed a bill which enables Texas residents to sell their life insurance policies to fund their Medicaid long-term care. Third-party companies typically buy the policies from seniors concerned about how to financially fund their long-term care needs in their later years and cash them in after the seniors die, keeping as - [Medical Care Access At Assisted Living Facilities Varies By State](https://www.thehalelawfirm.com/2013/06/medical-care-access-at-assisted-living-facilities-varies-by-state/) - The "graying" of the United States population – more adults are 65 or older than ever before – means that consumer expectations and needs are also changing to reflect the population shift. One of the places where services are not yet meeting the demand is state assisted living facility regulations. According to the chair of - [The Basics of Assisted-Living Facilities](https://www.thehalelawfirm.com/2013/05/the-basics-of-assisted-living-facilities/) - Many seniors are attracted to the conveniences and safety an assisted-living facility can offer. Assisted-living facilities became popular in the early 1980s, appealing to older individuals who wanted more support than they could afford to receive at home, while not yet needing the full services of a nursing facility. An assisted-living residence allows seniors to - [How To Best Fund and Support Growing Need for Quality Nursing Homes Still Being Examined](https://www.thehalelawfirm.com/2013/05/how-to-best-fund-and-support-growing-need-for-quality-nursing-homes-still-being-examined/) - The Texas Health Care Association (THCA) is carefully watching the Texas Legislature regarding Medicaid expansion. Regardless of how the legislature votes, the THCA is concerned about how to maintain access for seniors to quality nursing home care. Medicaid funding levels that adequately support seniors' nursing home care must be maintained, said President of THCA Steve - [Take the First Step in Taking Care of Aging Parents and Preserving Their Finances](https://www.thehalelawfirm.com/2011/12/taking-the-first-step-in-taking-care-of-aging-parents-and-preserving-their-finances/) - As baby boomers transition into retirement and their golden years, their adult children are becomingcaregivers and counted on to provide financial support. More than 32 percent of adult children helped out with $5,000 or more of their parents’ expenses in the last year, and more than 75 percent are concerned about the impact it could - [Individuals Need To Seek Legal Guidance on Long Term Care Plans Now That Government Eliminated Program](https://www.thehalelawfirm.com/2011/11/individuals-need-to-seek-legal-guidance-on-long-term-care-plans-now-that-government-eliminated-program/) - Federal officials recently stopped plans to implement the Community Living Assistance Services and Supports (CLASS) program. This government-run long-term care insurance model has been the subject of an intense evaluation by Health and Human Services (HHS) since the health care law passed in 2010. But after numerous studies and redesign plans, the CLASS program was - [Texas Leads Nation in Construction of Senior Housing](https://www.thehalelawfirm.com/2013/10/texas-leads-nation-in-construction-of-senior-housing/) - There are more senior housing units under construction in Texas than anywhere else in the country, according to a research report from Marcus & Millichap, a real estate investment services firm. There are currently more than 2,000 units of senior housing being built in Texas. Thirteen states, including Minnesota, Florida and Tennessee, have more than - [What You Can Do During Medicare Open Enrollment](https://www.thehalelawfirm.com/2013/11/what-you-can-do-during-medicare-open-enrollment/) - Medicare open enrollment runs through December 7, and it is a good time for beneficiaries to make sure they are satisfied with their Medicare Part D prescription drug coverage. During open enrollment, people on Medicare can shop around for Part D plans and the optional Medicare Advantage plans. If a beneficiary's health or prescriptions for - [Elderly Phone Scam Resurfaces Across Nation, Adapts to Established Suspicions](https://www.thehalelawfirm.com/2014/04/elderly-phone-scam-resurfaces-across-nation-adapts-to-established-suspicions/) - Some