CIVIL UNIONS
EFFECTIVE OCTOBER 1, 2005, same sex couples who are over the age of 18, and who are not blood relations, can enter into a Civil Union in the state of Connecticut. To do so, they must get a license certificate for a Civil Union from the Registrar of Vital Statistics and then solemnize their union before a justice of the peace or by participating in a religious ceremony. Whoever joins the couple in a Civil Union must complete the license certificate by certifying the time and place that the union took place. Once the completed license certificate is returned to the Registrar, the Civil Union is recorded, and as of the date of the ceremony, the couple has all of the benefits, protections, and responsibilities under Connecticut law. To terminate a Civil Union, the couple needs to obtain a dissolution of Civil Union degree in the same manner as a married couple obtains a dissolution of marriage.
As of October 1, 2005, all of the laws of Connecticut relating to a spouse, will apply to a partner of a Civil Union, but a Civil Union pertains to Connecticut law, only. The couple joined in a Civil Union have no rights or responsibilities under federal law, e.g., they may not file a joint federal income tax return, or have the right of a spouse right under Social Security.
CHAPTER 9: MEDICARE UPDATE
The 2006 figures for a stay in a skilled nursing facility (i.e., a
nursing home) under the Original Medicare Plan are as follows:
You pay nothing for the first 20 days of skilled nursing care and
$119 for days 21-100; i.e., you pay up to $9,520 for the next 80
days of a stay in a skilled nursing facility.
You are responsible for all costs thereafter.
The 2007
Medicare value for a stay in a skilled nursing facility for days 21
through 100 is $124 per day.
In 2008, those on the original Medicare plan will pay:
$128 per day for days 21-100 in a skilled nursing facility for
each benefit period. This is $4 higher than the 2007 value.
CHAPTER 10: MEDICAID UPDATE - Effective 1/1/06
The federal and state governments have increased the
Community Spousal Resource Allowance to a maximum of $99,540 and a
minimum of $19,908. They increased the Minimum Monthly
Maintenance Needs Allowance to $2,488.50.
CHANGES MADE BY
CONGRESS IN 2006
Congress passed the following changes to the Medicaid law:
FIVE YEAR LOOK BACK
The Look-back period is extended from three years
to five years.
PENALTY
PERIOD STARTS WHEN YOU APPLY
Under the prior Medicaid law the Penalty Period
started from the day the transfer was made. Under the new law the
Penalty Period begins on the day the Applicant applies for Medicaid,
meaning that the Penalty clock doesn’t start ticking till the
Applicant actually applies. For example, if a person makes an
uncompensated transfer during the five year period before he applies
for Medicaid, the Penalty Period will begin as of the day he applies
for Medicaid.
HOMESTEAD WITH EQUITY OF $500,000 OR MORE
If the equity in the Applicant’s home (current
market value less mortgages and liens) is equal to $500,000 or more,
he will not be eligible to receive Medicaid benefits. States are
given the option of increasing this value to $750,000 or more.
These changes need to be adopted by the states,
so it may take several months before these laws are put into effect.
Check with an Elder Law attorney to determine the status of the
Medicaid law in Connecticut.
