Using Income, Gifting & Non-countable Purchase Strategies to Ensure Medicaid Eligibility

Ronald Fatoullah
Ronald Fatoullah | Meltzer, Lippe, Goldstein & Breitstone, LLP

Ronald Fatoullah Chairs the firm's Elder Law Practice Group and is a Partner in the firm's Trusts & Estates Practice Group.

On-Demand: August 16, 2024

2 hour CLE

Tuition: $195.00
Subscribe to Federal Bar Association CLE Pass...
Co-Sponsored by myLawCLE
Get this course, plus over 1,000+ of live webinars.
Learn More
Training 5 or more people?

Sign-up for a law firm subscription plan and each attorney in the firm receives free access to all CLE Programs

Program Summary

Managing eligibility for Chronic Care Medicaid can be overwhelming, but consulting an experienced Elder Law attorney can help an individual preserve assets and obtain necessary medical care, whether it be for nursing home or at-home care services.

Some states are “Medically Needy” (also called “Spend Down”) States, while others are “Categorically Needy” (also called “Income Cap”) States.

In “Spend Down” States, Medicaid applicants who are over the income limit can spend “excess” income on medical and care expenses. Once their income is “spent down” to the Medically Needy Income Limit, they are income-eligible for Medicaid for the rest of the spend down period.

This webinar will provide an overview of managing eligibility, minimizing transfer penalties, understanding income and exempt income and resources, gifting techniques and common gifting mistakes, and purchasing noncountable assets and using legitimate debts and pre-payments as tools to ensure positive results.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • Criteria for Nursing Home Care vs. Home Care Services
  • Planning and being prepared for the financial look-back review
  • Understanding exempt and countable income and resources
  • Solutions for surplus income and/or resources
  • Calculating transfer penalties, if applicable, and creating promissory notes (half-loaf strategy)
  • Preparing and planning for the well-spouse if applicable
  • Real-life examples for understanding

Closed-captioning available

Speakers

Ronald Fatoullah_FedBarRonald Fatoullah | Meltzer, Lippe, Goldstein & Breitstone, LLP

Ronald Fatoullah Chairs the firm’s Elder Law Practice Group and is a Partner in the firm’s Trusts & Estates Practice Group.

Prior to joining the firm, Ron was the founder and principal of Ronald Fatoullah & Associates for over 35 years. The firm was perennially recognized as one of New York’s top Elder Law and Estate Planning firms. Ron has been devoted to advising New Yorkers about the legal and financial challenges of aging. He is highly regarded for his contributions and expertise in estate planning and administration, Medicaid planning, special needs planning, wills and trusts, probate, guardianships, and estate and & guardianship litigation.

A certified elder law attorney, Ron Chaired the Executive Committee of the Elder Law Section of the New York State Bar Association’s financial planning and Investments committee; Chaired the Board of the Alzheimer’s Association’s Long Island Chapter for over 10 years; and served on the Executive Council of AARP New York.

He is a Fellow of the National Academy of Elder Law Attorneys, the highest honor bestowed by the organization. Ron lectures frequently on elder law, estate planning and aging; has appeared on numerous radio and television programs; and has been quoted in The New York Times, Newsday, The Wall Street Journal, the New York Law Journal, and Kiplinger’s. He has been honored by many organizations for his achievements and contributions to the senior community.

Agenda

I. Criteria for Nursing Home Care vs. Home Care Services | 11:00am – 11:15am

II. Planning and being prepared for the financial look-back review | 11:15am – 11:30am

III. Understanding exempt and countable income and resources | 11:30am – 11:45am

IV. Solutions for surplus income and/or resources | 11:45am – 12:00pm

Break | 12:00pm – 12:10pm

V. Calculating transfer penalties, if applicable, and creating promissory notes (half-loaf strategy) | 12:10pm – 12:30pm

VI. Preparing and planning for the well-spouse if applicable | 12:30pm – 12:50pm

VII. Real-life examples for understanding | 12:50pm – 1:10pm

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 General hours

Delaware

Pending CLE Approval
2 General

Florida

Reciprocity
2.5 General Hours

Receive CLE credit in Florida via reciprocity
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for Self-Study Credits
2 General

Indiana

Approved for Self-Study Credits
2 General

Kansas

Pending CLE Approval
2 General

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 General hours

Maryland

No MCLE Required
2 General hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 General hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for Self-Study Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Approved for Self-Study Credits
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Approved for Self-Study Credits
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “A”.
Ohio

Approved for Self-Study Credits
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Approved for CLE Credits
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 General hours

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General hours Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law and Legal Hours

For CLE course attendance credit, Washington state attorneys must self-apply to the Washington State Bar. myLawCLE will supply Washington state attorneys with the self-application package and instructions on how to gain credit.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Approved for CLE Credits
2 General

Wyoming

Pending CLE Approval
2 General

Preview
More CLE Webinars
Upcoming CLE Webinars
1031 Exchanges 101 (2025 Edition)
1031 Exchanges 101 (2025 Edition) Tue, April 29, 2025
On-Demand
Live Replay
AI and the Law: Tools, Risks, and Ethical Dilemmas
AI and the Law: Tools, Risks, and Ethical Dilemmas Wed, April 30, 2025
Live Webcast
The Use of Deepfake AI Evidence in Court
The Use of Deepfake AI Evidence in Court Wed, April 30, 2025
Live Webcast
IRS Offers-in-Compromise (2025 Edition)
IRS Offers-in-Compromise (2025 Edition) Wed, April 30, 2025
On-Demand
Live Replay
Ethics for Plaintiff Firms at Settlement
Ethics for Plaintiff Firms at Settlement Fri, May 9, 2025
Live Webcast
Alcohol Industry Legal Risks & Rules
Alcohol Industry Legal Risks & Rules Tue, May 13, 2025
Live Webcast