publications call it the “Grandparent Scam.” The phone rings, and the frantic, young voice on the line asks its grandparents for help. Typically, the caller claims to be trapped in jail and desperately in need of bail money. The voice is ashamed and scared; it begs its grandparents to keep the bail and the - [Arbitration Clauses in Nursing Home Admissions Paperwork Lower Lawsuit Payouts](https://www.thehalelawfirm.com/2014/12/arbitration-clauses-in-nursing-home-admissions-paperwork-lower-lawsuit-payouts/) - When anyone checks in to a nursing home, he or she is invariably and firstly given a large pile of paperwork to sign. And understandably, the person charged with signing those papers may not read every single line on every single page. Hidden among the legalese is often an agreement to submit all disputes to - [Researchers Are Looking Closely At Green Tea Extract And New Experiences In The Battle of Alzheimer's Disease](https://www.thehalelawfirm.com/2013/04/researchers-are-looking-closely-at-green-tea-extract-and-new-experiences-in-the-battle-of-alzheimers-disease/) - Green tea extract may help battle the dreaded neurodegenerative disease. So might taking up new hobbies. Researchers in Michigan have discovered that green tea extract interferes with the formation of damaging plaques implicated in the development of Alzheimer's disease. The new study, out of the University of Michigan, seems to indicate that an extract from - [Baby Boomer Generation is Graying, Elder Abuse Cases On The Rise](https://www.thehalelawfirm.com/2013/02/baby-boomer-generation-is-graying-elder-abuse-cases-on-the-rise/) - Advocates for the elderly in New York are asking for an increased focus on elderly abuse. Jeanne Zieff is a social worker and elder abuse program coordinator for a nonprofit agency, the Community Agency for Senior Citizens, based on Staten Island. She and her coworkers are seeing their elderly clients struggle with relatives who have - [Your Hospital Admission Status Can Affect Your Medicare Benefits](https://www.thehalelawfirm.com/2013/02/your-hospital-admission-status-can-affect-your-medicare-benefits/) - While hospital patients may not be aware of the distinction between formal admission as an inpatient and mere “observation” as an outpatient, Medicare rules treat those two designations very differently, and that is causing problems for patients, doctors and hospitals. Medicare pays the entire bill for the first 20 days of care in a skilled - [Senior Care Services Are A Growing Market](https://www.thehalelawfirm.com/2013/01/senior-care-services-are-a-growing-market/) - Choosing the right senior care can be an emotionally-fraught decision process. As seniors age into their eighties and beyond, they may need resources that they had not planned for. While more than 80 percent of seniors report that they want to remain living in their own homes, that often is not possible. SitterCity, a Chicago-based - [First Steps: Early Financial Planning for Family Caregivers](https://www.thehalelawfirm.com/2013/01/first-steps-early-financial-planning-for-family-caregivers/) - According to The MetLife Study, "Caregiving Costs to Working Caregivers: Double Jeopardy for Baby Boomers Caring for Their Parents," there are so many adults in the U.S. workforce who must take time off work to provide care for their aging parents that the combined losses in wages, pension, and Social Security benefits tops $3 trillion - [Elder Care Costs Continue To Rise](https://www.thehalelawfirm.com/2012/12/elder-care-costs-continue-to-rise/) - The MetLife Mature Market Institute just published an annual survey of assisted living, nursing home, and other elder-care costs. Researchers surveyed elder care facilities throughout the U.S. on cost and levels of care between April and August of 2012 They survey found that average rates for long-term care throughout the U.S. continue to rise. The - [New Breakthroughs in The Fight Against Alzheimer’s Disease and Dementia](https://www.thehalelawfirm.com/2012/11/new-breakthroughs-in-the-fight-against-alzheimers-disease-and-dementia/) - A new home-based computer tool created by Georgia Tech