Securing government benefits for the senior or special needs client requires comprehensive knowledge of the complicated and evolving Medicare and Medicaid laws and regulations. At Procter and Callahan, LLC, we have experience working with these programs and the expertise to assist our clients in obtaining the maximum benefits to which they are entitled.

Payment for the soaring costs of long term care services is an area of great concern to most seniors and family members with aging elders.  The attorneys and staff at Procter and Callahan, LLC frequently work with families in this situation.  We are available to provide either limited consultation or more comprehensive assistance.  We may discuss and can provide information on the following:

  • Qualification for Medicaid Long Term Care Benefits in an institutional setting or at home (home and community based services)
  • Veteran’s Aid and Attendance Benefits
  • Long term care insurance
  • Community resources to assist with caring for an aging senior
  • Larimer County resources
  • Application assistance

To qualify for Medicaid Long Term Care, a client must meticulously follow the applicable state and federal regulations. There are three distinct eligibility requirements for Medicaid. Applicants must meet all three requirements. The requirements are:

  • Categorical (Medical)
  • Income
  • Resources (Assets)

At Procter and Callahan, LLC, we counsel our clients and their families regarding all aspects of Medicaid planning including qualification, spousal protection, asset transfers and potential gifting penalties.

Other important information about Medicare and Medicaid:

  • Medicare is the current national health insurance plan that provides defined medical benefits to Social Security retirees over 65 years of age and disabled adults receiving Social Security benefits for more than two years.
  • Except for rehabilitation services following a hospital stay, Medicare does NOT provide benefits for the long term care services of seniors.
  • Medicaid is a public entitlement program that pays for defined medical benefits including long term care, assisted living, and home and community based services (HCBS) for those with limited resources.
  • The Medicaid program is jointly funded by federal and state governments and administered by the state government, subject to federal law.  Therefore, there are differences between states in how Medicaid is administered.
  • In Colorado, the Medicaid program is administered by the Colorado Department of Healthcare Policy and Financing. The county Departments of Social Services process applications and make determinations of eligibility.  Although the attorneys at Procter and Callahan, LLC can assist you in this process, we do not make eligibility determinations.

Veteran’s Aid and Attendance benefits are available to veterans who served during a period of wartime, were discharged in a manner other than dishonorably, and who meet medical and financial eligibility.  The Veteran’s Service Office provides free information and assistance with completion of applications for the Aid & Attendance benefit.  When considering an application for Veteran’s Aid and Attendance, or strategies to qualify for the Aid and Attendance benefit, it is also important to consider the possible Medicaid ramifications.  The rules are not the same for both programs, and those who benefit from Aid and Attendance frequently are in need of Medicaid in the future.