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WisconsinChristianNews.com
Volume 25, Issue 4
Medicaid Planning In Wisconsin
2). Asset Protection A key component of Medicaid planning is pro- tecting assets from being depleted due to long-
By Attorney Maxx Forti, McLario, Helm, Bertling & Spiegel Law Offices (See display ad on Page 40 of this issue of WCN) August 2024 Medicaid planning is a crit- ical and complex financial
transfers to comply with Medicaid rules can pre- vent penalties. This might include gifting assets within legal limits or using certain exemptions.
• Financial Records: Documentation of income, expenses, and asset holdings is required to ver- ify eligibility. • Medical Records: Proof of medical necessity for long-term care must be provided. • Legal Documents: Trust documents, wills, and other legal instruments must be kept current and compliant with Medicaid regulations. 6). The Medicaid Application Process Applying for Medicaid involves several steps: • Initial Assessment: Applicants must undergo a thorough assessment to determine their eligibility based on income, assets, and medical needs. • Documentation Submission: All required docu- ments, including financial and medical records, must be submitted to the Medicaid agency. • Eligibility Determination: The Medicaid agency reviews the application and supporting docu- ments to make a determination. This process can take several weeks to months. 7). Common Challenges and Solutions Medicaid planning in Wisconsin presents sev- eral challenges: • Complex Regulations: The rules governing Medicaid are complex and subject to change. Staying informed and seeking professional ad- vice can help you navigate these challenges. • Asset Transfer Rules: Improper asset transfers can result in penalties. Careful planning and con- sultation with professionals can prevent these is- sues. • Changes in Eligibility: Income and asset limits can change, affecting eligibility. Regular review and adjustment of the planning strategy are nec- essary to maintain compliance. Medicaid planning is vital for Wisconsin resi- dents who need long-term care services. Individ- uals can effectively manage their resources by understanding the eligibility criteria, utilizing asset protection strategies, and seeking profes- sional advice while ensuring access to necessary care. Given the complexities of Medicaid regula- tions and the importance of preserving assets, careful and informed planning is essential to achieving a successful outcome. McLario.com need a Savior from our sins (Matthew 1:21). Let’s go to the cross of Christ for a moment. The cross is an exhibition of the Lord’s hatred for man’s sin (1 John 3:4), and His willingness to re- deem men back unto Himself through the sacri- fice of His Son and the shedding of His blood as the propitiation (1 John 2:2). The Law shows us our sins, the sins that put Christ upon that cross in Romans 3:20. Read Isaiah 53:5-6. When we look to Christ upon that cross, dying a grueling, incomprehensible death and giving up His life for ours as an awesome display of His love and willingness to redeem us back unto Himself (2 Corinthians 5:19), we can see how love then fulfilled that law (Exodus 20). He did for us what we could not do for ourselves (John 1:29). What Jesus, the Lamb of God that taketh away the sins of the world (John 1:29) did on that cross was His victory over sin and death, and the be- liever who is forgiven upon repentance is given grace in now overcoming sin by the power within (Matthew 1:21; Ephesians 2:8-10; 1 John 4:4). God, through His Law as the schoolmaster, drives us to the cross to see Him who died to re- deem us (Galatians 3:24). Then, out of gratitude, we live unto Him who died for us (2 Corinthians 5:15). And again, upon repentance, because of the Lord’s mercy, we find that mercy rejoiceth against judgment (James 2:13). Those who look to remove the Law, which ex- poses and condemns the sinner (Not just the sodomites), are thereby creating a god to suit their sins. This god of theirs is a figment of their imagination and does not scripturally exist (Exo- dus 20:4). This is not the Gospel of Jesus Christ. This is another gospel that is bringing a curse upon the nation if received (Galatians 1:8). Friends, it is not the sin that goes to Hell. Rather it is those who choose to remain in their sins (John 8:24).
