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Start Over Descriptor "ANNUITY lawsuits" Topic medicaid
3 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

3. Long Annuities Not Subject to Penalty But Short Annuities Are.

Subjects
*ANNUITY lawsuits, *MEDICAID, *DISTRICT court decisions, *ACTIONS & defenses (Law)
Abstract

The article discusses the Zahner v. Mackereth case which deals with the annuities of Medicaid applicants in Pennsylvania. Topics discussed include the annuities purchased by the husbands of Anable Zahner and Donna Claypoole, the summary judgment granted by the U.S. District Court for the Western District of Pennsylvania, and the transfer of assets according to the Federal Law.

Published
2014

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