Nashville View

Medicaid (TennCare) Planning

Elder Law Attorneys Assisting Nashville Residents

As we get older, concerns regarding retirement or the services that we may need as an elderly person increase. Planning ahead for these extra concerns may ease the uncertainty that may be involved later in life. The Nashville estate planning lawyers at Martin Heller Potempa & Sheppard PLLC help aging individuals make appropriate arrangements regarding Medicaid expenditures. Our firm assists with planning in all types of circumstances, including divorce, disability, or other unforeseen events, such as needing to relocate to an assisted living facility. Our attorneys work with clients to ensure that their livelihood is protected and that their families can look forward to stable futures.

Estate Planning Issues Regarding Medicaid (TennCare)

When many people think of how they will take care of themselves after retirement, they may believe that the coverage of Medicare will be sufficient for all of their medical needs. However, if an individual needs to reside in a nursing home or assisted living facility, Medicare will not cover the cost completely. In fact, Medicare only pays for 20 days of nursing home care following a three-day hospital stay, and then partial costs for another 80 days. When extended stays are necessary, Medicare will not cover any of the expense.

The payment for these facilities either comes from long term-care insurance, an individual’s personal resources, or the government assistance of Medicaid, which is referred to as TennCare in Tennessee. Unlike Medicare, which is available for people over the age of 65 who have worked in a job that pays into the program for 10 years, TennCare is intended to cover medical expenses for a wide range of individuals with limited financial resources. TennCare can cover the expense of nursing homes, assisted living facilities, and other long-term care services for as long as they are determined to be medically necessary.

Making sure that your spouse and you are protected financially if one of you needs long-term care later in life may require advanced consideration. By planning early, at least five years before care is required, your family’s assets may be preserved. Taking proper planning measures may also help reduce estate recovery costs after you pass. Estate recovery reimburses the state for Medicaid costs spent after a recipient dies. Tennessee applies the rule of limited estate recovery, which only considers the state-defined probate estate in reimbursement efforts, as opposed to expanded recovery, which also considers property held with a right of survivorship as part of an estate. Consulting a knowledgeable estate planning attorney can help you resolve any questions or concerns that you may have regarding your benefits and the well-being of your family following your death or incapacitation.

Consult an Estate Planning Lawyer in the Nashville Area

The elder law attorneys at Martin Heller Potempa & Sheppard PLLC help Tennessee residents plan for their future who need the aid of TennCare or other government services. Our firm assists people throughout Davidson and Williamson Counties, including in Franklin, Belle Meade, Sylvan Park, and Brentwood. Call us at 615-800-7096 or contact us online for a free appointment with a Nashville estate planning attorney.