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Patricia Dudek
Michigan
I'm an attorney who champions the elderly and disabled with a wonderful supportive family who lives in Michigan.
Interests: Sports: Go Spartans! Movies: Love all the Harry Potter fantasies. Books: Fiction as an escape from work, Favorite websites: Acronym Finder http://www.timegoesby.net/, Angela Carson Photography http://www.angelacarson.com/, Carl Hiaasen http://www.carlhiaasen.com/index.shtml, Collision Six http://www.myspace.com/collisionsix, National Association of Baby Boomer Women http://www.nabbw.com/index.php, Tax Girl http://www.taxgirl.com/, Time Goes By http://www.timegoesby.net/, Customer Service Details for Companies A-Z http://gethuman.com/customer-service.html, Family Travel Gear http://familytravelgear.com/, Stuck on My Story http://www.stuckonmystory.com/, Wine Lovers Page http://www.wineloverspage.com/
Recent Activity
I am currently researching this and will get back to you shortly. Thanks! Patti
Susan, I received the following information from an attorney in Colorado. I hope it helps and that you'll keep us informed. Patti Patti- I saw your email about deductions from the monthly income of an institutionalized spouse in Colorado and am attaching the current regulations. The county worker is wrong – or just not reading all of the regulations (by the way, this is the second case that has come to my attention like this: do you have any idea what county this person resides in? I think it’s a training issue). The regulations (first attachment), at §8.100.7.Q is the methodology for calculating the MIA and §8.100.7.T makes it clear that the only deduction that takes precedence over the MIA is the personal needs allowance ($50 at present). In the second attachment, I included the regulations governing Calculation of Resident Income. Section 8.483.32 makes it the responsibility of the nursing facility to collect the resident’s payment for the cost of care. In that case, the facility may be at fault for an over-zealous collection of income. Either way, there is an incorrect interpretation of the regulations by someone. If you can find out which county (and which nursing home) this person is residing in, I can look into it (it’s part of my job as Legal Assistance Developer for the Older Americans Act programs). I referred the other case to the State Medicaid agency to work with the county on the correct interpretation of the regulations and would be happy to do so in this case as well. Mary Catherine Rabbitt, Esq. Colorado Legal Assistance Developer The Legal Center for People with Disabilities and Older People 455 Sherman Street, Suite 130 Denver, CO 80203-4403 303-722-0300 1-800-288-1376 Fax: 303-722-0720 Email: mcrabbitt@thelegalcenter.org http://www.pekdadvocacy.com/documents/blogposts/spousal_protection_rules-CO.pdf http://www.pekdadvocacy.com/documents/blogposts/spousal_protection_rules-CO-part2.pdf
Like I suggested on your other post, Jacquline, I do encourage you to tell your stories because you are the most effective advocate you have. Best regards, Patti
I encourage you to tell your story because you are the most effective advocate you have! Patti
Let me check something more on this and I will get back to you.
Dana, I am licensed to practice only in Michigan. Where do you live?
WOW - sorry to hear about your bad experience, but honestly not surprised! I hope you have someone assisting you in the appeal! Please keep us posted.
I am sorry to hear what happened to your parents! Thanks for the feedback.
Patricia Dudek is now following Rudy Sims
Jun 4, 2010
Patricia Dudek is now following The Typepad Team
Mar 15, 2010
I agree with your post. I also understand that when folks are desperate for solutions they will try anything to help their loved one. Balancing the issues is always the hardest part I think. Thanks for your comment!