Once, during a client meeting, I was attempting to explain to a client’s family why part of the client’s income must be placed into a trust to become eligible for Medicaid assisted living coverage in New Jersey. As I was explaining something that I knew did not make sense to a reasonable person, I asked myself, does it really need to be this complicated?
A federal court, regarding the complexity of Medicaid law, has stated:
“There can be no doubt but that the statutes and provisions in question, involving the financing of Medicare and Medicaid, are among the most completely impenetrable texts within human experience. Indeed, one approaches them at the level of specificity herein demanded with dread, for not only are they dense reading of the most tortuous kind, but Congress also revisits the area frequently, generously cutting and pruning in the process and making any solid grasp of the matters addressed merely a passing phase.”
Elder law certainly is a challenging area of legal practice. Heavy emphasis must be placed on continuing legal education, attending meetings, reviewing list serves, and constant communication with other elder law attorneys to remain knowledgeable about the ever-changing regulatory field.
There are constantly changing tax laws and Medicare and Medicaid regulations that need to be taken into consideration.
Our mission is to keep seniors, those with disabilities, their caregivers, and professionals educated as to the rules and how they may impact them. Is it challenging and sometimes frustrating to attempt to make sense of these complex laws? Absolutely.
That is why I find great personal fulfillment in this area of law. Our elder care law team enjoys the challenge of helping families navigate the complex, ever-changing regulatory system. Therefore, it is even more rewarding when we are able to help a family in need.
Does it have to be this difficult to navigate all the rules and regulations when caring for a loved one? No, it should not be. Hopefully, Congress will one day come together in making significant changes to both Medicare and Medicaid, which will make planning more user-friendly.
Until then, we are here to help advocate for changes while hopefully making things slightly less complicated.
