Timothy P. Leahy, Maryland & Washington D.C. Attorney, can be contacted at (703) 850-7055.

As Sandhya Somashekhar of the Washington Post pointed out on January 23^rd, if your health insurance is through Medicaid, in certain states, including Maryland, the government can recoup its medical costs (including premium subsidies to low-income citizens) by putting a lien on your property and collecting it from your probate Estate after you die. The Maryland regulation defining when Maryland can lien your property is COMAR (Code of Maryland Regulation) 10.09.24.08.24.15 A-3. “Regulations and Recoveries.” In Maryland these “payback” claims include recipients of “community” Medicaid who received benefits after they were age 55.

As a practical matter this means that the house you wanted to pass on to your children may instead have to be sold to repay the government for any money that it paid for your medical care or which it gave you as an subsidy to lower the cost of your insurance premium.

Under the 1993 changes to Medicaid the states have the option of recovering the benefits you received for routine medical care. The argument being that if the government gave you a benefit you should pay it back if you are able.

As the Washington Post points out, one perceived problem with the new law is that the people who qualify for Obamacare’s expanded Medicaid coverage must enroll in Medicaid. These people do not have the option of getting a tax subsidy to purchase insurance on the open market. In essence, if you earn less than $45,960 per year you have to accept Medicaid coverage and the potential that the government will seize your assets after death. Someone who earns more than$45,960.00 can get a tax subsidy, buy insurance on the open market, and not worry about the government seizing their assets after death.

The practical take-away from the implementation of Obamacare is that Estate planning may be more important than ever. The new law may have financial consequences for you and your family that won’t be seen until after you die. Proper planning can make sure that you and your family have both health insurance and the ability to pass on family assets after death.

As the pictured road sign suggests, Cyclists love to say “Share The Road” as on any road they are legally allowed to ride as they have as much right to the roadway as a car. Cyclists will generally hug the side of the road as most cars will try to pass the much slower bike rider. But this creates a huge risk of potentially catastrophic injury to the cyclist. When a several thousand pound car hits a couple hundred pounds of rider and bike the rider will go flying. We’re going to see more of these “Share the Road” or “May Use Full Lane” signs (this one on Rossback Road in Anne Arundel County) – which are already popping up here in Maryland – because of the emphasis on green transportation. To avoid more accidents like happened to my client it can’t hurt to be reminded that the rules of the road apply to cyclists, too.

I was recently reminded of this when a client riding his bike, and staying to the side of the road even though he had right of way, was hit by a car that simply turned into him. He was pretty badly injured and would have been hurt more if he hadn’t been wearing his helmet. I’m not sure that the driver of the car who hit him appreciated the fact that the bicycle had right of way and that it was the driver’s responsibility not to pass or, to not hit the bike if he was going to pass within the same lane of traffic. But it was and the driver of the car was responsible for the medical bills, therapy, lost wages, pain & suffering of the cyclist – and had to buy him a new bike. Just as if the driver had hit another car in the road.

So share the road and watch out for the bikes that may be using the full lane. They’re allowed.

I’ve been a fan of Christmas in April, and the hard work they do,  since I first started working with them back in the 1980s. It is inspiring to see a community come together, to literally work together, and to transform a home to help out our neighbors who can’t do it for themselves.

Every charity needs funds. Christmas in April raises money to buy the home improvement supplies necessary to fix homes. Christmas in April for Prince George’s County is having a lunch on October 7th or 8th, between 11am – 9 pm, at Topolino Italian Cuisine & Buffet, 6320 Old Branch Avenue, Camp Springs, MD, 301-449-6160.

If you mention Christmas in April a portion of your bill will be donated to  Christmas in April for Prince George’s County. Any support will be appreciated, not just by Topolinos or Christmas in April, but by our whole community.

Detroit’s bankruptcy struck me as a shock to the financial plans of all of the City’s retirees and pensioners. The huge backlash against Detroit is because it has filed bankruptcy in, primarily, an effort to cut the pensions of its employees and retired employees.

Workers in the private sector have had to deal with fears of underfunded pension funds for some time. Many people worry whether social security benefits will be cut by the time they are eligible to receive them. What’s different with Detroit is that people have long believed that government pensions were safe and they had little to worry about.

The message I think people should receive is to plan for your retirement. Whether or not you consult an Estate Planning attorney, everyone now has to consider how safe are their assets? How can they make sure they have enough money for retirement. Even if they work, or worked, for the government.

Christmas in April is a national organization that helps the poor, the elderly, and others who can’t help themselves or maintain their homes. I’ve worked with them through St. Matthews since I was young. Charity is an important value to install in a person’s life. Donating money is always appreciated, and I urge people to do that to help purchase supplies, and you also have the opportunity with Christmas in April to meet the people who need help and to help them  “hands on”.

On April 20th my son James and I worked with other volunteers at the Christmas in April warehouse to ensure that all 83 houses that were being worked on in Prince George’s County the next week had all of the building supplies necessary to do the planned repairs. It was James first year helping and I think he learned a lot from getting involved.

On April 27th, me and both my sons, James and Connor, were on hand at a home in Suitland to work with the Prince George’s County Bar Association, Maryland Park and Planning, and the County Executive’s Office to perform carpentry repairs, install doors & appliances, as well as dig out a rocky garden, mulch, and repair fencing. Connor has been involved for years. The result was a beautiful yard and a home that was in much better repair than before. In addition to thanking everyone from the County and other volunteers who helped make such a direct impact in the lives of our Prince George’s County neighbors I wanted to observe with pride that my sons worked as hard as I’ve ever seen them, cooperatively & together, and together felt an appreciation for helping others.

Charity is not just for the needy. It makes us all better people.