researchers will allow adults to self-screen for early signs of dementia. The software was inspired by a commonly-used Clock Drawing Test, a paper-and-pencil screening tool used to test for cognitive impairment. ClockReader is one of the first technology tools to assess cognitive abilities which can be - [Diagnostic Errors In The ICU May Lead The Death](https://www.thehalelawfirm.com/2012/10/diagnostic-errors-in-the-icu-may-lead-the-death/) - According to a review by the Johns Hopkins University School of Medicine, more than 40,000 U.S. adults may be dying while in a hospital intensive care unit due to misdiagnosis of their illness by their attending medical team. The study was to determine if fatal misdiagnoses were more common in ICU than in the general - [The Basics of Estate Planning](https://www.thehalelawfirm.com/2012/10/the-basics-of-estate-planning/) - There are some standards elements of estate planning that you may want to consider before meeting with your estate law attorney. No matter the size of your estate, large or small, a basic estate plan, which may be as simple as a Will, is a good idea. By looking toward the future, you can ensure - [Changes to Estate Tax Law Expected By the End of this Year](https://www.thehalelawfirm.com/2012/09/changes-to-estate-tax-law-expected-by-the-end-of-this-year/) - eniors with estate planning needs have a limited time to take advantage of the current estate tax law options. Under the current estate tax law, certain options will disappear by December 31, 2012. The federal estate and gift tax system currently in place includes a number of options for gifting and transferring wealth without extreme - [BPA Banned from Baby Bottles and Sippy Cups But Still Used in Some Packaging](https://www.thehalelawfirm.com/2012/09/bpa-banned-from-baby-bottles-and-sippy-cups-but-still-used-in-some-packaging/) - This summer, the U.S. Food and Drug Administration banned the controversial chemical bisphenol A (BPA), though consumer concern had already prompted many companies to drop BPA from both food and beverage containers. BPA was a standard component in the plastics that made up baby bottles and sippy cups. Studies suggest that repeated exposure to BPA, - [Exploring the Options of Long-Term Care](https://www.thehalelawfirm.com/2012/09/exploring-the-options-of-long-term-care/) - Close to 70 percent of people over age 65 need some long-term care; therefore, looking ahead and preparing for the possibility of needing long-term care is prudent, as there is a high likelihood that you or a loved one will need some form of services. The need for long-term care hits all economic levels and - [Listeria from Pre-sliced Apples a Serious Concern, Says Personal Injury Attorney](https://www.thehalelawfirm.com/2012/09/listeria-from-pre-sliced-apples-a-serious-concern-says-personal-injury-attorney/) - recent voluntary recall of pre-sliced apples potentially tainted with listertia has raised the issue of food safety in the news again. The food in question is pre-sliced apples, distributed through grocery and fast food chains in 36 states, including Burger King, McDonald’s, Wawa and Wegman’s stores, and sold packaged with ‘‘Ready Pac’’ and ‘‘Safeway Farms’’ - [National Academy of Elder Law Attorneys Hold District Days](https://www.thehalelawfirm.com/2012/07/national-academy-of-elder-law-attorneys-hold-district-days/) - The National Academy of Elder Law Attorneys (NAELA) launched an awareness campaign in May to educate members of Congress about elder law issues. Their campaign is called District Days and it focuses on events in the home districts of Congressional members. NAELA members joined Representatives and Senators to discuss issues important to seniors such as - [Where to Turn When Life Outpaces the Body – Assisted Living vs. Skilled Nursing](https://www.thehalelawfirm.com/2011/09/assisted-living-vs-skilled-nursing/) - The miracle medical breakthroughs of the 20th century (I limit these breakthroughs to the 20th century since any breakthrough made in the current century is still pending approval by the FDA) have made living longer, healthier lives possible. It has also made living longer unhealthier lives possible. One-hundred