The Second Circuit Court of Appeals ruled that until a patient is formally admitted to a hospital as an inpatient, the clock does not begin to run on Medicare’s three-day hospital stay requirement to qualify for skilled nursing facility coverage. estate-of-landers-v-leavitt (2nd Cir., No. 06-4921-cv, Oct. 1, 2008). Marion Landers, along with several other.. read more →
An article in the October 9th edition of The Wall Street Journal discussed estate planning for disabled children and adults with special needs. According to the WSJ, more than 41 million Americans, or almost 15% of the population, have some type of disability. In addition, 6.2% of children ages 5 to 15, or 2.8 million.. read more →
On September 30, 2008, NJ Administrative Law Judge Stephanie M. Wauters issued a written opinion in a case entitled E.S. vs. Division of Medical Assistance and Health Services and Monmouth County Board of Social Services, OAL Docket No. HMA 14-08, ruling that the payments to a nursing home for care by a Medicaid applicant’s son.. read more →
A final rule that would allow more Medicaid beneficiaries to be in charge of their own personal assistance services, including personal care services, instead of having those services directed by an agency, was announced on September 29, 2008 by the Centers for Medicare & Medicaid Services (CMS). The rule guides states who wish to allow.. read more →
The word is really starting to get out about the collaborative divorce process! The October 17th edition of the Family Circle Magazine has a GREAT article on collaborative divorce entitled “The Friendly Divorce”. The article identifies four (4) benefits to couples who choose to divorce using the collaborative divorce process: Less Bitterness; Lower Expenses; Quicker Results; and, a Custom Solution… read more →
In a trio of cases which were consolidated because the cases presented a common question of law, NJ Administrative Law Judge Joseph A. Paone recently ruled that a Medicaid applicant’s prepayment for personal care services to be provided in the future by a family member under a Life Care Contract constituted a transfer of assets.. read more →
A New Jersey appeals court overturned the dismissal of a lawsuit alleging that the defendants improperly created a supplemental needs trust, allowing the defendants limited access to the plaintiff’s psychotherapy records in order to rebut her claim that the trust’s settlor did not think she needed a trust. Laubach v. Quinn (N.J. Super. Ct. App… read more →
Technorati, the internet search engine that indexes and searches blogs, also analyzes the trends and themes of blogging. In its State of the Blogosphere 2008 annual report, Technorati reported that it indexed 133 million blogs since 2004, and has tracked blogs in 81 languages. Technorati concludes that this global phenomenon accounts for close to one.. read more →
More than 91 % of U.S. nursing homes were cited last year for violating at least one federal health and safety law in each of the past three years, the-new-york-times reported recently. During the same time period, a greater percentage of for-profit nursing homes were cited for violations than not-for-profit and government nursing homes. About.. read more →
A New York appeals court held that a community spouse is entitled to an increased minimum monthly maintenance needs allowance (MMMNA) because her basic monthly expenses are almost double her monthly income and therefore qualify as “exceptional circumstances” necessitating access to her husband’s income. Matter of Balzarini v. Suffolk County Dept. of Social Servs. (N.Y… read more →
The Center for Medicare and Medicaid Services (“CMS”) states that the Deficit Reduction Act of 2005 (Pub. L. No. 109-171, 120 Stat. 4, 151) (“DRA”) does not permit a person to receive benefits under a Medicaid waiver program (including assisted living facility Medicaid) if there has been a transfer of assets within sixty months of the.. read more →
I am happy to report that, as of September 19, 2008, I am an accredited attorney for “the preparation, presentation and prosecution of claims for veterans benefits before the Department of Veterans Affairs (VA).” The purpose of VA’s accreditation program is to ensure that claimants for VA benefits receive qualified assistance in preparing and presenting.. read more →
