Challenges to Eligibility for Health CoverageChallenges to Eligibility for Health Coverage

This past year has been an interesting one for elder and special needs law attorneys, with agency action being taken to implement critical 2016 case decisions and a number of positive decisions with respect to health care and Medicaid planning legislation. That being said, despite the victories, it’s clear from the proposed legislation and case law that government entities are increasingly looking for ways to keep budgets in check by challenging eligibility in creative ways. 

Federal Legislation

With respect to legislation, much of 2017 was consumed by the debate over “repeal and replace” of the Affordable Care Act (ACA) and the introduction of the American Healthcare Act (AHA). The AHA (as well as later iterations) proposed major cuts to ...