Federal Court Grants Preliminary Injunction Continuing Medicaid Benefits in Decanting Case

A federal district court grants a Medicaid beneficiary\’s request for a preliminary injunction preventing the Connecticut Department of Social Services from treating two trusts established for the beneficiary by her deceased mother as countable resources before they were decanted into supplemental needs trusts.  Simonsen v. Bremby (D.Ct., No. 15-cv-1399, Dec. 23, 2015).

Juvenile Court Had Authority to Order State to Provide Services Beyond Beneficiary's 21st Birthday

Maryland’s highest court concludes that a juvenile court had the statutory authority to order the state to continue to provide full-time nursing services to a young adult with severe special needs beyond his 21st birthday until the adult guardianship and Medicaid systems could coordinate his ongoing care.  In re: Adoption / Guardianship of Dustin R. (Md., No. 24a15, Dec. 21, 2015).

Discretionary Supplemental Needs Trust Doesn't Pass Ohio's Medicaid Test

In a case argued by elder law attorney William J. Browning, an Ohio appeals court upholds the state\’s decision to count the assets in a fully discretionary supplemental needs trust against a Medicaid recipient because the trust contains language allowing the trustee to use funds for the beneficiary\’s health or welfare and the beneficiary did not obtain a declaratory judgment stating that the trust is an exempt resource.  Cook v. Ohio Department of Job & Family Services (Ohio. Ct. App.,10th, Nos. 14AP-852, 14AP-853, Nov. 19, 2015).

Does Medicaid Reimbursement Take Priority Over Other Expenses?

My daughter\’s first-party special needs trust was paying for several services that weren\’t covered by Medicaid.  I know that if my daughter dies, the state has the right to recover funds from my daughter\’s trust for Medicaid services that it provided.  If there are outstanding bills from other service providers when my daughter passes away, can I pay those bills before paying back the state?

Remote Meetings Available