In this divorce case, the trial court denied the defendant ex-husband’s post-divorce-judgment motion in which defendant sought (1) to terminate his alimony and child-support obligations, (2) relief from his obligation to maintain life insurance for the benefit of the parties’ children, and (3) a credit for Social Security benefits received by the plaintiff ex-wife for.. read more →
Fast Facts & Figures answers the most frequently asked questions about the programs administered by the Social Security Administration (SSA). It highlights basic program data for the Social Security (retirement, survivors, and disability) and Supplemental Security Income programs. Most of the data comes from the Annual Statistical Supplement to the Social Security Bulletin, which contains.. read more →
Medicare’s monthly premium will be unchanged at $96.40 next year for most of the 44 million beneficiaries in the U.S. health program for the elderly and disabled. This is the first time in eight years the rate won’t rise. Medicare fees will stay the same partly because the program’s reserves have increased, according to a.. read more →
People who carefully prepare for mediation usually achieve better results than those who do not. This may seem obvious, but it is a fact that most lawyers and clients enter mediations unprepared or only partially prepared. Knowledge equals power in the mediation arena, as in most pursuits, and thoroughly prepared participants tend to overwhelm less.. read more →
T.H. was a fifty-five year old man who suffers from Asperger’s Syndrome, a developmental disability. T.H. was cared for by his parents his entire lifetime. After T.H.’s parents died, T.H.’s family applied for services on his behalf pursuant to N.J.S.A. 30:4-25.2 from the Division of Developmental Disabilities (“DDD”). DDD staff interviewed T.H. and his family… read more →
The U.S. Department of Health and Human Services has issued a new notice addressing the problems that occur when a Medicaid applicant purchases a long-term care insurance “partnership” policy in one state and then applies for Medicaid in another state. See, 73 Fed. Reg. 51302-51305 (2 Sept 2008), available here. The Deficit Reduction Act of.. read more →
New Jersey’s Office of Administrative Law recently issued a significant ruling that may make it easier to qualify for Medicaid. In K.R. vs. Somerset County Board of Social Services, O.A.L Docket No. HMA 12343-07 (Aug. 25, 2008), New Jersey’s Office of Administrative Law ruled that an account titled to a Medicaid applicant “or” another person.. read more →
(I acknowledge with appreciation the Academy of Special Needs Planners website and the resources available to members which I used to compile the following list of links.) PRIMARY SOURCES: Social Security Administration’s Main Page: Social Security Online – The Official Website of the U.S. Social Security Administration Social Security Administration’s “Our Program Rules” compilation of.. read more →
Actually, I could only find 9 blogs in the entire State of New Jersey covering elder law issues. A list of these 9 New Jersey elder law blogs follow, in no particular order: Elder Law Today Podcast by Yale S. Hauptman, Esq. Yale is the founder of his own law firm, Hauptman & Hauptman, P.C.,.. read more →
Aging Well magazine, which is for “Professionals Promoting Positive Aging,” recently published an article I wrote on elder mediation, entitled “Keeping Family Peace Through Elder Mediation.” The article can be found here – “Keeping Family Peace Through Elder Mediation.” read more →
Trials, as a method of dispute resolution, have been trending downward for years. For example, the number of tort trials in the federal courts declined by 80% from 1985 to 2003. Of the 98,786 tort cases resolved in federal court in 2002 and 2003, only 1,647, or 1.7%, were decided by trial. The other 98.3%.. read more →
Nina Weiss, Esq., an attorney/mediator and partner with the law firm of Serra/Weiss in Princeton, NJ, is a founding member of the Elder Mediation Center of New Jersey (EMCNJ). Mediator Weiss was quoted in the March 2, 2008 edition of The Wall Street Journal in an article describing the growing recognition and use of elder.. read more →
(I am happy to introduce my first guest blogger, Marcie D. Cooper. Marcie is a geriatric care manager with several advanced degrees and licenses, such as an MSW, LCSW, and C-ASWCM. She is the owner of her own care management company, aptly named Marcie Cooper Care Manager, LLC, located in Fair Lawn, NJ. I have.. read more →
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