years ago our minds would falter and - [Turning Molehills into Mountains - The Stretch IRA Trust](https://www.thehalelawfirm.com/2011/07/turning-molehills-into-mountains-the-stretch-ira-trust/) - BY JACOB A. HALE So you weren’t born a millionaire, huh? Neither was I, but my grand kids might be and so can yours. The IRS—yes, that IRS—has recently made it relatively simple to accomplish. I’m talking about the “Stretch IRA.” The term probably sounds familiar to you because it has been bandied about over - [Long-term Care: Keeping Your Life's Legacy Intact](https://www.thehalelawfirm.com/2011/06/long-term-care-keeping-your-lifes-legacy-intact/) - BY JACOB A. HALE How do you break down a life well spent? We spend our early years charging through bushes and mapping exotic creek beds near our backyards. As we grow older we winnow our list of potential careers from the more fashionable fields of shark wrangling and astronautics to lowly careers in lawyering - [The Only Field of Law Everyone Needs](https://www.thehalelawfirm.com/2011/05/the-only-field-of-law/) - BY JACOB A. HALE The handy thing about an estate planning practice is that it may be the only area of the law that applies to everyone. What I mean is, you can avoid criminal lawyers by staying on this side of the law; you can avoid family lawyers by staying married or staying single; ## Pages - [Landing](https://www.thehalelawfirm.com/) - Trust a Dallas estate planning and elder law lawyer from The Hale Law Firm. You can count on our experience. Waxahachie and Dallas offices. (972) 351-0000 - [What is a Qualified Income Trust (QIT)?](https://www.thehalelawfirm.com/faqs/what-is-a-qualified-income-trust-qit/) - What is a Qualified Income Trust (QIT)? A qualified income trust (QIT), also known as a Miller Trust, is an irrevocable trust specially designed to legally divert an individual or married couple’s income into a trust resulting in the income being excluded for purposes of determining eligibility for nursing home (“institutional”) Medicaid and §1915(c) home - [Terms of Use](https://www.thehalelawfirm.com/terms-of-use/) - Please review these Terms of Use for the Hale Law Firm, P.C. website carefully. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern The Hale Law Firm’s relationship with you in relation to this website. - [Privacy Policy](https://www.thehalelawfirm.com/privacy/) - Welcome to the privacy statement of The Hale Law Firm. This privacy policy (“policy”) describes how The Hale Law Firm collects, uses and shares the personal information that you may provide when using our services, when accessing and using our website, www.thehalelawfirm.com (“Website”), or which we obtain through other means. - [Our Attorneys](https://www.thehalelawfirm.com/attorneys/) - [Contact Reagan M. 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We will get in touch with you shortly. - [Probate and Estate Administration](https://www.thehalelawfirm.com/practice-areas/probate/) - Trust a Dallas probate lawyer from The Hale Law Firm. You can count on our experience. Waxahachie and Dallas offices. 1.972.351.0000 - [Probate in Texas](https://www.thehalelawfirm.com/probate-in-texas/) - What You Need to Know About Probate in Texas 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. - [Long-term Care Planning](https://www.thehalelawfirm.com/practice-areas/elder-law/long-term-care-planning/) - Trust a Dallas long term care lawyer and long term planning attorney from The Hale Law Firm. You can count on our experience. Waxahachie and Dallas offices. 1.972.351.0000 - [Elder Law](https://www.thehalelawfirm.com/practice-areas/elder-law/) - Trust a Dallas elder law lawyer and estate planning attorney from The Hale Law Firm. You can count on our experience. Waxahachie and Dallas offices. 1.972.351.0000 - [Marital Property Agreements](https://www.thehalelawfirm.com/practice-areas/wills-trusts-and-estate-planning/marital-property-agreements/) - Trust a Dallas prenuptial and postnuptial agreement lawyer from The Hale Law Firm. You can count on our experience. Waxahachie and Dallas offices. 