The Facts About Swine Flu and You - With a tremendous amount of media coverage surrounding the swine flu (H1N1) virus in the past few months and the arrival of the H1N1 vaccine, it has been difficult to decipher who is most at risk, how H1N1 differs from the seasonal flu, and what sort of impact H1N1 will have on the elderly.  Click here for more information in context so that you may be informed without the fear so prevalent in many H1N1 stories.

Medicaid Changes in the Deficit Reduction Act of 2005 – The Deficit Reduction Act of 2005 (DRA 05) became effective on February 8, 2006 and affects all planning completed after that date.  The lookback period for all transfers has been extended from three years to five years, and with each transfer, a period of ineligibility for nursing home vendor payment is established.  Under the new law, the period of ineligibility begins at the date of application for Medicaid benefits rather than at the time of the transfer of resources.  Federal changes to the availability of annuities, promissory notes, long term care insurance, and other planning options have made a significant impact on current Medicaid applications.  If anything, DRA 05 has made it more important for clients to plan at a healthy retirement age (65) so that the impact of their planning does not run afoul of a Medicaid application in their late 70’s.

Elderly and Disabled Medicaid Benefits Affected by State Budget Crisis - The recession has had a negative effect on tax revenues, and state tax revenues almost always decline during recessionary periods.  Unfortunately, over the past 15 years, our state leaders have not retained adequate reserves in the State's "rainy day" fund to handle even a mild recession.  Governor Strickland's decisions to cut back on services and benefits will likely impact a number of groups who rely upon state sponsored programs for their everyday needs.  Click here to learn more.

Beware of Annuity Sales - There are many circumstances where an immediate or deferred annuity is appropraite.  For those in very  high income tax brackets with ample savings, a deferred annuity offers the potential of deferring income on that investment until a later date when the individual's tax rate will likely be lower.  In other circumstances, an immediate annuity may be appropriate for purposes of shielding certain assets from a variety of sources; however, please remember that deferred annuities are not Certificates of Deposit and are not FDIC protected.  Read More

Are you Facing the Risk of Foreclosure? - Many individuals are currently facing the risk of foreclosure due to the decrease in home values and/or loss of income.  If you or someone you know may soon be in a position where you are unable to pay your monthly mortgage payments, the Homeowner Affordability and Stability Plan may be something you should consider.  Read More

Asset Protection - Many people have questions about whether their assets are protected due to the recent changes in the economy.  Learn More

Claiming Parents as Dependents - Recently, an article was published in the Columbus Dispatch about claiming a parent as a dependent on your income tax return.  Click here to read the full article.

Loss of Health Care insurance - During difficult economic times, mature workers are often the most vulnerable should their company cease operations or should they be laid off.  Either the lack of COBRA coverage (health care insurance previously offered by the employee) or the inability to afford COBRA coverage leaves that worker and his family in a position where a health care crisis may leave them paupers.  Read More

Medicaid Estate Recoveries - Ohio has been pursuing estate recoveries against probate and non-probate assets since July of 2005.  The State of Ohio has also employed collection lawyers through the Attorney General's office to pursue estate recoveries. Read More
 
Retirement Plans Threatened by Medicaid Policy - Retirement plans are now being attacked by recent shifts in Medicaid policy.  To find out more information on this topic as well as what options may be available to protect your retirement plans, click here.

Divorce as Option - When health care options are limited, some couples, even those who have been married for years, are turning to divorce as a solution. William J. Browning presents in a - NBC4 Special Report

Ohio McGivney Pooled Special Needs Trust
Effective 2005, our firm along with a statewide charity, created a Pooled Disability Trust to preserve the assets of disabled persons.  The Trust creates a “safe harbor” for persons on SSI, SSD, and/or Medicaid to be used for their supplemental needs.  The Trust observes strict investment rules, has a qualified Trustee, and provides for every situation, even for modest sums.  Any monies remaining after the death of the beneficiary are retained by the charity and will be used to provide income to the disabled population.  For more information about this Trust, please visit www.mcgivneytrust.com.

Aid and Attendance - Veteran's benefits can provide a financial boost to seniors who are incurring long term health care costs in addition to their everyday bills and expenses, however, these benefits are often overlooked.  Read More

Santa Maria Enterprise I, Inc. Pension Plan 
Effective December 1, 2004, retirement plans in Ohio for a married couple with a healthy spouse and an institutionalized spouse came under attack.  For those with great wealth, the change is insignificant; however, for the middle class and younger citizens, this is a major change.  It will impact the quality of life of the well spouse for the balance of his or her life.  One available option that can protect the well spouse is divorce; however, most believe that divorce for purposes of preserving retirement benefits is morally repugnant.  Our firm, in collaboration with Knights of Columbus, has prepared an alternative to divorce.  This plan is consistent with federal pension law and is intended to allow the well spouse, and in some cases the ill spouse, to preserve their retirement assets in a pension-type device.  For more information, please visit www.smepension.com.

New Ohio Budget & Its Impact on Estate Recovery- Ohio Aggressively Seizing Patient's Estates - June 30, 2005 "...If the husband requires nursing home care and is enrolled in the Medicaid program, while the residence is exempt for his wife, the State of Ohio will now place a lien against that residence...likewise a family farm or business..."

Pick: Health Care or Marriage - Couples face divorce for Medicaid benefits - The Plain Dealer Reports

New Retirement Regulation - Taft Pursues Private Retirement Plans To Reduce Medicaid Expenditure

Eye on Elder Issues  A monthly newsletter of issues that affect the elderly & those with special needs. Mr. Browning is a regular contributor to this publication which is published by the National Academy of Elder Law Attorneys.