H.R., who had significant cognitive and functional deficits, was admitted to the Hammonton Center for Rehabilitation and Healthcare (Hammonton Center). The Hammonton Center filed a complaint seeking the appointment of a guardian for H.R. While H.R.’s guardianship was still pending, the Hammonton Center filed a Medicaid application with the Atlantic County Board of Social Services.. read more →
The Nursing Home Reform Act of 1987 (“NHRA”) was enacted by Congress to provide “sweeping reform” in response to widespread issues of abuse, neglect, inadequate care, and general denial of residents’ basic rights in nursing facilities. Revised regulations for nursing facilities were released by the Centers for Medicare & Medicaid Services (“CMS”) in 2016. These.. read more →
On November 20, 2019, I presented at the 2019 “The Medical Side of Elder Law” seminar given by the New Jersey Institute for Continuing Legal Education at the Hilton/Doubletree Hotel in Fairfield, New Jersey. I presented an overview of the rights of residents of nursing homes and other care facilities under federal and state laws.. read more →
D.N., a 38 year-old man, was seriously injured in an automobile accident, resulting in quadriplegia. D.N. cannot sit, stand, change positions on his own, or move his arms or legs. He needs to be repositioned when he sleeps to avoid bedsores and maintain skin integrity. As a result, D.N. is eligible to receive Medicaid assistance.. read more →
The Medical Side of Elder Law 2019 Location: New Jersey Law Center, 1 Constitution Sq. New Brunswick, NJ 08901 Date: November 20, 2018 Time: 9:00 AM – 4:00 PM ET Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 2019 “The Medical Side of Elder Law” seminar given by the New Jersey Institute for Continuing Legal Education.. read more →
T.M., a 23 year old disabled woman, has spinal muscular atrophy, is paralyzed, and is dependent on a ventilator to breathe. She resides with her grandmother who is also her primary caregiver. For many years, T.M. had been receiving private duty nursing (PDN) and personal care assistance (PCA) services through Medicaid under the Early and.. read more →
H.T. was admitted to a nursing home in Union City, NJ. Soon thereafter, a Medicaid application for the Nursing Home Medicaid program was filed on H.T.’s behalf. Under the Medicaid regulations, applicants for the Nursing Home Medicaid Program must be found clinically eligible to qualify for benefits. After an evaluation by the Medicaid agency to.. read more →
L.A., a nursing home resident, applied for Medicaid benefits to pay for long-term care costs. G.A., L.A.’s husband, and L.A. employed a firm to assist them with the Medicaid application process. Although years before filing the Medicaid application G.A. and L.A. transferred their home into a revocable trust, the firm failed to provide copies of.. read more →
The 2019 “Elder Law in a Day” Seminar: Learn How To Handle Elder Law Issues And Cases Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 2019 “Elder Law in a Day” seminar given by the New Jersey Institute for Continuing Legal Education on January 29, 2020 at the New Jersey Law Center, 1 Constitution.. read more →
Medicaid is a critical lifeline for many low-income, elderly, or disabled New Jersey residents who, without Medicaid, would have no access to health insurance or to a critical source of funds to pay for long-term care costs or nursing home admission. However, the Medicaid eligibility process is incredibly confusing and tedious. Under the current Medicaid.. read more →
E.S. was admitted to Brookdale Assisted Living Facility (Brookdale) in April 2015. E.S. was paying for care privately from her own savings at that time. Realizing in December 2016 that E.S.’s financial resources would cover the cost of care for only a few more months, B.S., E.S.’s daughter and authorized representative, asked Brookdale to start.. read more →
Latest Data Indicate Low Staffing Is Both Persistent and Persuasive Staffing is perhaps the most important factor in a nursing home resident’s quality of care and ability to live with dignity. Staffing is also widely considered to be the most important indicator of a nursing home’s safety and quality. Unfortunately, inadequate nursing home staffing is a.. read more →
Peter and his brother Sheldon are the only children of Anna Biber. Anna owned a home in Morristown, where she lived with Sheldon. In 1994, when Anna’s health began to decline, Peter was appointed her guardian. In 1998, Anna’s healthcare expenses increased significantly. Since his mother had insufficient assets to pay for care, Peter began.. read more →
