DHS Removes Attorney Trigger on Medicaid Applications

Monday, January 01, 2018 2:21 PM | Anonymous

You will recall that we reported that the Illinois Department of Health and Family Services and the Office of the Inspector General removed the attorney trigger from their Medicaid applications.  What this means is that the fact that an applicant consults with an attorney no longer acts as a trigger sending the application to the OIG for a "fraud" investigation.  Late last year, the head of the Illinois Department of Human Services, Secretary James Dimas, spoke at NAELA's UnProgram and one of the issues he was asked about was the attorney trigger.  Hence, we were pleased that in late December 2017, DHS and HFS published their new procedures for person moving into nursing homes and supportive living programs who also seek long term services and supports.  Read the new policy here and note that the Form HFS 3654 Revised no longer asks whether the applicant has met with a lawyer. 

Illinois Chapter
National Academy of Elder Law Attorneys, Inc.
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The National Academy of Elder Law Attorneys, Inc. (NAELA) was founded in 1987 as a professional association of attorneys who are dedicated to improving the quality of legal services provided to people as they age and people with special needs.
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