"A federal law that made it illegal to advise people how to shed assets to qualify for Medicaid is unconstitutional, a federal judge ruled yesterday." The judge barred the federal government from enforcing the law. This, it is hoped, marks the end of a two-year saga. Although the Justice Department still might appeal.

Originally the Kennedy-Kassebaum health care bill of 1996, that is best known for increasing insurance portability, included provisions that criminalized knowingly and willfully transferring assets for the purpose of becoming Medicaid eligible. In 1997 this was repealed and replaced with a law that instead criminalized the act of providing paid advice as to how to shelter assets. Critics called it a violation of free speech and stated that it made it illegal to give advice on how to do something that is legal." -9/23/98