Can Returning Assets Eliminate a Medicaid Transfer Penalty?

The Pennsylvania Superior Court affirmed a lower court’s ruling that denied a guardian’s proposed medical assistance spenddown plan, finding that it would be a breach of her fiduciary duties to her ward because it would include a gift to herself...

The Second Circuit Court of Appeals ruled that qualifying Medicaid recipients have a constitutionally protected property interest in receiving 24-hour personal care services, but that New York’s existing appeals procedure adequately protects that interest. Bellin v. McDonald, No. 24-341 (2nd Cir.