Appointments Available: Monday-Friday 8:00am-5:00pm, Saturday By Appointment Only
Appointments Available: Monday-Friday 8:00am-5:00pm, Saturday By Appointment Only
Menu
Appointments Available: Monday-Friday 8:00am-5:00pm, Saturday By Appointment Only
Appointments Available: Monday-Friday 8:00am-5:00pm, Saturday By Appointment Only
Medicaid is a joint federal and state program that provides nursing home, and other healthcare coverage to individuals who meet certain financial criteria. It covers a broader range of services than Medicare, including long-term care services, and is based on financial need, whereas Medicare is primarily an age-based health insurance program.
Eligibility for Medicaid varies by state but generally includes elderly individuals, nursing home residents, low-income individuals, families, pregnant women, children, and people with disabilities.
Income and asset limits for Medicaid eligibility will first depend on the state in which application is made and for which Medicaid program application is sought. Also, it must be determined if the asset limit is for a spouse in a nursing home or for a spouse not going to a nursing home.
After the state and the Medicaid program are determined, the particular situation can be evaluated and options provided for Medicaid coverage. This may include certain types of transfers or spending on “exempt assets,” but often the greatest results will use certain trusts, strategic transfers (may look like gifts), and promissory notes, all allowed by law. Annuities are sometimes used, but other methods typically yield better results.
Yes, transferring assets (gifting) can be done to shorten the time to obtain Medicaid qualification. Any gifting that occurs, however, will incur a penalty period during which benefits are not paid. The length of the penalty period is based on the value of the gift. While this can be done, there are often better options.
The look-back period is typically five years preceding the Medicaid application. Any asset transfers made during this period may affect Medicaid eligibility and trigger penalty periods. However, the length of a penalty period will depend on the amount transferred as it is divided by a “penalty divisor”. Each state sets their own penalty divisor.
A Medicaid asset protection trust allows you to transfer assets into a trust while retaining some control and access to income. It can help protect assets from Medicaid eligibility requirements. Some believe this needs to be done at least five years before Medicaid application, but that is not always the case as there are exceptions. Also, you may only need to privately pay until the five years is attained. Whether privately paying makes sense depends on the amount of assets available, the monthly cost of care, and how close the applicant is to the five years.
Gifting assets before applying for Medicaid can result in penalty periods during which Medicaid benefits are not provided, potentially delaying coverage for long-term care services. There are exceptions set forth in the law to which a penalty period is not applied though.
Yes, the primary residence is typically an exempt asset for Medicaid eligibility purposes. However, there are limits on the home’s value that are set by the individual states. Families are not often told that even though the home is exempt from qualifying for Medicaid, it is not always exempt from paying back Medicaid. Collecting is part of the state’s estate recovery program. Other property, such as rentals or farmland, may also be exempt, but qualification for benefits may require other actions.
Yes, Medicaid may cover long-term care services in nursing homes and, in some cases, assisted living facilities, depending on the state’s policies. The assisted living benefit is often much less than that paid for the nursing home.
Medicaid planning for married couples may involve spousal impoverishment rules, which allow the spouse of a Medicaid recipient to retain a certain level of income and assets. There are minimum and maximum amounts of assets and of income the law sets for a community spouse to keep. This is determined during the resource assessment procedure. Often, it is mistakenly thought the community spouse retains one-half the assets, but this is not always the case. Depending on the total amount of countable assets and other factors, the community spouse may receive more than half, or much less than half the assets. The amounts and the method depend on the state.
A Medicaid spend-down usually is referring to assets, but may also refer to income, depending on the Medicaid program. Very basically, it involves using or spending amounts over the state’s limits. Such spending may be for exempt assets, medical or long-term care expenses, or even certain transfers, until they meet Medicaid eligibility thresholds for assets or income.
Yes, under spousal impoverishment rules, a portion of the spouse’s income and assets may be protected to ensure the community spouse has the means to support themselves. It is common for all or most of the assets to be kept with some planning. The income is more limited, but depending on the specifics of the assets and income, as well as the state, keeping a nursing home spouse’s income is definitely a possibility.
Inheritances received while on Medicaid may affect eligibility and may need to be spent down or managed carefully to maintain benefits. Depending on the specific situation, special needs trusts may be a way as not to require a spend down. Also, whether the Medicaid recipient is married will be one of other considerations.