1.972.351.0000 - [Wills, Trusts and Estate Planning](https://www.thehalelawfirm.com/practice-areas/wills-trusts-and-estate-planning/) - Trust a Dallas estate planning, wills and trusts lawyer from The Hale Law Firm. You can count on our experience. Waxahachie and Dallas offices. (972) 351-0000 - [Litigation](https://www.thehalelawfirm.com/practice-areas/litigation/) - Trust a Dallas litigation lawyer from The Hale Law Firm. You can count on our experience. Waxahachie and Dallas offices. 1.972.351.0000 - [General Counsel Services](https://www.thehalelawfirm.com/practice-areas/business-law/general-counsel-and-consulting-services/) - Trust a Dallas general counsel lawyer from The Hale Law Firm. You can count on our experience. Waxahachie and Dallas offices. 1.972.351.0000 - [Commercial Real Estate Leases](https://www.thehalelawfirm.com/practice-areas/business-law/commercial-real-estate-leases/) - Trust a Dallas commercial real estate lawyer from The Hale Law Firm. You can count on our experience. Waxahachie and Dallas offices. 1.972.351.0000 - [Business Purchase and Sale](https://www.thehalelawfirm.com/practice-areas/business-law/business-purchase-and-sale/) - Trust a Dallas business transaction lawyer from The Hale Law Firm. You can count on our experience. Waxahachie and Dallas offices. 1.972.351.0000 - [Entity Formation](https://www.thehalelawfirm.com/practice-areas/business-law/entity-formation/) - Trust a Dallas Incorporation Attorney from The Hale Law Firm. You can count on our experience. Waxahachie and Dallas offices. 1.972.351.0000 - [Business Formations and Transactions](https://www.thehalelawfirm.com/practice-areas/business-law/) - Trust a Dallas business lawyer from The Hale Law Firm. You can count on our experience. Waxahachie and Dallas offices. 1.972.351.0000 - [Trust Administration](https://www.thehalelawfirm.com/practice-areas/wealth-advisory-services/trust-administration/) - Trust a Dallas trust administration lawyer from The Hale Law Firm. You can count on our experience. Waxahachie and Dallas offices. 1.972.351.0000 - [Tax Planning](https://www.thehalelawfirm.com/practice-areas/wealth-advisory-services/tax-planning/) - Trust a Dallas tax planning lawyer from The Hale Law Firm. You can count on our experience. Waxahachie and Dallas offices. 1.972.351.0000 - [Asset Protection Planning](https://www.thehalelawfirm.com/practice-areas/wealth-advisory-services/asset-protection-planning/) - Trust a Dallas asset protection planning lawyer from The Hale Law Firm. You can count on our experience. Waxahachie and Dallas offices. 1.972.351.0000 - [Wealth Advisory Services](https://www.thehalelawfirm.com/practice-areas/wealth-advisory-services/) - Trust a Dallas wealth management lawyer from The Hale Law Firm. You can count on our experience. Waxahachie and Dallas offices. 1.972.351.0000 - [Guardianship](https://www.thehalelawfirm.com/practice-areas/elder-law/guardianship/) - Trust a Dallas guardianship lawyer from The Hale Law Firm. You can count on our experience. Waxahachie and Dallas offices. 1.972.351.0000 - [VA Aid and Attendance](https://www.thehalelawfirm.com/practice-areas/elder-law/va-aid-and-attendance/) - Trust a Dallas Veteran's Aid and Attendance Lawyer from The Hale Law Firm. You can count on our experience. Waxahachie and Dallas offices. 1.972.351.0000 - [Medicaid Planning](https://www.thehalelawfirm.com/practice-areas/elder-law/medicaid-planning/) - Trust a Dallas medicaid planning lawyer from The Hale Law Firm. You can count on our experience. Waxahachie and Dallas offices. 1.972.351.0000 - [Contact Lindsey C. Hughes](https://www.thehalelawfirm.com/contact-us/contact-lindsey-c-hughes/) - Telephone & Fax 1 (888) 425-3911 Toll free (214) 446-5081 Fax Email Lindsey - [Contact Jacob Hale](https://www.thehalelawfirm.com/contact-us/contact-jacob-hale/) - Telephone & Fax 1 (888) 425-3911 Toll free (214) 446-5081 Fax Email Jacob - [Contact John Hale](https://www.thehalelawfirm.com/contact-us/contact-john-hale/) - Telephone & Fax 1 (888) 425-3911 Toll free (214) 446-5081 Fax Email John - [Lady Bird Deed](https://www.thehalelawfirm.com/lady-bird-deed/) - Get more information about the Lady Bird Deed A Lady Bird Deed, also known as an Enhanced Life Estate Deed, is a legal document in which the grantor transfers property to his or her heirs while at the same time