| A Uniform Federal Solution To Improve Effectiveness of Medicaid Estate Recovery | Known as tracing, some states allow their Medicaid agency to follow the assets of the beneficiary spouse into the estate of the surviving spouse while others do not. As a result, similarly situation Medicaid recipients in different states could be treated considerably differently on the sole basis of the state in which their Medicaid nursing home benefits were received and similarly situated states could recover considerably different levels of their Medicaid nursing home expenditures. The source of this divide stems from the flexibility that the Medicaid Act affords to states when defining the term "estate". |
| Health and Personal Care Planning AELR 2022 | This session addresses the giving of advice about health care decision-making rights and options and the process of advance care planning, specifically the preparation and use of advance medical directives (medical powers of attorney, living wills, and health care declarations) and palliative care. |