• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • WHO WE ARE
    • About Our Firm
    • Attorney and Staff Profiles
    • News and Events
  • Areas We Serve
    • Essex County, MA
      • Andover
      • North Andover
    • Hillsborough County, NH
      • Manchester
      • Nashua
    • Middlesex County, MA
      • Concord
      • Lexington
      • Wakefield
      • Winchester
      • Woburn
    • Rockingham County, NH
      • Exeter
      • Londonderry
      • Salem
  • Services
    • Asset & Business Planning
    • Elder Law & Medicaid Services
    • Estate And Gift Tax Figures
    • Family-Owned Businesses & Farms
    • Legacy Planning Services
    • LGBTQ Estate Planning
    • Loss Of A Loved One
    • Pet Planning
    • Power Of Attorney
    • Probate and Trust Administration
    • SECURE Act
    • Special Needs Planning
    • Young Families
  • Elder Law
    • Coping with Alzheimer’s
    • Hospice Care
    • Medicaid Planning
    • Nursing Home Planning
  • Resources
    • Elder Law
      • Elder Law & Medicaid Definitions
      • Elder law reports
      • Elder Law Resources
        • Elder Law Resources – Londonderry, New Hampshire
        • Elder Law Resources North Andover, Massachusetts
        • Nashua, New Hampshire Elder Law Resources
        • Woburn, MA Elder Law Resources
    • Estate Planning
      • Estate Planning Articles
      • Estate and Gift Tax Figures
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning for Niches
        • Trust Administration
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Free Estate Planning Worksheet
    • Free Seminars
    • Frequently Asked Questions
      • Asset Protection Planning
      • Business Planning
      • Charitable Gifting
      • Estate Planning
      • Elder Law
      • Frequently Asked Questions for Families Without an Estate Plan
      • Incapacity Planning
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Medicaid Planning
      • Trust Administration & Probate
      • Wills and Trusts
    • Newsletters
    • Pre Consultation Form
    • Presentations
    • Probate and Trust Administration
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss Of A Loved One
      • Probate Resources
        • Nashua, New Hampshire Probate Resources
        • Probate Resources – Londonderry, New Hampshire
        • Probate Resources – North Andover, MA
        • Probate Resources – Wakefield, Massachusetts
        • Woburn, MA Probate Resources
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
    • Published Books
  • Live Seminars
    • Online Seminars
    • In-Person Seminars
  • Videos
  • Contact Us
  • Blog
  • Reviews
    • Our Reviews
    • Review Us

DeBruyckere Law Offices, PC

Serving Southern New Hampshire & Essex Country, Massachussetts

Call us today(603) 894-4141

(978) 969-0331

Online Seminars
Attend Free Seminar
Home » Elder Law » An Introduction to Medicaid, Medicare

An Introduction to Medicaid, Medicare

September 25, 2013Elder Law

Two of the most important medical programs in the U.S. are also ones that can cause the greatest confusion. This week, we take a look at both Medicaid, Medicare and what they could mean for you at some point.

Similarities

Under both Medicare and Medicaid, an adult beneficiary must meet criteria, generally, they must be at least 65 years old or disabled.

For Medicare coverage, the beneficiary or beneficiary’s spouse will often be required to have made some payroll contributions through the Social Security program over the course of their lives. Medicare coverage is sometimes defined as a health insurance policy purchased through premiums deducted from payroll checks over the years. While a beneficiary doesn’t necessarily have to have made those contributions, he or she must have both limited resources and income. Many begin to “spend down” their assets as they prepare for Medicaid qualification; however, there are important dynamics that can affect coverage.

Medicaid monies come from the government of both the applicant’s state and on the federal level. While the rules vary slightly from one state to another, the basics often mirror one another. Medicaid was designed to be a safety net for those with inadequate healthcare resources and while that remains true today, due to the upcoming healthcare laws, there could a shift in the role of these programs.

Nursing Home Coverage

Often, it’s not until one realizes a nursing home is in his future that he begins considering the details associated with qualifying for Medicaid or Medicare. It may be that he hasn’t met with an elder care or estate planning lawyer until then. Each program has its own methods of paying for nursing home care and the right legal representation can ensure fewer mistakes.

Remember, Medicaid is considered more of a safety net for those with no other options. Because of that, Medicaid will cover the costs for nursing home care indefinitely. That said, the recipient must qualify and that’s determined via his assets – or rather, his lack of assets. If the Medicaid recipient is married, his spouse’s assets might also play a role.