Consulting with an experienced elder law attorney who focuses a large part on Medicaid planning can help you navigate complex rules and ensure you receive the maximum benefits available. Misinformation abounds, even by very well-intentioned social workers, but in reality, many federal and state laws, regulations, and cases have given experienced attorneys guidelines to help the most.
Alternatives to Medicaid for covering long-term care costs may include long-term care insurance, veterans’ benefits, and personal savings. If a nursing home resident has been a long-time member of an organization, such as the Masons, they may inquire if additional assistance is available through them.
Yes, having long-term care insurance does not disqualify you from applying for Medicaid, but it may affect the timing and coordination of benefits.
Yes, Medicaid may cover home-based care services, including home health aides, personal care attendants, and skilled nursing care. The timing and the amount of assistance will depend on the state’s policies.
The process for applying for Medicaid benefits involves completing the state’s application form, providing documentation of income, assets, and expenses, and undergoing a financial assessment by a state caseworker.
Common mistakes when applying for Medicaid include improper asset transfers, inadequate planning, and failure to seek professional guidance. Working with an experienced elder law attorney can help avoid these pitfalls and ensure a smooth application process. Literally, just a consultation may be all that’s needed to save a lot of aggravation and the family’s assets.
Medicaid is a joint federal and state program. It provides financial help for nursing home costs and other healthcare coverage. Medicaid covers a broader range of services than Medicare, including long-term care services. Medicaid participants must meet certain financial criteria and is based on financial need. Medicare is primarily an age-based health insurance program.
Eligibility for Medicaid varies by state. Generally, qualified participants include elderly individuals, nursing home residents, low-income individuals, families, pregnant women, children, and people with disabilities.
Income and asset limits for Medicaid eligibility depends on the state of application and the Medicaid program for which application is sought. Asset limitations also depends on the marriage status of a nursing home applicant.
Opportunities to preserve assets for Medicaid applicants depends on the state and the particular Medicaid program. With this information, each situation can be evaluated and options provided for Medicaid coverage. This may include certain types of transfers or spending on “exempt assets,” but often the greatest results use certain trusts, strategic transfers (may look like gifts), and promissory notes. All options provided are allowed by law. Annuities are sometimes used, but other methods typically yield better results
Yes, transferring assets (gifting) can be done to shorten the time to obtain Medicaid qualification. Most gifts will incur a Medicaid penalty period. During this penalty period, benefits are not paid. The length of the penalty period is based on the value of the gift. While this can be done and done correctly can be beneficial, there are often better options.
The look-back period is typically five years preceding the Medicaid application. Asset transfers (“gifts”) made during the five years before applying may affect Medicaid eligibility and trigger penalty periods. The length of a penalty period is determined by the amount transferred, divided by a “penalty divisor”. Each state sets their own penalty divisor.
A Medicaid asset protection trust can protect assets from the nursing home, scammers, and lawsuits, while allowing control and access to the assets if drafted correctly. Some believe this must be done more than five years before nursing home Medicaid application, that this is not always true; there are exceptions. Also, planning ahead may allow you a short time of privately paying to reach the five years. Whether privately paying makes sense depends on the amount of assets available, the monthly cost of care, and how close the applicant is to the five years if there are not exceptions.
Yes, the primary residence is an exempt asset for Medicaid qualification. However, there are limits on the home’s value set by the states. Families are not told the home is exempt from qualifying for Medicaid, but it is not exempt from paying back Medicaid. This is called “estate recovery.” Collecting for what is owed is part of a state’s recovery program. Other property, such as rentals or farmland, can be exempt for qualification, but other actions may be needed to protect from later recovery.
Yes, Medicaid may cover long-term care services in nursing homes and, in some cases, assisted living facilities. Assisted living coverage depends on the state’s policy for home and community-based services, also known as a waiver program. The assisted living benefit is less than that available for the nursing home.
Medicaid planning for married couples involves spousal impoverishment rules. These are laws intended to financially protect the spouse of a Medicaid recipient. There is a minimum amount of assets the spouse is allowed, but there are ways to increase the amount of assets to the maximum provided as well. This is also the case for income. Well-meaning people often think the community spouse retains one-half the assets as part of this, but that is not always true. The amount the spouse keeps is based on the total amount of countable assets and other financial factors. The community spouse may receive more than half, or much less than half the assets. The amounts and the method depend on the state.
A Medicaid spend-down is usually referring to assets, but may also refer to income, depending on the Medicaid program. Very basically, spend-down involves using or spending amounts over the state’s limits. Such spending may be for exempt assets, medical or long-term care expenses, or even certain transfers, until they meet Medicaid eligibility thresholds for assets or income.
