Jack Miller, UI's Weldon Schimke Professor of Law, and his co-author, Vanessa Stroud have published their article, Medicaid Planning for Long-Term Care: California Style, 41 American College of Trust and Estate Counsel (ACTEC) Law Journal 331-380 (2016).
This is the fifth in a series of articles that Miller has authored or co-authored about the Medicaid system as it applies to the long term care of the elderly. Medicaid law presents particular challenges for lawyers, administrators and judges because it is a complex blend of federal and state law. Professor Miller has set himself the task of mastering Medicaid planning for Idaho and for the three states on the West Coast, California, Oregon, and Washington. With the publication of this article only Oregon remains outstanding. "I'm looking for an Oregon Elder Law attorney to team up on that one." Miller says. "I want to be certain that what I write has practical utility for Oregon lawyers and their clients. The way to do that is to consult with someone who practices in the area every day." The reason that Miller has committed himself to learning Medicaid law in four states is that his students in Elder Law are most likely to go to one of those four states to practice law.ABSTRACT: California’s Medicaid program, “Medi-Cal”, differs significantly from programs in other states. This article sets out the major distinctions between California's program and other state programs as applied to long term care for disabled seniors. It illustrates the major planning techniques that are employed throughout the country and also those techniques that are available only in California.
Medicaid is the means tested, cooperative state and federal program that pays for much of the nursing home and other long term care in the United States. California’s uneven implementation of federal legislation regulating Medicaid over the last several decades has created many challenges and opportunities for disabled seniors that are specific to the Golden State. In presenting these challenges and opportunities, the article guides the reader through eligibility procedures and the long-term care planning process, delineates vital considerations for practitioners and their clients, and addresses important developments on the horizon.The full text of the article may be downloaded by following this link: 2688243