Unit 7 Assignment - Completed

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The Battle Between Medicaid and Private Care Insurance Angela Campbell Paralegal Certification, Post University Online LAW105: Estate Administration and Probate Practice Professor Salmon October 15, 2023
Explain the pros and cons of Medicaid planning for long-term care versus obtaining private long-term care insurance. In your response, discuss the process of spending down and address whether the practice is ethical. Remember, there is a difference between ethical and legal, so just because it may be legal, is it also ethical? Long-term care insurance usually covers all or part of nursing home care, home healthcare, and personal or adult day care for individuals aged 65 or older or with a chronic condition that needs constant care. It is private insurance available to anyone who can afford to pay for it and offers more flexibility and options than Medicaid. And because you pay for it there are no income and asset limits. However, there is usually a waiting period to verify eligibility. Most companies have a waiting or elimination period during which time benefits do not begin until a set number of days have passed after the start and use of qualifying long- term care services. It also can become expensive to have a long-term stay at a nursing facility with private long-term insurance. [1] Medicaid is a state-run program offering low-cost or free custodial and medical services to those with low incomes who qualify. Medicaid is for individuals living on a limited income, and many seniors use it to pay for long-term care in nursing homes. To qualify for Medicaid, individuals must meet financial requirements, based on income as determined by modified adjusted gross income (MAGI) as well as non-financial requirements. [2] For those who are above the threshold, the spend-down procedure may encourage people to consider gifting/selling assets to family members or friends so their hard-earned money could go to whom they want, rather than for long-term care expenses. Medicaid reviews all asset transfers within 5 years of your application. If they find suspect ones, you will be ineligible for Medicaid until 5 years after the transaction(s). [3] As a taxpayer, it is concerning that people position themselves to receive benefits from the government that they
shouldn’t qualify for. If everyone who had financial resources were to do this, Medicaid would collapse.
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References [1] Dennis R Hower, Wills, Trusts, And Estate Administration 505-507 (2021), https://ambassadored.vitalsource.com/books/9780357452301. [2] Dennis R Hower, Wills, Trusts, And Estate Administration 502-504 (2021), https://ambassadored.vitalsource.com/books/9780357452301. [3] Dennis R Hower, Wills, Trusts, And Estate Administration 503 (2021), https://ambassadored.vitalsource.com/books/9780357452301.