Lawsuit By Nursing Home Against Daughter of Resident Who Transferred Money to Herself Dismissed
New Jersey appeals court held that a nursing home does not have standing to bring a lawsuit against the daughter/power of attorney of a resident who transferred the resident’s money to herself, causing a Medicaid penalty period. Future Care Consultants v. M.D. (N.J. Super. Ct., App. Div., No. A-4565-17T1, July 5, 2019). M.D. cared for her.. read more →
M.M. filed for Medicaid benefits on three occasions. In June 2018, M.M. filed her first Medicaid application. Benefits were denied due to excess income; that is, her income exceeded the monthly cost of the assisted living facility (ALF) where she resided. She received $6,141.93 per month from an annuity she purchased for $73,673.11 in May.. read more →
N.S., who was 87 years old and residing in a nursing home, submitted an application for Medicaid benefits through his authorized representative, L.P. Prior to his admission to the nursing home, N.S. resided with his wife, D.S., who was 86 years old. For months after the application was filed, the Medicaid caseworker requested additional documents.. read more →
In 1986, Plaintiff Andres Nieves, Sr. purchased a home in Dover, New Jersey (the “home”) with his son, Andres Nieves, Jr. (“Nieves, Jr.”) In 2002, plaintiff suffered a stroke rendering him unable to perform various “activities of daily living” without assistance. Plaintiff resided in the home with his son until he entered a long-term care.. read more →
Z.P. was a resident of Aristacare at Cedar Oaks in South Plainfield, New Jersey. Z.P. filed for Medicaid benefits and was found to be medically and financially eligible as of December 1, 2016. However, Z.P. made transfers for less than fair market value within five years of the application date for Medicaid. As a result,.. read more →
A Texas appeals court held that the state could not count the assets of a Medicaid applicant as “available resources” under the Medicaid rules because the applicant was incapacitated and not able to liquidate the assets. Texas Health and Human Services Commission v. Marroney (Tx. Ct. App., No. 03-18-00190-CV, May 24, 2019). Anna Marroney suffered a.. read more →
Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 2019 “Elder Law in a Day” seminar given by the New Jersey Institute for Continuing Legal Education on July 10, 2019 at the New Jersey Law Center in New Brunswick, New Jersey. Mr. Vanarelli will provide the case law update, summarizing the most significant legal developments.. read more →
J.G., an indigent nursing home resident, applied for Medicaid benefits. While his Medicaid application was pending, J.G. passed away. Thereafter, the Essex County Division of Family Assistance and Benefits, the county welfare agency, denied J.G.’s Medicaid application, concluding he was ineligible as he died before eligibility could be met. Future Care Consultants, J.G.’s designated authorized.. read more →
New Jersey appeals court allows an assisted living facility pursue a tortious interference with contractual relationship claim against a discharged resident’s son after the son refused to move his mother out of the nursing home or allow her to discuss her removal with the facility staff. The Orchards at Bartley Assisted Living v. Schleck (N.J… read more →
Petitioner, J.F., through his daughter and power of attorney, M.P., applied for Medicaid benefits. The county welfare agency requested five years of bank statements from his checking account and told him the application would be denied if the requested information was not provided by April 23, 2015. M.P. asked for an extension of time. In.. read more →
One-third of Medicare beneficiaries experienced harm or adverse events during a nursing facility stay, and about 60% of those instances were preventable, according to reports from the Inspector General of the Department of Health and Human Resources. A new 60-page report from the Centers for Medicare & Medicaid Services (CMS) delves into the steps nursing homes.. read more →
Nursing Home Resident’s Son Who Filed A Medicaid Application Which Was Denied Did Not Breach Admissions Agreement
A New Jersey appeals court held that a nursing home is not entitled to summary judgment in a case alleging breach of the admissions agreement against a resident’s son based solely on the fact that Medicaid denied the resident’s application due to excess resources. Meridian Nursing and Rehabilitation Inc. v. Skwara (N.J. Super. Ct., App. Div., No… read more →
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