Possibly. Under the spousal impoverishment rules, a portion of the spouse’s income and assets may be protected to ensure the community spouse has the means to support themselves. It is common for all the assets to be kept by the spouse with some planning. The income is more limited, but depending on the family’s situation and the state, keeping a nursing home spouse’s income is definitely possible
Inheritances received while on Medicaid may affect eligibility and may need to be spent down or managed carefully to maintain benefits. Depending on the specific situation, special needs trusts may be a way as not to require a spend down. Also, there are ways a Medicaid recipient’s spouse can keep the inheritance.
An experienced elder law attorney focusing on Medicaid planning can help you navigate complex rules and ensure you receive the maximum benefits available. Misinformation abounds from well-meaning friends and social workers. But only experienced attorneys should be consulted in navigating this complex area of law. Attorneys are equipped to help save your assets by using federal and state laws, regulations, and cases.
Alternatives to Medicaid for covering long-term care costs may include long-term care insurance, veterans’ benefits, and personal savings. It is not common, but some fraternal organizations may also offer financial assistance for members. If a nursing home resident has been a long-time member of an organization, such as the Masons, they may inquire
Yes, having long-term care insurance does not disqualify you from applying for Medicaid. It may affect the timing and coordination of benefits, but Medicaid is still possible.
Yes, Medicaid may cover home-based care services, including home health aides, personal care attendants, and skilled nursing care. The timing and the amount of assistance will depend on the state’s policies. This Medicaid program is usually called Home and Community Based Services.
The process for applying for Medicaid benefits starts by submitting the state’s application form along with providing documentation of income, assets, and expenses. A state caseworker will then perform a financial assessment and usually make additional inquiries before approving or denying benefits.
There are numerous mistakes made when applying for Medicaid. The majority of mistakes involve improper asset transfers or retitling of assets. This is usually the result of inadequate or improper planning. The second most common category of mistakes involve failure to provide proper documentation within specified times. This should not occur when utilizing professional guidance. Working with an experienced elder law attorney can help avoid these pitfalls and ensure a smooth application process. Literally, just a consultation may be all that’s needed to save a lot of aggravation and the family’s assets.
GET IN TOUCH
Reach out to Paths Law Firm today and you'll be one step closer to the peace of mind you're searching for.
MAIN OFFICE
OVERLAND PARK
NORTH KANSAS CITY
816-524-7999
2029 Burlington St
North Kansas City, MO 64116
By appointment only
888-512-9247 (fax)
APPOINTMENTS
Monday – Friday
8:00am – 5:00pm
Saturdays
Appointment Only
RESOURCES
DISCLAIMER
The choice of a lawyer is an important decision and should not be based solely upon advertisements. The use of this website does not create an attorney-client relationship. Please contact Paths Law Firm directly.
Paths Law Firm © All Rights Reserved 2024
Paths Law Firm provides a Free Educational Elder Law Seminar every month to help you plan for your future.
Jeane Fracassa – a dedicated and accomplished professional who retired with an impressive 38-year service record from the Kansas City Missouri Police Department. Throughout her illustrious career, Jeane served as a Civian Supervisor in the Communications Unit, where she played a pivotal role in ensuring efficient and effective communication within the department.
Even in retirement, Jeane’s commitment to community service remains unwavering. Currently, she serves in various capacities within Community Relations at Paths Law Firm. Actively engaged in the Lee’s Summit and Overland Park communities, she proudly represents the law firm.
In all aspects of her life, Jeane Fracassa exemplifies the values of community, compassion, and family. Her commitment to making a difference and her love for exploration make her a remarkable individual, whose presence brightens the lives of those she encounters. Whether at work, with family, or during her travels, Jeane’s genuine care for others and her zest for life make her a truly remarkable and inspiring person.
Laura is the Law Firm’s marketing assistant, supporting all marketing tasks, including managing calendars, researching upcoming events, updating marketing software and spreadsheets, and partnering with organizations to maintain relationships that benefit Paths Law Firm’s clients. Laura is also the law firm’s professional photographer as she provides the professional photographs for the headshots, organizations, events, and networking.