retaining a life estate with powers, including the right to sell the property. Texas is - [Map and Directions](https://www.thehalelawfirm.com/map-and-directions/) - Below is a map to our main office Meetings at all offices are by appointment only. Please call to schedule a consultation. Click on the icons for address and direction information. Main Office 417 W Main Street Waxahachie, TX 75165 Google Maps Dallas Office 4925 Greenville Ave #200 Dallas, TX 75206 Google Maps Fort Worth - [Practice Areas](https://www.thehalelawfirm.com/practice-areas/) - Practice Areas Elder Law Meeting the needs of our elderly clients is our highest priority. Elder law, while not a well-defined area of practice, is principally concerned with such issues as: Health and public benefit law (Long-Term Care Planning, Medicare, Medicaid, VA Aid and Attendance Benefits); Senior Housing Options; Estate planning; Retirement planning (Social Security, - [Our Story](https://www.thehalelawfirm.com/ourstory/) - Get to know more about us and our mission We got our start in elder care almost twenty years ago, when our grandfather began showing signs of Alzheimer’s Disease. It had a powerful impact on us. Growing up in a caregiver household provided us with a perspective many people would rather forget. We choose to - [Sitemap](https://www.thehalelawfirm.com/sitemap/) - [Senior Housing Options](https://www.thehalelawfirm.com/practice-areas/elder-law/senior-housing-options/) - Trust a Dallas elder law lawyer from The Hale Law Firm. You can count on our experience. Waxahachie and Dallas offices. 1.972.351.0000 - [What resources are excluded for purposes of determining Medicaid eligibility?](https://www.thehalelawfirm.com/faqs/what-resources-are-excluded-for-purposes-of-determining-medicaid-eligibility/) - What resources are excluded for purposes of determining Medicaid eligibility? The following is a cursory list of excluded resources in assessing a Medicaid applicant’s eligibility for Medicaid nursing home services: 1. Homestead residence. The applicant’s principal residence is an excluded resource provided the applicant intends to return home. It is not necessary for the Medicaid - [What is a Medicaid transfer penalty and how is the penalty calculated?](https://www.thehalelawfirm.com/faqs/what-is-a-medicaid-transfer-penalty-and-how-is-the-penalty-calculated/) - What is a Medicaid transfer penalty and how is the penalty calculated? HHSC imposes a transfer penalty for assets gifted or sold for less than fair market value within five years of applying for Medicaid nursing home services. When an exception to the transfer penalty does not apply, HHSC determines the fair market value of - [What if medical necessity is denied?](https://www.thehalelawfirm.com/faqs/what-if-medical-necessity-is-denied/) - What if medical necessity is denied? If TMHP determines that the person does not have medical necessity, TMHP will notify the attending physician and the nursing facility and provide them an opportunity to present additional medical information. If neither the attending physician nor the nursing facility physician responds or contests TMHP’s findings within 10 business - [What do Medicaid nursing home benefits cover?](https://www.thehalelawfirm.com/faqs/what-do-medicaid-nursing-home-benefits-cover/) - What do Medicaid nursing home benefits cover? There are approximately 42 Medicaid programs in Texas. It is important to understand that each program has its own eligibility criteria and benefits. If the Medicaid applicant in a Medicaid certified nursing home meets the functional and financial eligibility criteria, Medicaid will cover most of the medical and - [What are the basic eligibility requirements for long-term care Medicaid in Texas?](https://www.thehalelawfirm.com/faqs/what-are-the-basic-eligibility-requirements-for-long-term-care-medicaid-in-texas/) - What are the basic eligibility requirements for long-term care Medicaid in Texas? There are five basic requirements that must be satisfied in order to receive nursing home Medicaid services. The requirements are as follows: 1. Nationality and Residency. The Medicaid applicant must be either a U.S. citizen or an alien with qualified alien