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August 24, 2010
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How Medicaid Asset Protection Works



The Medicaid Asset Protection feature is designed to provide you with added coverage through the Connecticut Medicaid program, if you continue to need long-term care after your Partnership policy has paid all its benefits. It is a feature that is provided by the State of Connecticut (not the insurance companies) and is offered at no additional cost to Partnership policyholders. Medicaid Asset Protection is a lasting promise from the State of Connecticut. State law guarantees that if the Medicaid program is changed or is replaced by another program, the State of Connecticut will still provide asset protection to Partnership policyholders. In addition, the State of Connecticut cannot recover assets protected by a Partnership policy from a person's estate. Here's how it works.

You design your Partnership long-term care insurance policy according to your needs and ability to pay. You pay the insurance premiums, generally until you need the care. Once you need long-term care and you meet the benefit eligibility criteria (also known as the insured event) and deductible (elimination period) for the policy, the company will pay benefits based on the terms you selected. (By law, your premiums are waived no later than 90 days after receiving benefits.) The company will continue to pay benefits as long as you need long-term care until all obligations of the policy, usually measured in number of years or a predetermined dollar amount, are met.

When you begin receiving benefits from your policy, the insurer will send you an Asset Protection Report on a quarterly basis. This report will show how much your policy has paid in benefits and how much Medicaid Asset Protection was earned that quarter and to date. Also, at your request, or when your benefits are fully paid out, the insurer will send you a Service Summary Report that gives you an up-to-date accounting of your Asset Protection.

If you continue to need long-term care after your Partnership policy fulfills the terms of your contract, you may apply to the Connecticut Department of Social Services for Medicaid assistance. When determining your eligibility for Medicaid, the Department of Social Services will disregard (not count) any assets you have up to the amount the Partnership insurance policy has paid in benefits. The assets you are able to keep as a result of your Partnership policy are above and beyond all the regular allowances under the Medicaid program. You must still follow the other Medicaid eligibility guidelines.

You may have to spend some of your assets either for long-term care needs not covered by your insurance policy or for other financial obligations that may arise. If you deplete your assets to a level equal to what your insurance has paid, you could become eligible for Medicaid assistance before your insurance policy pays the full amount of benefits. The Asset Protection Report mentioned above will help you determine when the amount of Asset Protection earned equals the amount you have in assets. Keep in mind that it generally takes three months to process a Medicaid application.

Contact a Illinois Asset Protection lawyer today and get a free consultation!

 
Did You Know?    
 
 
Conservation Easement is a legal agreement
A Conservation Easement is a legal agreement reached voluntarily between a landowner and a land trust that protects water quality, wildlife habitat, scenic vistas, agricultural productivity and other conservation values permanently restricts the use of property by current and future landowners keeps property in private hands. Donating some or all of the development rights to a qualified, tax-exempt organization like the Washtenaw Land Trust, and meeting other specific conditions, allows a landowner to be eligible for certain tax benefits.

 


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News about Asset Protection cases in Illinois and nationwide:

SuperCom Announces New Technology for Active Tracking Solutions and Extends Homeland Security Offerings With
 February 14, 2006

SuperCom Announces New Technology for Active Tracking Solutions and Extends Homeland Security Off...
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The Pension Protection Act 2005
The Pension Protection Act (H.R. 2830) will fix outdated pension rules to help ensure employers properly and adequately fund their worker pension p...
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Act Of 1990 Act Places Specific Responsibility For Developing And Maintaining Effective Financial Systems
The Core Financial System Requirements document, first issued January 1988. This most recent update reflects changes in laws and regulations, such ...
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Asset Protection Lawyers.com Terms

 


Today's Terms

Revocable Trust

Definition:
In a living, or revocable trust, you name yourself as the grantor, the trustee, and the current beneficiary. You then transfer some or all of your assets to the trust. The terms of the trust require that the trust is to be used for your benefit during your life. After your death, the living trust continues for the benefit of your intended beneficiaries.

Spendthrift Trusts

Definition:
A spendthrift trust is created specifically to provide asset protection for the beneficiary. These trusts are written so that the beneficiary can receive the benefit of the trust, but have no right to demand benefits from the trust.

Trusts for Children

Definition:
You can set up a trust for your children, too. The terms of the trust can specify which of the children's expenses to pay and under what circumstances.

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Asset Protection Resources

 


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Asset Protection Hot Topics

 
Topics Related to Asset Protection:

  • Trusts
  • Wills
  • Uniform Probate Code
  • Gift Tax
  • Dynasty Trust
  • Annuities

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Illinois Asset-Protection Attorney

 
If you live in the following cities and need an Asset-Protection attorney you should contact our Asset-Protection Attorney as soon as possible:

  • Arlington Heights
  • Aurora
  • Bartlett
  • Berwyn
  • Bolingbrook
  • Buffalo Grove
  • Carol Stream
  • Chicago
  • Chicago Heights
  • Cicero
  • Des Plaines
  • Elgin
  • Glenview
  • Granite City
  • Harvey
  • Joliet
  • Lockport
  • Lombard
  • Mchenry
  • Moline
  • Mount Prospect
  • Normal
  • Oak Lawn
  • Palatine
  • Plainfield
  • Tinley Park
  • Waukegan
  • Wheaton


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