Medicaid and Health Insurance

Our Legal Team

Jennifer Wheeler Terry
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Navigating the health and disability insurance landscape is increasingly complicated. Do you have questions about health insurance or Medicaid eligibility? Lewis & Kappes can help you or your loved one understand what your insurance options are.

Elder Law

Long term care can be difficult to manage. Medicaid is a federal insurance program for the aged, blind and disabled which can cover long-term care expenses. Medicaid programs vary state to state. Lewis & Kappes works with clients in Indiana or out-of-state families with loved ones in Indiana. In Indiana, eligibility is subject to asset and income tests. These requirements vary on whether or not the applicant is single or married, whether the non-applicant spouse lives at home, whether the applicant is or seeks to enter a long-term care facility or whether the applicant receives alternative Medicaid (waiver) programs in the community.

Lewis & Kappes can help you understand whether you or your family member qualifies for Medicaid, whether a spend-down is required, and to navigate you through applying for Medicaid. Lewis & Kappes can also assist with other needs which may arise when a loved one enters long term care or faces a serious health diagnosis, including guardianship, preparation of law will and testament, living wills, special or supplemental needs trusts, Miller Trusts, powers of attorney and other estate planning needs. We can also assist with probate.

Health and Disability Insurance

It is very frustrating when a doctor's recommendation for a course of medical treatment or a determination that you are disabled is second-guessed by an insurance company. Our attorneys practice in this area because they believe people facing a serious health diagnosis, disability or condition shouldn't have to fight with their insurance company too. If your health or disability claim has been denied, Lewis & Kappes can guide you through the process of challenging that determination.

We can advise you regarding consumer protections which may be available to you when an insurance company has improperly denied a claim, including the Employee Retirement Income Security Act (ERISA), the Patient Protection and Affordable Care Act, and bad faith lawsuits. The timeframes associated with some of these protections are very short, so do not delay in consulting with an attorney.

Lewis & Kappes also consults with individuals when they do not know what health insurance options are available. Options include: continuing existing health insurance coverage through COBRA, Indiana's guarantee issue plan required under HIPAA administered through Indiana Comprehensive Health Insurance Association (ICHIA), the State High Risk Insurance Pool -Healthy Indiana Plan (HIP ESP).

There are limits on what an insurance company can exclude because of a pre-existing condition. These situations are very fact specific, depending on whether you have had a gap in insurance coverage and when you were last treated for the condition. The attorneys at Lewis & Kappes can advise you as on these issues in order to help you receive the insurance coverage you are entitled to.

Call to schedule a free consultation.