status. Additionally, - [What are some strategies to getting under the Medicaid resource limit?](https://www.thehalelawfirm.com/faqs/what-are-some-strategies-to-getting-under-the-medicaid-resource-limit/) - What are some strategies to getting under the Medicaid resource limit? It is possible to qualify people for nursing home Medicaid who have several hundred thousand dollars. Strategies often used include the following: Shifting Medicaid countable resources into excluded resources (i.e. acquiring assets or paying down debt on assets that are excluded for Medicaid eligibility - [I thought you could gift a certain amount each year without penalty?](https://www.thehalelawfirm.com/faqs/i-thought-you-could-gift-a-certain-amount-each-year-without-penalty/) - I thought you could gift a certain amount each year without penalty? It is important that you not confuse tax law with Medicaid law. While it is true that in 2014, you can gift $14,000 per person without being required to file a federal gift tax return (IRS Form 709), this rule has no bearing - [How much is the Medicaid copayment to the nursing home?](https://www.thehalelawfirm.com/faqs/how-much-is-the-medicaid-copayment-to-the-nursing-home/) - How much is the Medicaid copayment to the nursing home? The Medicaid program requires nursing home benefit recipients to share in the monthly cost of their care. This is called the Medicaid copayment or their applied income. In Texas, every nursing home Medicaid recipient is entitled to a personal needs allowance of $60 per month. - [How is the Medicaid applicant’s home protected against the Medicaid Estate Recovery Program (MERP)?](https://www.thehalelawfirm.com/faqs/how-is-the-medicaid-applicants-home-protected-against-the-medicaid-estate-recovery-program-merp/) - How is the Medicaid applicant’s home protected against the Medicaid Estate Recovery Program (MERP)? While there are various approaches to protecting the home and other real estate against a MERP claim, by far the most popular method is the Lady Bird Deed. For a detailed discussion explaining MERP and the Lady Bird Deed download a - [How is medical necessity determined for Medicaid nursing home care?](https://www.thehalelawfirm.com/faqs/how-is-medical-necessity-determined-for-medicaid-nursing-home-care/) - How is medical necessity determined for Medicaid nursing home care? The state Medicaid claims administrator, Texas Medicaid & Health Partnership (“TMHP”), is responsible for making medical necessity determinations for nursing home Medicaid. TMHP makes its determination by evaluating the person’s medical and nursing needs based on the minimum data set (“MDS”) assessment prepared by a - [Does Medicare cover nursing home care?](https://www.thehalelawfirm.com/faqs/does-medicare-cover-nursing-home-care/) - Does Medicare cover nursing home care? The Social Security Act provides Medicare coverage for necessary post-hospital extended care services for up to 100 days. Extended care services are defined as nursing care and rehabilitation therapy provided to a Medicare patient at a skilled nursing facility. In determining whether this significant, yet temporary, benefit is available, - [Can I gift or transfer assets for less than fair value and receive Medicaid nursing home benefits?](https://www.thehalelawfirm.com/faqs/can-i-gift-or-transfer-assets-for-less-than-fair-value-and-receive-medicaid-nursing-home-benefits/) - Can I gift or transfer assets for less than fair value and receive Medicaid nursing home benefits? It depends. Gifts made by the Medicaid applicant and/or spouse within 5 years (60 months) of applying for Medicaid in the nursing home will trigger a transfer penalty period unless an exception to the transfer penalty rules applies. - [Can a family member be paid for services provided to the Medicaid applicant?](https://www.thehalelawfirm.com/faqs/can-a-family-member-be-paid-for-services-provided-to-the-medicaid-applicant/) - Can a family member be paid for services provided to the Medicaid applicant? The transfer penalty rules apply for compensation paid to family members for services that would normally be provided by a family member. 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