Laura has over 10 years of experience as a professional photographer. She is also Adobe and Microsoft Certified. She graduated from Columbia College, Columbia, Missouri with her Bachelor of Arts degree, Magna Cum Laude, in Behavioral Psychology (minors in Social Work and Criminal Justice), and her Photographic Craftsman degree from Professional Photographers of America. She is certified as a Qualified Mental Health Professional, Certified Gentle Teacher, Medicaid Billing Certified, Crisis Intervention Counselor, and a Missouri Notary.
Laura has been married more than 26 years and has a daughter and a son. She has four brothers, a niece, and a nephew. Her four spoiled pets that love her attention. A lot of Laura’s off time is spent taking photos and she is an internationally published photographer. Laura owns a studio on the historic Independence Square.
Holly is our newest member of the administrative team. She is hardworking, has proven organizational skills and excellent communication skills. Holly has transitioned to the Estate Planning field from healthcare administration where she gained valuable knowledge that has contributed to her success here at Paths.
Holly enjoys spending time with loved ones, cheering for the Chiefs, and relaxing on the beach.
Tressa has the important role of being a client’s initial point of contact as the law firm’s receptionist for all locations. She also welcomes, assists, and cares for clients at the Lee’s Summit office. Additionally, she provides support in an administrative capacity for the attorneys, staff, and clients. When you meet Tressa, the first quality many note is her readiness to be of assistance.
Tressa is a graduate of Park Hill High School with extensive administrative experience and executive level management. Tressa brings a stability and comfort to the law firm experience having worked in a variety of industries and having lived in six different major metropolitan cities.
Tressa has a daughter, two sons, and one grandchild. In her free time, she enjoys her family and friends, loves being outdoors, gardening, bike riding and bird watching. Indoor hobbies include scrapbooking, painting cookies, and cheering on Chiefs football. She is a Kansas City native but enjoys traveling but is always happy to be back in her hometown.
Kathleen Overton is an attorney and owner at Paths Law Firm. She has more than 17 years of experience advocating for those with special needs and navigating the state and federal agencies formed to help the disabled and elderly. At Paths Law Firm, Kathleen’s practice focuses on helping the elderly qualify for nursing home Medicaid, creating estate plans to protect beneficiaries, as well as a lot of time planning and forming businesses. Kathleen also enjoys helping clients form non-profit organizations and obtain 501(c)(3) tax exempt status.
After attending law school at the University of Oklahoma, Kathleen began representing clients before the Social Security Administration. Eventually her practice switched to federal court appeals and Kathleen spent years representing clients before the Eastern and Western District of Missouri, the District of Kansas, and the Eighth Circuit Court of Appeals. Kathleen has since focused her practice on estate planning and elder law after watching clients struggle to find ways to financially care for loved ones with special needs or aging parents.
Kathleen lives in the Northland with her husband and four children. She spends her free time attending soccer matches and ballet performances with her children and starting endless home improvement projects with her husband.
Sydney is the law firm’s internal accountant and one of their experienced paralegals having been with Paths Law Firm since 2017. She is a primary point of contact for estate planning and business planning.
Sydney graduated with honors from the University of Missouri Kansas City in 2022 with her Bachelor of Science Degree in Accounting. She is a Bloch Launchpad, Phi Theta Kappa, and National Honor Society alumni.
In her free time, Sydney enjoys spending time with her husband, reading, baking and going on long walks.
Christy has three years of experience in elder law working for seniors and their families. She is currently the Senior Administrative Assistant and organizes the day to day functions of the office and makes sure everything runs smoothly. When asked why she loved what she does, Christy said at Paths Law Firm, she gets the opportunity to help clients in more ways than one. Her favorite parts of the job are getting to know the clients and helping them get their questions answered.
Christy’s experience in the finance industry has been extremely beneficial to her role as the Senior Administrative Assistant. Christy has a special place in her heart for the elderly and attributes this to the relationship she had with her grandparents.
Christy was raised in Ogden, Utah and moved to Independence, MO, when she was ten years old. She has been with her high school sweetheart for 25 years and they have two beautiful children together. Her daughter works in the medical industry, and her son currently attends High School and plays Baseball. When Christy is not working, she enjoys crafting and spending time with her family and friends.
Christy’s experience in the finance industry has been extremely beneficial to her role as Benefits Coordinator. There have been many influences that went into her decision to select the field of Elder Law. Christy has a special place in her heart for the elderly and attributes this to her relationship with her grandparents.
When asked why she loves what she does, Christy said that at Paths Elder law, she gets the opportunity to help clients in more ways than one. Her favorite part of her job is getting clients approved for Medicaid or VA benefits as it is a huge relief for them and their loved ones.
