December 2018

What are the realities when nursing homes engage in relationships with nonlawyer Medicaid planners and things go wrong?   The following is a simplified example:   A nonlawyer’s Medicaid planning strategies have failed for a resident of the facility. Because of incompetent Medicaid planning efforts, the elderly resident is...

Uncollectable accounts receivable are debts that have no chance of being paid. When Medicaid planning by a nonlawyer fails for an elder resident, how will the nursing home be paid for services rendered?   Questions that need to be asked when nonlawyer Medicaid planning fails:   Are unpaid...

Commissioned-Based Medicaid Planning Fees Some nonlawyer Medicaid planners are compensated when they sell annuities. These individuals target seniors who exceed Medicaid eligibility limits. A senior purchases an annuity from the planner in order to fall within Medicaid asset limits, and the Medicaid planner takes a commission.   The...

When facilities or employees receive rewards for referring to nonlawyers, things take a turn for the worse. Under Florida law, “bribes, kickbacks, and certain solicitations are prohibited.” The nursing home that engages in such activity may be subject to civil liability or even criminal penalties.   But...