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The Shea Law Firm
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Next week we're going to look at some new nursing home federal regulations that came out to improve resident quality of life.

It may also be getting harder for nursing homes to demand payment while a Medicaid application is pending which is very big news. Stay tuned.

Find out what Medicaid covers for Assisted Living in Houston, and more importantly, what it does NOT cover.

In their latest policy revision, the Texas HHSC made an important change on how it handles real estate owned or deemed to a nursing home Medicaid applicant.

In some cases, a nursing home Medicaid applicant uses a special "for sale" exemption to not have the HHSC hold the value of the house against them while it is listed for sale. I guess some people were taking advantage of this because we have some new rules on this.

Now, they say "an individual must accept an offer to buy the property that is at least two-thirds of the current market value of the property. If an offer is rejected, the individual must present evidence that proves the offer is unreasonable and that the individual is continuing to make reasonable efforts to sell the property."

If your family needs Houston nursing home Medicaid while selling a house, find out how to get it and also protect the proceeds of the sale.

Any bloggers interested in doing some link building in the practice areas of elder law/Medicaid, divorce, or probate? Contact me if interested. All white hat stuff.

#Texas courts will not always enforce a divorce judgment obtained by you or your ex in another country. If the judge determines the foreign #divorce judgment was obtained through a process that violated the due process rights of either party it may refuse to enforce the foreign judgment.

The legal techniques I can use to protect assets for an at home spouse are very important, but if the spouse who is not in a nursing home is not at home but in some kind of medical care facility those protections might not be available. I may still have other options, but they probably won't be as efficient as the at home spouse options.

Today's question from a visitor is:

What happens if I don't have an explanation for withdrawals over $500 on a Texas nursing home Medicaid application?

Well, I hate to be the bearer of bad news but unexplained withdrawals of $500 (and even less) are almost certain to result in a penalty period of nursing home Medicaid ineligibility. I discuss how significant the legal presumption of a presumed penalty is at

But, if you start early enough there is a good chance I can mitigate the damage from previous penalty causing gifts.

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If you or your spouse file for bankruptcy before your divorce is final that will prevent the court from finalizing your divorce until the bankruptcy case is finished. The reason being the bankruptcy court has jurisdiction over the property in the divorce and the divorce court does not until the bankruptcy court is out of the picture.

Life insurance is one of the best candidates for nursing home Medicaid asset protection. It is very efficient when there is leverage between the current cash value and the death benefit.

Don't surrender it to pay nursing home bills without exploring your options first.

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If you or your spouse ends up getting pregnant (even by someone else) be prepared to wait a little longer for your divorce in The Woodlands or Montgomery County. Many judges will not finalize a divorce while there is an active pregnancy. Keep this in mind if you want your divorce finished sooner instead of later.

For additional information please visit

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