Christy was raised in Ogden, Utah, and moved to Independence, MO, when she was ten years old. She has two children that keep her busy and fill her life with joy! Christy’s daughter cheers for Avila University, and her son plays competitive baseball for the Bucks and races BMX locally for the Motorcycle Closeout Team.
When Christy is not working, she enjoys crafting and making homemade gifts for her loved ones and raising her kids to be healthy, happy, and positive humans.
Practice Areas
Professionalc Memberships and Affiliations
René is the Financial Manager at Paths Law Firm overseeing all aspects of revenue, expenses, and financial planning. She is also responsible for general office management, including assisting in many of the administrative matters that periodically arise.
René earned her Bachelor of Science in Hotel and Restaurant Management from Central Missouri State University in Warrensburg, Missouri and soon thereafter worked her way through management at The American Restaurant where she worked almost 17 years before relocating to the country of China.
In her spare time, René is currently quite active managing multiple generations of her family, including parents and grandkids. René has had great impact on the lives of many women teaching discipling and teaching and abundance of Bible Studies. Her former career in management and event planning trained her well to juggle all the activity.
Hilary plays a vital role in managing the Marketing Department at Paths Law Firm. She is excellent at bringing new ideas and sharing valuable resources with the law firm and our community. Hilary has been with the law firm since the beginning, working in nearly every role which is invaluable in her marketing endeavors as she brings a unique set of skills into the Marketing Department.
Hilary is nearly complete in her Bachelor’s of Arts Degree in Marketing at Park University. She has earned the honor of being listed in National Honors Society, Phi Theta Kappa, and the Dean’s List. Hilary is always looking for new and innovative ways to share the law firm’s message.
Jennifer is the Sr. Paralegal and Operations Manager at Paths Law Firm. She oversees the firm’s probate department as well developing, implementing, and managing all the firm’s administrative processes having been with the law firm almost from the beginning. She enjoys client contact as well as behind-the-scenes operations.
Jennifer began her legal career in 1990 as a legal secretary. She has worked in small and medium sized firms, as well as court operations. She has her Paralegal Certificate from Boston University, Law Office Management Certificate from University of Central Missouri, and she is a Master Financial Coach.
Jennifer has two daughters, twin sons, and twin grandsons. She spends as much time as she can with them. She enjoys reading, listening to podcasts, and tending her yard.
When asked what he wants to do, his reply was “I just want to sit at the kitchen table and work directly with people.” Rusty enjoys working with clients providing experienced advocacy and supporting them through their unfamiliar and overwhelming situations. Due to all the challenges faced by seniors, it is essential to work with an experienced elder law attorney who has expertise in the law, issues, and concerns affecting seniors and their families.
Rusty brings more than 30 years legal experience and expertise working for seniors and their families as an elder law attorney in Kansas City and surrounding. Prior to law school, Rusty was an accountant and his first couple years practicing law was as a tax attorney. This provides invaluable experience in his current practice of law. Rusty’s focus is helping protect seniors’ assets from taxes and long-term care costs, benefit qualification, and navigating more complex family scenarios in their estate planning.
Rusty has personally experienced the loss every parent fears, caring for a spouse suffering with cancer and the treatment, and working with aging parents through all stages of their lives. He intimately understands the challenges faced by individuals and their caretakers when capacity or health declines, how to prepare for it, and the legal matters while in the midst of it. He may not be able to eliminate his client’s grief, but he strives to provide clients with peace of mind.
In 2010, Rusty’s faith and love led him and part of his family to China as Christian missionaries. He and his wife, went permanently, but ended up dedicating 3 years to that ministry. They returned to Missouri to help with grandchildren after a family tragedy and later began anew with Paths Elder Law. The goal is providing compassionate care through legal advocacy.
Rusty has multiple degrees and advanced study spanning his Bachelor’s of Arts in Business Administration – Accounting at Rockhurst College (now Rockhurst University), Masters of Arts in Accounting and in Intercultural Studies, as well as his Juris Doctorate from the University of Missouri at Kansas City School of Law.
When Rusty is not practicing law, he enjoys spending time with his family, grandchildren, and excessive eating at local restaurants.
Practice Areas
BSBA and Master’s in Accounting, Master’s in Inter-Cultural Studies, and Doctorate in Juris Prudence
Admissions to Practice
Professional Memberships and Affiliations