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Start Over Descriptor "ANNUITY lawsuits" Topic annuities
2 results on '"ANNUITY lawsuits"'

1. Actuarial Soundness, the Meaning of "Commensurate," and a "Sniff Test".

Author

Simmons, Thomas E.

Subjects
*ANNUITIES, *MEDICAID law, *MEDICAID eligibility, *ANNUITY lawsuits, *MEDICAID, *MEDICAID beneficiaries, *SAFE harbor, *TRUSTS & trustees, *ACTIONS & defenses (Law)
Abstract

The article uses the case Zahner v. Secretary of Pennsylvania Department of Human Services, wherein Deficit Reduction Act (DRA)-compliant annuities were used by plaintiffs to conform to Medicaid requirements, as a framework for discussing actuarial soundness, the meaning of commensurate and the Sniff Test. Issues tackled are purchase of annuities in connection with eligibility of Medicaid beneficiaries, annuity safe harbor under the Medicaid Act, and annuities considered as trust-like devices.

Published
2017

2. Short-Term Annuities Are Not Resources for Medicaid Purposes.

Subjects
*ANNUITY lawsuits, *ANNUITIES, *MEDICAID, *LEGAL judgments
Abstract

The article discusses the relation between short-term annuities and Medicaid, a social health care program of the U.S. It cites the decision of the Third Circuit Court of Appeals which stresses that the short-term annuities of Medicaid applicants do not serve as resources even if the terms are less than the life expectancies of the annuitants. Several cases wherein the applications for Medicaid are denied due to unlawful transfers are also discussed.

Published
2015

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