34 The QUEE NS Courier • business • february 27, 2014 for breaking news visit www.queenscourier.com ▶business ▶The Elder Law Minute TM States Can Now Recover from Entire Injury Settlement By Ronald A. Fatoullah, Esq. and Stacey Meshnick, Esq. In an unexpected addition to the recent federal elder law budget agreement that ROnald could have far-reaching Fatoulah, consequences, Congress ESQ, CELA* has negated the U.S. Supreme Court’s decisions in Arkansas Department of Health and Human Services v. Ahlborn and Wos vs. E.M.A. and has given states the ability to recover Medicaid costs from a beneficiary’s entire personal injury settlement or award. When a Medicaid beneficiary settles a personal injury lawsuit or wins a personal injury case, the state may assert a claim for recovery of medical expenses provided through the Medicaid program, since Medicaid is supposed to be the payer of last resort. However, in 2006 a unanimous Supreme Court issued its Ahlborn decision, finding that under the anti-lien restrictions of the Social Security Act, states had a right to recover only from the portion of a settlement or award that was allocated to medical expenses. Seven years later, in Wos, the court struck down a state statute imposing a mandatory Medicaid lien on up to one-third of a recovery, reiterating that “an irrebuttable, one-size-fits-all statutory presumption is incompatible with the Medicaid Act’s clear mandate that a State may not demand any portion of a beneficiary’s tort recovery except the share that is attributable to medical expenses.” This system is now scheduled to change on October 1, 2014, when Section 202 of the Bipartisan Budget Act of 2013 kicks in. Without any warning or hints that changes were on the horizon, Congress inserted language into the recent budget compromise amending the Social Security Act to give states the right to recover from Medicaid beneficiaries’ entire settlements, and the bill – signed into law by President Obama -- also gives states the right to place a lien on those settlements or awards. The budget proposal’s details first became public this past December. Given the timing of the legislation, it was impossible for advocates, many of whom were taken by surprise, to mount any serious opposition. Because the change allowing Medicaid to recover from the full settlement is not retroactive, it is not clear whether the legislation will allow Medicaid to recover against all settlements that take place after October 1st, 2014 or recover against all beneficiaries who assigned their recovery rights to Medicaid after the change on October 1st, 2014. In a letter to its membership, the American Association for Justice (formerly the Association of Trial Lawyers of America) writes that it is “tirelessly working to eliminate this provision before it goes into effect in October 2014 … We expect the result of the new law to be that plaintiffs who are Medicaid recipients will recover less and in many cases will be unable to pursue claims at all because any recovery would have to be reimbursed to Medicaid. This provision was added because it was deemed to raise revenue by Congressional Budget Office economists, despite the fact that the provision will have the opposite effect. Reversing this unfair, unnecessary, ill-advised policy is AAJ’s highest priority. We have time to do this before the law goes into effect.” Ronald A. Fatoullah, Esq. is the principal of Ronald Fatoullah & Associates, a law firm that exclusively concentrates in elder law, estate planning, Medicaid planning, guardianships, estate administration, trusts, wills, and real estate. The firm has offices in Forest Hills, Great Neck, Manhattan, Brooklyn, and Cedarhurst, NY. This article was co-written by Stacey Meshnick, Esq., senior staff attorney at the firm who has chaired the firm’s Medicaid department for over 15 years. Ronald Fatoullah & Associates can be reached by calling (718) 261-1700, 516-466-4422, or toll free at 1-877-ELDER-LAW or 1-877-ESTATES. Renaissance Event Hall: Make Your Next Occasion Enchanting Conveniently located in Long Island City, the Renaissance Event Hall offers a truly unique, Romanesque setting in the heart of New York City. Unlike many of the city’s large event venues, the Renaissance Event Hall hosts only one event at a time to ensure that your function will have the full attention of the staff. From the menu and the decor, right down to the lighting, the venue staff will work with you to customize every detail of your affair. The interior design of the Renaissance Event Hall adds to its uniqueness and charm. Guests enter the space through a row of French doors. Once inside, the soft lighting, warm mahogany wood bars, wrought iron railings, and luxe marble BUSINESS in the NEWS Community Federal Savings Bank: Making Your Banking Simple For your personal and business banking needs, Community Federal Savings Bank on Jamaica Avenue in Woodhaven aims to simplify and enhance your banking experience. With the personal banking options that range from free electronic checking accounts to basic checking accounts with a minimum balance of just $1 to senior accounts offering special CD rates, Community Federal Savings keeps the diverse needs of its clients in mind. On the business banking level, high-yield money market accounts, remote deposit services, and financial services for healthcare providers ensure that the needs of companies large and small are met. To suit the fast-paced lifestyles of the community members and local businesses that it serves, Community Federal Savings Bank has a comprehensive online banking system that is BUSINESS in the NEWS available 24 hours per day. Existing bank customers simply need to log on to www.cfsb. com and create an account to access their personal and business accounts around the clock. Personal online banking services include check imaging, viewing online statements, reordering checks, bill payment, and use of the bank’s FinanceWorks system. Online business services include obtaining balances on deposit accounts, viewing transactions in real time, viewing images of checks cleared and deposited, reviewing transaction history, transferring funds between accounts, placing stop payments, and initiating wire transfers. Under the leadership of Woodhaven branch manager John Fordell, Community Federal Saving Bank continues to grow and modernize. Today, Community Federal Savings not only offers full online banking capabilities, but has also launched a mobile application that allows users to access their checking and savings account anywhere. Available on both Android and iOS mobile devices, the app allows you to check your balances, pay bills, and transfer funds from your mobile phone or tablet. To learn more about the services offered at Community Federal Savings Bank, or to open an account of your own, call 718-847-6333 or visitwww.cfsb.com today. Community Federal Savings Bank 89-07 Jamaica Avenue Woodhaven, New York 11421 718-847-6333 touches lay the groundwork for a romantic atmosphere. Balconies, where guests can mingle and enjoy signature drinks during your cocktail hour, are situated 28 feet over the main dining room. On the main floor, a spacious dance floor surrounded by dining tables allows ample space for a DJ, a band, and of course, your guests. To ensure that all of your guests have a space to relax and unwind, the Renaissance Event Hall has a spacious lounge area that is perfect for catching up with friends or colleagues. Whether you prefer the glow of soft candlelight or more modern lighting displays, the high-tech lighting system will suite your needs. A popular choice for weddings, sweet sixteen parties, bar and bat mitzvahs, and corporate events, the Renaissance Event Hall offers diverse menu options to accommodate every taste. The chefs serve up mouth-watering meals, ranging from classic Italian dishes like penne alfredo with parmesan cheese to savory seafood dishes like mahi-mahi with black olives, tomatoes, and fresh herbs. Bartenders mix drinks from a premium bar menu, and you have the option to offer top-shelf liquor and custom cocktails to your guests. Above all, the Renaissance Event Hall welcomes special touches that reflect your guests’ culture, culinary interests, and diverse tastes. Renaissance Event Hall 27-34 21st Street Long Island City, NY 11102 718-274-4590 renaissanceeventhall.com
QC02272014
To see the actual publication please follow the link above