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THE SAUGUS ADVOCATE – FriDAy, FEbrUAry 3, 2023 HERO | FROM PAGE 8 THE DERMODY SJC CASE O n January 27, 2023 the Massachusetts Supreme Judicial Court handed down a decision in favor of MassHealth with respect to Medicaid annuities required benefi ciary designations. This was a long-awaited decision by members of the Massachusetts Chapter of the National Academy of Elder Law attorneys. Several members of the Massachusetts Chapter presented an amicus curiae brief in favor of the plaintiff in the lawsuit, Laurie A. Dermody. The case was originally heard in the Superior Court in 2017 and the SJC granted an application for direct appellate review. Robert G. Hamel purchased a Medicaid annuity issued by Nationwide Life in order to seek approval for his wife Joan Hamel’s MassHealth application. He named the Commonwealth of Massachusetts the remainder benefi ciary to the “extent of benefi ts paid”, and his daughter Laurie A. Dermody as the contingent benefi ciary. Upon Robert’s death, prior to having received all of the monthly payments under the annuity policy, Laurie brought suit against MassHealth and Nationwide contending that she, rather than the Commonwealth of Massachusetts, was entitled to the remainder of the annuity payments. A Medicaid annuity is a last-minute strategy to take excess assets off of the table by purchasing it with those excess assets thereby creating a non-countable income stream for the spouse who is at home, thereby qualifying the spouse in the nursing home for MassHealth benefits. Congress intended on providing the at home spouse with enough income to pay for monthly living expenses and not to be impoverished. The SJC reasoned that Congress’ intent when it passed the Deficit Reduction Act (DRA) was to name the Commonwealth of Massachusetts the remainder benefi ciary on any Medicaid annuity, regardless of whether or not the annuity was purchased by the institutionalized spouse or the community spouse. If the community spouse outlives the term of the annuity (e.g. fi ve years of monthly payments), then he or she will have enjoyed the benefi t of those monthly payments over that fi ve year period. Upon the community spouse’s death in that situCross, the Distinguished Service Medal and the Purple Heart for his volunteer service. “In spite of its damage he was able to get it back safely to his home base and made it out okay,” Brown wrote of Daniels’ damaged aircraft. Brown also noted some ination, there are no remaining payments left and no balance remaining that could be paid to the State. However, if the community spouse dies in year two or three, for example, the remaining balance of the annuity must be paid to the Commonwealth of Massachusetts to repay it for any MassHealth benefits paid for the institutional spouse while in the nursing home. Any remaining balance after that can then be paid to the children. Elder law attorneys have been unsure as to whether or not the annuity benefi ciary designation could state “Commonwealth of Massachusetts, to the extent of benefits paid on behalf of the community spouse”. The hope was that so long as the community spouse never went into a nursing home and qualifi ed for MassHealth benefi ts, upon his or her death, the insurance company would make payment of the remaining balance to the children. This SJC case makes it clear that will not be the case. The community spouse will simply have to live for the entire term of the annuity policy in order to protect all of that money. Otherwise, the state must be paid off in full fi rst before the children can receive anything. The SJC stated that the DRA requires the State to be named the primary remainder benefi ciary on the death of the community spouse. The SJC did hold that the Medicaid annuity met all other requirements of the statute and was an eff ective strategy in order to achieve MassHealth approval for Joan Hamel. As a further note, the look-back period was extended from 3 years to 5 years under the Defi cit Reduction Act of 2005. Joseph D. Cataldo is an estate planning/elder law attorney, Certifi ed Public Accountant, Certifi ed Financial Planner, AICPA Personal Financial Specialist and holds a master’s degree in taxation. teresting trivia about the origin of the plane’s name, Lucy Bowels. “He suff ered from dysentery much of the time he served in Asia, and he jokingly named his plane accordingly,” Brown wrote. Following his discharge in 1945, Daniels became a Metropolitan District Commission police offi cer and later served as a Major in the Air Force Reserve, according to the calendar story. DANIELS | FROM PAGE 3 at the age of 61, after a lengthy illness. In his obituary it stated that he served as a Town Meeting member for several years, a member of the VFW, and a longtime member of the Saugus Lions Club. The notice also included a small outline of his service