Pennsylvania Medicaid and Elder Law Attorney

Pennsylvania Elder Law Library

Online Power of Attorney Documents; Buyer Beware!

By Robert C. Gerhard, III

Some online power of attorney documents may not comply with current Pennsylvania law and therefore may not work when your designated agent tries to use it. If your power of …

What Income Counts for Medicaid and Must Be Paid to the Nursing Home?

By Robert C. Gerhard, III

A nursing home resident will need to pay some or most income to the facility once Medicaid benefits have been approved. Here are some common items of income that count …

Looking Back, A Thank You to The Montgomery Bar Association’s Elder Law Committee

By Robert C. Gerhard, III

Looking back, I owe a debt of gratitude to the Montgomery Bar Association for helping me get my start over 20 years ago in the specialized field of elder law. …

Common Mistakes Violating Medicaid Look-Back Rules

By Robert C. Gerhard, III

Occasionally, we talk with individuals who have accidentally violated the rules of the look-back period and are denied Medicaid long-term care benefits, even when they were acting in good faith. …

Statute of Limitations for Medicaid Estate Recovery; “Time Does Not Run Against the King”

By Robert C. Gerhard, III

Is there a statute of limitations in estate recovery matters? How long does the Commonwealth of Pennsylvania’s Department of Human Services have to enforce its right to the Medicaid payback …

Should My Income be Paid Directly to the Nursing Home?

By Robert C. Gerhard, III

A nursing home resident will need to pay some or most income to the facility once Medicaid benefits have been approved. The nursing home may provide you with paperwork upon …

Exceptions to the Medicaid Requirement to Pay Income to the Nursing Home

By Robert C. Gerhard, III

An individual in a nursing home who qualifies for Medical Assistance (Medicaid) long-term care benefits will normally have to pay their income to the nursing facility, but exceptions apply to …

What Happens If I’m Denied Medicaid Benefits or Receive a Penalty From the Results of the Look-Back Period?

By Robert C. Gerhard, III

Medicaid is essential in helping individuals access medical care, especially elderly patients in need of long-term nursing care. But accessing Medicaid requires undergoing the 5-year look-back period, which is when …

How to Avoid the Medicaid 5-Year Look-Back Period

By Robert C. Gerhard, III

The Medicaid 5-year look-back is designed to review an applicant’s personal finances for the previous 60 months to ensure he or she qualifies for Medicaid long-term care benefits and to …