There were several key issues that affected elder law in 2013. The first issue is a follow-up from the 2010 decision in the landmark case of Lopes v. Starkowski, No. 3:10-cv-3073010, 2010 US Dist. LEXUS 80829, at 4 (D. Conn. Aug. 11, 2010). The next issues are related to the Improvement Standard for Medicare and the observation status for Medicare.
The August/September 2012 edition of Connecticut Lawyer featured an article about attorneys Paul Czepiga and Brendan Daly related to their successful federal district court challenge of the Connecticut Department of Social Services (DSS) policy of treating annuity income as available assets in determining financial eligibility for Medicaid benefits. Specifically, the 2010 federal decision held that Connecticut’s policy of counting annuity income as an available asset to the spouse of a Medicaid applicant was contrary to federal law.
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