Kansas and Medicaid Planning

Bryn A. Poland (J.D. Candidate 2007, Washburn University School of Law) has recently published his Comment entitled Don’t Plan on Aging: The Kansas Supreme Court Reaffirms Its Hostility Toward Medicaid Planning, 45 Washburn L.J. 491 (2006), in which he discusses the case of Brewer v. Schalansky, 102 P.3d 1145 (Kan. 2004).

Here is the conclusion of his article:

Medicaid is one of the most complex federally-sponsored programs. Deficiencies in the program stem not only from the practical application of the provisions, but also from its narrow scope of coverage and unrealistic eligibility requirements. The Medicaid program has failed to respond to the changing needs of society, specifically the increased number of elderly requiring long-term care. The dramatic rise in nursing home costs has forced many elderly Americans into poverty in an effort to qualify for government assistance. Medicaid planning provides a legal alternative that allows an individual to receive medical attention, reducing her exposure to financial harm.

The Kansas Supreme Court erred when it held that property owned in joint tenancy is an “available resource” for Medicaid eligibility. Because the court incorrectly held that the full value of property held in joint tenancy is an “available asset” for Medicaid purposes, it has effectively limited access to medical care for society’s most vulnerable. The Kansas Supreme Court’s hostility toward legal Medicaid planning impairs the ability of elderly Kansans to receive long-term care. Kansas Medicaid applicants can no longer rely on the eligibility rules established by federal and state agencies. Instead, the elderly are at the mercy of the court to determine whether they will receive benefits for long-term care. Finally, the court has created changes that extend far beyond Medicaid, and the ramifications of Brewer v. Schalansky will endure for years to come.