State Properly Valued Sale of Medicaid Applicant’s Life Estate…

life estates

An Ohio appeals court rules that the state correctly valued the sale of a Medicaid applicant’s life estate using the specific state Medicaid life estate law as opposed to the more general law on determining fair market value. Stutz v. Ohio Department of Job and Family Services (Ohio Ct. App., 3rd Dist., No. 15-17-02, Aug. 21, 2017).

Barbara Stutz owned a life estate in her property and her sons owned the remainder interest. She entered a nursing home and applied for Medicaid. The state approved the application but decided the life estate was an asset that must be valued. Ms. Stutz appraised the life estate at $2,000 and sold it to her sons for $1,800. The state determined that the correct life estate value was $24,941, and it imposed a penalty period on Ms. Stutz for an improper transfer of assets.

Ms. Stutz appealed, arguing that the state should have used the general definition of fair market value in state law, which defines fair market value as the going rate that property can be expected to sell for on the open market, to value her life estate. She presented evidence that local realtors and bankers valued her life estate at $2,000. Instead, the state used the state law that applies to Medicaid and life estates and ruled that $24,941 was the correct value. Ms. Stutz appealed to court, and the trial court affirmed the state’s decision.

The Ohio Court of Appeals, 3rd District, affirms, holding that the state properly valued the life estate. According to the court, “a specific statute prevails over a general statute,” so the state correctly used the life-estate-value statute rather than the general fair-market-value statute.

For the full text of this decision, go to: http://www.supremecourt.ohio.gov/rod/docs/pdf/3/2017/2017-Ohio-7287.pdf

For more on Medicaid Planning go to: http://www.raphanlaw.com/medicaid-planning-

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New York City’s Safest And Most Dangerous Hospitals: Rankings

From New York City Patch: https://patch.com/new-york/new-york-city/new-york-citys-safest-most-dangerous-hospitals-rankings By

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NEW YORK, NY — Going to certain hospitals in New York City may do more harm than good, according to new batch of hospital safety rankings released Wednesday. Of the city’s 41 hospitals graded by the Leapfrog Group, a nonprofit founded by employers and healthcare providers, 34 hospitals received a grade of “C” or below.

Yikes.

To paint an even uglier picture, zero of the city’s hospitals received an “A” grade; that’s down from 2 hospitals that received an “A” in the Leapfrog Group’s 2016 fall safety rankings. If you live by the “Cs get degrees” theory, the majority of the city’s hospitals would still get passing grades — but not by much. In total, seven hospitals got a grade of “B,” 23 got a grade of “C,” nine got a grade of “D” and two got a grade of “F.”

The hospitals that failed were SUNY Downstate Medical Center in Brooklyn and Flushing Hospital Medical Center in Queens, according to the Leapfrog rankings. (For more New York City news delivered straight to your inbox sign up for Patch’s free newsletters and breaking news alerts.)

Leapfrog looks at medical errors, accidents, injuries and infections when calculating its grades, according to the ranking methodology. The goal of the rankings is to determine a patient’s risk of further injury or infection is if they visit a certain hospital.

According to the organization, more than 1,000 Americans die each day from preventable hospital errors. Hospitals given a B rating by Leapfrog had a 9 percent higher risk of avoidable death than A hospitals. That number jumps to 35 percent in C hospitals.

Cross your fingers and look for your hospital’s grade below:

  1. NYU Langone Medical Center (Manhattan): B
  2. NYC Health + Hospitals – Bellevue (Manhattan): C
  3. Mount Sinai West (Manhattan): D
  4. Mount Sinai Beth Israel (Manhattan): C
  5. New York-Presbyterian Weill Cornell Medical Center (Manhattan): C
  6. Northwell Health System – Lenox Hill Hospital (Manhattan): C
  7. The Mount Sinai Hospital (Manhattan): C
  8. NYC Health + Hospitals – Metropolitan (Manhattan) : B
  9. Mount Sinai (Queens): C
  10. Mount Sinai St. Luke’s (Manhattan): D
  11. The Brooklyn Hospital Center (Brooklyn): C
  12. NYC Health + Hospitals – Woodhull (Brooklyn): B
  13. Wyckoff Heights Medical Center (Brookyln): C
  14. NYC Health + Hospitals – Harlem (Manhattan): B
  15. NYC Health + Hospitals – Elmhurst (Queens): D
  16. New York Methodist Hospital (Brooklyn): D
  17. NYC Health + Hospitals – Lincoln (Bronx): B
  18. New York-Presbyterian Hospital Columbia University Medical Center (Manhattan): C
  19. NYC Health + Hospitals – Kings County (Brooklyn): C
  20. Kingsbrook Jewish Medical Center (Brooklyn): C
  21. SUNY Downstate Medical Center (Brooklyn): F
  22. Maimonides Medical Center (Brooklyn): D
  23. Long Island Jewish Forest Hills Hospital (Queens): C
  24. Bronx Lebanon Hospital Center Concourse Campus (Bronx): C
  25. Brookdale Hospital Medical Center (Brooklyn): D
  26. New York-Presbyterian (Queens): C
  27. St. Barnabas Hospital (Bronx): D
  28. Flushing Hospital Medical Center (Queens): F
  29. New York-Presbyterian The Allen Hospital (Manhattan): C
  30. Mount Sinai (Brooklyn): C
  31. New York Community Hospital (Brooklyn): C
  32. Richmond University Medical Center (Staten Island): D
  33. Jamaica Hospital Medical Center (Queens): D
  34. NYC Health + Hospitals – Queens (Queens): B
  35. Montefiore Einstein Campus (Bronx): C
  36. NYC Health + Hospitals – Jacobi (Bronx): C
  37. NYC Health + Hospitals – North Central Bronx (Bronx): B
  38. Montefiore Moses Campus (Bronx): C
  39. NYC Health + Hospitals – Coney Island (Brooklyn): C
  40. Montefiore Wakefield Campus (Bronx): C
  41. Northwell Health System – Staten Island University Hospital (Staten Island): C

Photo by Spencer Platt/Getty Images News/Getty Images