The Law Offices of David R. Okrent - Elder Law, Estate Planning, and Business Succession
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November 2010 » Compensating Caregivers
In November 2009, the National Alliance for Caregiving, an independent nonprofit coalition based in Bethesda, Md., conducted a study of caregiving in the U.S. The survey, conducted in collaboration with AARP and funded by the MetLife Foundation, found that the number of Americans who look after a disabled person age 50 or older had jumped 28% since 2004 to 43.5 million. » Full Article

November 2010 » Billing to keep the peace and get paid
When Sandra M. Radna bills a client, she doesn’t skimp on details. Instead of merely listing “wrote letter,” she will mention who the letter was to and what it was regarding. “This way, clients will know exactly what they’re getting charged for,” said Radna, a partner in the Northport-based law firm Radna & Androsiglio, whose practice includes personal injury and matrimonial law. » Full Article

August 2010 » State Law Closes Medicaid Funeral Loophole
When someone passes away, there are many questions left unanswered, none more important than who will arrange the funeral and be held responsible for the ever increasing expenses. Since 1997, however, more and more individuals have been prepaying for their own funerals - removing a huge burden from their loved ones after they are deceased. » Full Article

September 2010 » Financial Planning for Special Needs Kids
The parents of children with no learning or developmental disabilities usually try to save for their college educations, and maybe, if they have the money, their weddings and down payments on first homes. When children have a learning or developmental disability such as autism, the saving situation is much different and the government plays a much bigger role, said Vic LaPoma, a financial planner at the Center for Wealth Preservation in Syosset. » Full Article

December 2007 » Keeping your income while under Medicaid: "Pooled Income Trusts"
Medicaid allows a single person living in the community to keep $720 a month of gross income and a married couple $920 a month. More income can be kept if it is used to pay for certain items i.e, medical expense, medical insurance, or of it is contributed to certain types of Trusts, one of which is the Pooled Income Trust. » Full Article

December 2006 » Eliminating Medicaid "Income Spend Downs"
Medicaid requires that persons requesting Community or Home Care Medicaid assistance "spend down" any income above the Medicaid levels. In 2006, this level is $692 for singles, $900 for couples, plus a $20 income disregard. After Medicare Part B and other health insurance premiums are paid from gross income, any amounts above this level are considered excess income and are part of the "spend down."» Full Article (PDF 324 KB)

September 2006 » Changes to Medicaid: A New Frontier
On July 20, New York’s Department of Health issued an Administrative Directive notifying social services districts of the eligibility changes under the Deficit Reduction Act of 2005. The Act significantly changed Medicaid rules, having an unfortunate impact on individuals and families seeking to apply for Medicaid. » Full Article

June 2006 » The Reality of Spousal Refusal
Gubernatorial Candidate and Nassau County Executive Thomas Suozzi scored a bit of press when announcing that the county successfully sued persons who had assets over a million dollars, but used “spousal refusal” so that their spouse would qualify for Medicaid to avoid nursing home costs that can exceed $10,000 per month on Long Island. » Full Article

April 2006 » Medicaid Changes Require Planning
On February 1st, Congress passed draconian Medicaid cuts, as part of the 2005 Budget Reconciliation Act, designed to cut the federal budget deficit by $39.7 billion. The changes to Medicaid eligibility, which went into effect on February 8th, will have a significant impact on Long Island’s aging population. » Full Article

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Huntington, N.Y. 11747


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Eliminating Medicaid "Income Spend Downs"
December 2006

Changes to Medicaid
September 2006

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David R. Okrent

Q. I've seen spousal refusal mentioned, but what is it?
A. In 1998 a law was passed that authorized a community spouse to refuse to have his other assets used in the computation of the institutionalized spouse’s Medicaid eligibility. Known as “spousal refusal,” this option helps to prevent spouses from becoming impoverished when their loved ones are faced with such need.

The Law Offices of David R. Okrent
The Law Offices of David R. Okrent

Main Office: 33 Walt Whitman Road
Whitman Atrium, Suite 137, Dix Hills, N.Y. 11746
Phone: 631.427.4600  Fax: 631.423.0476

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