Medicare Limitations

Meanwhile, Medicare will cover the cost of nursing home care for a limited period of time – usually just 100 days per benefit period. A new benefit period starts when the Medicare beneficiary has not received Medicare covered inpatient care in the nursing home or in a hospital within the previous 60 days. Then, only a limited number of those days are paid in full. Co-payments are required by the recipient, either via a supplement insurance policy or out of pocket. Also, each year, those figures change, based on a number of factors. Medicare is applicable only if the patient spent at least three nights in a hospital the previous 30 calendar days and the hospital stay must be related directly to what requires a stay at a nursing home.

Medicaid, Medicare and the Legalities

As mentioned, each state often has its own requirements and guidelines, so it’s important to meet with an elder care lawyer who’s familiar with Medicaid and Medicare to ensure you’re in compliance with both state and federal laws. He can help you with the 5 year look back period (when Medicaid looks to the past five years to see if you’ve given assets away for the purpose of qualifying for Medicaid).

It’s never easy to prepare for these kinds of changes, but with the right guidance, you can at least ease the stress associated with these important programs at a time you need them most.

To learn more, please download our free medicare part b costs in new hampshire report here.

  • Author
  • Recent Posts
Daniel DeBruyckere
Daniel DeBruyckere
Attorney Daniel A. DeBruyckere has been practicing law in New Hampshire and Massachusetts since 1998, and has helped hundreds of clients with their estate planning and elder care issues. He is very well respected in the area of estate planning, probate, trust administration, elder law issues, and business planning.
Daniel DeBruyckere
Latest posts by Daniel DeBruyckere (see all)
  • Concerned about Leaving a Large Inheritance? A Trust May Be the Solution - January 19, 2021
  • If You Are a Parent Estate Planning Is Essential - January 14, 2021
  • Is It Too Late for Medicaid Planning to Help Me? - January 12, 2021

Other Articles You May Find Useful

Woburn estate planning attorneys
What You Need to Know If You Are Caring for Someone with Alzheimer’s
Nashua area elder law attorney
If You Hope to Age in Place You Need to Plan Ahead
North Andover area Medicaid planning attorney
Spousal Impoverishment Guidelines for 2020
North Andover area elder law attorney
Is There A Difference between Alzheimer’s and Dementia?
Nashua area elder law attorney
Tips to Help You Choose the Best Nursing Home for Your Mother
North Andover area veterans benefits attorney
Are You a Vietnam Vet? If So, What You Need to Know about Veterans Benefits and Help for PTSD

DeBruyckere Law Offices, PC

Download our free Estate Planning Worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.
  • This field is for validation purposes and should be left unchanged.

Subscribe to Our Newsletter

Please fill out the form below:
  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube

Blog Subscribe

  • This field is for validation purposes and should be left unchanged.

Testimonials

I felt complete trust and confidence in Dan DeBruyckere and his staff. They have a caring, low-key approach and there is no pressure to add products to the estate plan; rather he makes me aware of changes in the law, etc. I always learn something new to assist me in our planning!

LN

Your seminar was the only seminar we attended without financial advisors wanting to invest our money instead of protecting it! The information this firm provided was easy to understand even though it is a difficult topic. Thank you for all of your help!

HR

We both felt so comfortable in they way our Estate Planning was handled. We felt like someone was watching out for our best interest. Everyone we worked with at the firm was thorough, and explained everything in a way where we could walk away feeling like everything was complete.

RS

A truly great experience all the way through. Felt like we were a part of the family! Thank you.

LW

We could not have picked a more qualified law firm. Everyone that we came in contact with made us feel at ease.

Happy Client

We were very impressed with the statements put forth by Dan at the Seminar. We were impressed even more by their down to earth approach and the efficiency they accomplished it all.

Charles

Londonderry Office

Londonderry Office
One Verani Way
Londonderry, NH 03053
Phone: (603) 894-4141

See Larger Map Get Directions

Nashua Office

Nashua Office
76 Northeastern Boulevard, Unit 31B
Nashua, NH 03062
Phone: (603) 894-4141

See Larger Map Get Directions

North Andover Office

North Andover Office
231 Sutton St, Suite 1B
North Andover, MA 01845
Phone: (978) 686-4645

See Larger Map Get Directions

Woburn Office

Woburn Office
444 Washington Street, Suite 503
Woburn, MA 01801
Phone: (978) 969-0331

See Larger Map Get Directions

By Appointment Only

BEVERLY OFFICE

Beverly Office
900 Cummings Center Suite 204-U
Beverly, MA 01915
Phone: (978) 969-0331

See Larger Map Get Directions

Office Hours

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 5:00 PM

Map

dadlawoffices_sidbr_map
  • Advantages of Working With Our Firm
  • About The American Academy
  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

Connect with Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
footer-logo

© 2021 DeBruyckere Law Offices
All Right Reseved.

Attorney Advertisement

© 2021 American Academy of Estate Planning Attorneys, Inc.