and legal strategy for individuals seeking long- term care in Wisconsin. This planning is essential for ensuring that individuals can qualify for Med- icaid benefits while protecting their assets and maintaining their quality of life. A joint federal and state program, Medicaid provides healthcare coverage for low-income individuals, including long-term care services. However, the rules gov- erning Medicaid eligibility and benefits can be in- tricate and vary from state to state. In Wisconsin, Medicaid is known as “Badger- Care Plus” for low-income residents, including families and children. “Family Care” and “IRIS” (Include, Respect, I Self-Direct) are programs specifically designed to assist with long-term care for elderly individuals and those with disabil- ities. Eligibility for these programs depends on factors such as income, assets, and medical needs. 1). Eligibility Criteria Medicaid eligibility in Wisconsin hinges on sev- eral factors: • Income Limits: Wisconsin applies both income and asset tests. Individuals must meet specific income thresholds for long-term care, which are often subject to change based on federal guide- lines and state regulations. • Asset Limits: There are strict limits on the amount of countable assets an individual can have. In 2024, for instance, the asset limit for an individual is typically around $2,000, though there are some exclusions (such as primary res- idence and certain personal belongings). • Medical Necessity: To qualify for long-term care services, applicants must demonstrate a medical need for such care, typically through assess- ments and evaluations by healthcare profession- als.
term care costs. Strategies include: • Spousal Protections: If one spouse requires long-term care, Medicaid planning helps ensure the healthy spouse can retain a portion of the couple's assets. Wisconsin follows federal guide- lines, allowing a certain amount of assets to be preserved for the non-institutionalized spouse. • Exempt Assets: Some assets are exempt from consideration, such as the primary residence (up to a specific value), personal effects, and a ve- hicle. Proper structuring and documenting these exemptions can help with planning. • Trusts: Irrevocable trusts are often used in Medicaid planning. These trusts transfer owner- ship of assets to a trustee while protecting them from being counted as part of the individual's re- sources. However, creating and managing these trusts must comply with Medicaid's stringent rules to avoid penalties. 3). Look-Back Period and Penalties Medicaid imposes a “look-back period” of five years. During this time, any transfers of assets for less than fair market value can result in a penalty period during which Medicaid benefits are delayed. Effective planning involves: • Asset Transfers: Properly structuring asset
• Penalties: If assets are transferred improperly, Medicaid may impose a penalty period during which the individual must pay privately for their care before Medicaid benefits kick in. Under- standing these penalties and planning accord-
ingly can mitigate their impact. 4). Legal and Financial Advice
Medicaid planning often requires professional assistance to navigate the complexities of the program. Key professionals include: • Elder Law Attorneys: Specialists in elder law can provide guidance on Medicaid eligibility, asset protection strategies, and the creation of legal instruments such as trusts. • Financial Planners: Certified financial planners can help structure assets and investments to en- sure they align with Medicaid eligibility require- ments. • Accountants: Accounting professionals can as- sist in managing and documenting financial transactions to ensure compliance with Medicaid rules. 5). Documentation and Record Keeping Maintaining detailed and accurate records is crucial for Medicaid planning. Essential docu- ments include:
Love Also Condemns Pride By Bradlee Dean, Sons of Liberty August 2024
Last weekend, I saw someone who had posted a pride flag (Pride goeth before destruction; Proverbs 16:18) that said, “Love is the law.” Of course, not realizing that the rainbow that the Lord gave to His people as a covenant was given after He destroyed man for the very sins for which the sodomites of today are advocating (Genesis 9:12). Yes, love fulfills the law (Romans 13:10). Yet, what these abominable promulgators seemed to overlook in their biblical illiteracy condemns the very lifestyles for which these advocate (Leviti- cus 18:22, 20:13). We are to Love the Lord our God “with all thy heart, and with all thy soul, and with all thy mind” (Romans 5:5). This is the first table which is found in (Exodus 1:12), This is the first and great commandment. And the second table is to be where we love our neighbors as ourselves, which is found in (Exodus 20:13-17). “On these two commandments hang all the Law and the prophets.” (Matthew 22:37-40). Jesus did not come to do away with the Law that He came to fulfill. He said, “Think not that I am come to destroy the Law, or the prophets: I am not come to destroy, but to fulfill.” (Matthew 5:17). This love, of course, is that which has been shed abroad in our hearts by the Holy Ghost, who has been given unto us (Romans 5:5). Therefore, those who are born again (John 3:3) will love what He loves and hate what He hates (Psalm 97:10). Friends, sin is moral, not physical. What do I mean by that? I mean that you have a choice to commit the act of sin or not to commit the act of sin. Never fall into the error that moral inability will be an excuse for sin by saying that they were “born this way” or cannot help themselves. We are all born in iniquity (Psalm 51:5), as do we all
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