This program is eligible for 1 hour of CLE credit in 60-minute states. In 50-minute states, this program is eligible for 1.2 hours of CLE credit. Credit hours are estimated and are subject to each state’s approval and credit rounding rules.
Overview
Accessing Medicaid Waiver Services When Income is Too High
Amy Lowenstein & Jacqueline Connell
Individuals in Pennsylvania seeking long term care services through Medicaid have few options available to them when their income is too high, particularly when the services needed are Home and Community Based Waiver Services (HCBS). The lack of options often forces these individuals into a nursing home prematurely, when they could receive the care they need from the comfort and safety of their own home. In this 90-minute session, attorneys will be introduced to how Pennsylvania historically has treated excess income for individuals seeking HCBS, compared to how other states work around this issue. The session will focus on how pooled special needs trusts, which are well-established planning tools for people with disabilities, can now be used in certain circumstances for clients to shelter their excess income in order to access HCBS. Attorneys will learn the basics of pooled special needs trusts, the process and requirements to use these trusts to shelter income, and the mechanics of the administration of these trusts. The session will also briefly cover alternative options to the pooled income spend down trusts for clients who are over income and in need of Waiver services (MAWD/Workers with Job Success).
Recorded in February 2025.
Faculty
Jacquelyn E. Connell, Esq.
Ms. Connell is the Vice President of Achieva Family Trust (AFT), a non-profit corporate trustee of special needs trusts. In her current role, she works with organizations, attorneys, families, and individuals with disabilities on all aspects of special needs planning. She routinely counsels on the types of special needs trusts and how to use them in estate planning and post-litigation planning, and the impact this planning can have on an individual’s government benefits. She also oversees trust administration at Achieva FamilyTrust, working with beneficiaries and their families on protecting and maximizing their government benefits. Prior to working at Achieva Family Trust, she focused her practice on estate planning and estate administration. She has extensive experience in drafting and reviewing Wills, Powers of Attorney and Trusts, as well as advising clients on estate planning techniques with regard to trusts, real estate, and long term care.Ms. Connell is a member of the Allegheny County Bar Association and its Law and Disability section. She is also a member of the National Association of Elder Law Attorneys and the Pennsylvania Association of Elder Law Attorneys. She is an adjunct professor at Duquesne University School of Law – Paralegal Institute, where she teaches Estates, Wills Trusts. She graduated summa cum laude with a Bachelor of Arts in History and Political Science from Duquesne University’s McAnulty College of Liberal Arts and obtained her Juris Doctor from Duquesne University School of Law.
Amy E. Lowenstein, Esq.
Amy Lowenstein is the director of policy and a supervising attorney at the Pennsylvania Health Law Project. She works to improve and strengthen Medicaid coverage and services for Pennsylvanians through policy analysis, systems advocacy and direct representation; and provides training and support to community-based organizations. Prior to joining PHLP, Amy represented health care consumers and people with disabilities in New York through policy advocacy, litigation and direct services. Amy received her J.D. from Columbia Law School and her B.A. in history from Wesleyan University.
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