record. Anyone who knew Walter during his lifetime knew that he was a good family man, a dedicated town official, and had served his country well. But it wasn’t until years after his death that the true depth of his character, together with an impressive war record, was revealed. Part Two - A hero for more than one day Several family members, his nephews, Peter Daniels and Eddie Moore, along with Ed’s son Walter, were invited to attend a reunion with their uncles’ war buddies several years ago and it was at that reunion when his family discovered another amazing side of their uncle. What the family learned was that there were books written about him, that he saved many fellow pilots during combat and that he fl ew over 100 missions for the Flying Tigers. According to a book written by Donald S. Lopez entitled, “Into the Teeth of the Tiger,” Walter was a member of the Flying Tigers Squad of pilots who participated in one of the most remarkable air campaigns of World War II in the war against the Japanese in China. “God is my Co-pilot,” written by Col. Robert L. Scott, tells of the American Volunteer Group (AVG) also known as the Flying Tigers under the direction of General Claire L. Chennault. The tacDANIELS | SEE PAGE 20 Sa Page 19 Say nir a y nior How to Cover y Senior Seni by Jim Miller Dental Care in Retirement Dear Savvy Senior, I had dental insurance through my work for many years but lost it when I retired and joined Medicare. Where can retirees fi nd aff ordable dental care? Uninsured Al Dear Al, Unfortunately, about twothirds of U.S. retirees don’t have dental insurance today. Without coverage from traditional Medicare, and with private dental insurance typically costing too much to be feasible, most seniors are stuck paying full out-of-pocket prices every time they visit a dentist. While there’s no one simple solution to affordable dental care there are a variety of options that can help cut your costs. Here’s where to look. Medicare Advantage: While dental services are mostly excluded under original Medicare, many Medicare Advantage plans do provide coverage for dental care, but it’s usually very limited. Medicare Advantage plans are government approved health plans (usually HMOs and PPOs) sold by private insurance companies that you can choose in place of original Medicare. To shop and research Advantage plans in your area visit Medicare.gov/ plan-compare or call 800633-4227. Dental insurance: If you have gum problems and need extensive dental care, a dental insurance plan may be worth the costs versus paying for care yourself. Monthly premiums for individual plans range from about $20 to $80. A typical plan includes two or three cleanings and checkups per year, but these plans will likely have a waiting period – anywhere from a few months to a few years – before coverage for more expensive procedures kicks in. To fi nd dental plans in your area, see eHealthInsurance.com. Dental savings plans: While savings plans aren’t as comprehensive as insurance, they are a good option for those who don’t have dental insurance. How this works is you pay an annual membership fee – around $80 to $200 a year – in exchange for 10 to 60 percent discounts on service and treatments from participating dentists. To find a savings plan, go to DentalPlans.com (or 888632-5353) where you can search for plans and participating dentists, as well as get a breakdown of the discounts off ered. Veterans’ benefits: If you’re a veteran enrolled in the VA health care program or are a benefi ciary of the Civilian Health and Medical Program (CHAMPVA), the VA off ers a dental insurance program that gives you the option to buy dental insurance through Delta Dental and MetLife at a reduced cost. The VA also provides free dental care to vets who have dental problems resulting from service. To learn more about these options, visit VA.gov/dental or call 877-222-8387. Cheaper dental care: Because prices can vary by dentist, one way to ensure you get a good deal on your dental care is to call multiple provides and compare prices. To get an idea of what diff erent dental procedures cost in your area, see FairHealthConsumer.org. If you’re paying cash, it’s also perfectly reasonable to ask your dentist for a discount. There are also a number health centers and clinics that provide low-cost dental care to those in need. And all university dental schools and college dental hygiene programs off er dental care and cleanings for less than half of what you would pay at a dentist’s office. Students who are supervised by their professors provide the care. See TeethWisdom. org to search for a center, clinic or school near you. Send your senior questions to: Savvy Senior, P.O. Box 5443, Norman, OK 73070, or visit SavvySenior.org. Jim Miller is a contributor to the NBC Today show and author of “The Savvy Senior” book. ior

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