A wider Medicaid fraud net; new law criminalizing asset transfers could snag lawyers

Article Abstract:

Amendments to the Medicaid fraud law form part of the Health Insurance Portability and Accountability Act of 1996 and make it under some circumstances a crime to transfer assets to show Medicaid eligibility. Senior citizens who seek Medicaid-financed nursing home care by reducing their net worth through gifts to children seem to be the targets of the law. Both critics and proponents agree that the law is poorly drafted. Problems include lack of clarity in the intent requirement as well as lack of knowledge that an asset transfer is criminal until an official determines it triggers an ineligibility period.

Laws, regulations and rules, Prevention, Estate planning, Medicaid fraud

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IOLTA dividends in doubt; ruling threatens program that distributes legal aid funds from interest on lawyers' trust accounts

Article Abstract:

The United States Court of Appeals for the 5th Circuit has remanded Washington Legal Foundation v. Texas Equal Access to Justice Foundation to the trial court, ruling that for the plaintiffs to succeed on a Fifth Amendment claim, there must be evidence showing that the clients' property was taken against their will. At issue in the case is the constitutionality of the Texas Interest on Lawyer Trust Accounts Program, which generates income by requiring attorneys to put some client funds in interest-bearing accounts.

Innovations, Cases, Finance, Legal assistance to the poor, Right of property, Property rights, IOLTA programs

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