The Law Offices of David R. Okrent - Elder Law, Estate Planning, and Business Succession
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The Law Offices of David R. Okrent - Elder Law, Estate Planning, and Business Succession

June 29, 2010 » Medicaid and Prepaid Funerals
Family Members Can Now be Included. As of June 8, 2010, a Medicaid applicant can now not only prepay a funeral for themselves, but also for "family members." Look for the full article in 50+ Lifestyle Magazine or see below.
» Full Article

June 17, 2010 » FHCDA Goes Into Effect June 1, 2010
We have linked to the New York State Office for the Aging Press Release regarding the Family Health Care Decision Act going into effect on June 1st, 2010. See my thoughts below as I urge New Yorkers to have a Health Care Proxy and a Living Will so you are in control of your own decisions even if you are incapacitated. Do not leave your well being in someone else's hands.
» NYS Office for the Aging Press Release

June 7, 2010 » Testimonial
We love hearing from our clients! We'd like to share this recent letter with you and we wish this family the best of luck in the future!
“… We could not have done it without you. The kindness, patience and concern you and your staff exhibited made this very difficult task much easier to bear…”
» Letter Here

March 23, 2010 » Family Health Care Decision Act
Governor David A. Paterson has recently announced the passage of the Family Health Care Decisions Act (FHCDA) which allows family members to make health care decisions, including those about the withholding or withdrawal of life-sustaining treatments on behalf of patients who no longer have the ability to make those decisions and who have not prepared advanced directives regarding their wishes. Okrent recommends that all New Yorkers have a Health Care Proxy, or a Living Will. “This way,” says Okrent, “the world is clear on your wishes and they are not controlled by some statute set up by the State of New York. A living will is an expression of what can, and cannot be done to the patient, and what a patient’s personal wishes are should the time come that they cannot make these decisions on their own.
» More Here
» Press Release from Governor Paterson here

March 16, 2010 » Long Island Business News
David was featured as a lawyer to watch in the March 12-18, 2010 issue. The article is featured above.
» Full Article

January 31, 2007 » Timothy's Law
Timothy's Law now mandates that in a calendar year, medical coverage must include at least 30 days of active inpatient care, and at least 20 days of active treatment in a facility operated by the State Office of Mental Health, a psychiatrist or psychologist licensed to practice in New York, or a university faculty practice corporation. Opponents argued that Timothy's Law would result in a rise in insurance premiums and place a burden on small businesses, but those with fewer than 50 employees will not have to pay for the additional coverage - the state will subsidize the cost.
» Full Article

December 15, 2006 » The Long Island Alzheimer's Foundation Honors Elder Law Attorney David R. Okrent as "LIAF" Angel
Elder Law Attorney David R. Okrent was honored by the Long Island Alzheimer’s Foundation (LIAF) at its 19th Remembrance Ball Nov. 3 at the Garden City Hotel. Okrent is a member of the Academy of Elder Law Attorneys and is chairman of the LIAF Legal Advisory Board. A longtime LIAF supporter, he is a well-known advocate for Long Island’s senior community.
» Full Article




Recent Articles

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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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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