Blog

22
Oct

Medicaid Penalty Resulting From A Transfer Of Assets Cannot Begin Until The End Of The Private Pay Period

If an applicant for Medicaid signed a contract with an assisted living facility agreeing to...
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21
Oct

“Caregivers Neglect Their Own Health” – Article in the Star-Ledger Newspaper on October 18, 2018

The following article appeared in the October 18, 2018 edition of the Star-Ledger newspaper: STUDY...
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21
Oct

Appeal Fails; Unauthenticated Documents Rejected; Medicaid Benefits Denied

B.S. was ninety-two years old and residing in a nursing home when she applied to...
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18
Oct

Guardian Held Personally Liable To Nursing Home For Failure To File A Timely Medicaid Application For Resident

Reversing a lower court, a Connecticut Appeals Court held that the conservator of a nursing...
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17
Oct

SSA Announces 2019 Cost-of-Living Increases for Social Security / SSI Benefits

The Social Security Administration (SSA) has announced the 2019 cost-of-living increases for Social Security and Supplemental Security...
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15
Oct

Director Must Conduct Fact Hearing Before Ruling Against Medicaid Applicant

A New Jersey appeals court ruled that the State must hold a full evidentiary hearing...
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21
Sep

NJ Ombudsman Advises How To “Protect Yourself From Questionable Nursing Home Financial Practices”

For additional information concerning nursing home law and litigation, visit: Nursing Home Law and Litigation
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18
Sep

Big Changes to VA Pension Rules

The Department of Veterans Affairs (VA) needs-based pension program is available to compensate veterans for...
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17
Sep

Federal Court Dismissed Employees’ Claims That They Were Fired For Facebook Posts

In this employment retaliation lawsuit, a federal judge in New Jersey dismissed a lawsuit filed...
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09
Sep

Appeal Dismissed: “The Incomplete Record Before Us Does Not Allow For A Meaningful Review Of [The] Argument.”

The Appellate Division of the Superior Court of New Jersey dismissed this appeal, refusing to...
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06
Sep

Federal Lawsuit Against NJ Officials Barred; Award For Wrongly Denied Medicaid Benefits Would Require Retroactive Payments

A U.S. district court held that a claim by Medicaid applicants against New Jersey officials...
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04
Sep

No Federal Or State Regulation Requires The Medicaid Agency, Rather Than The Applicant Him/Herself, To Verify Medicaid Eligibility

V.S. is a nursing home resident; her adult son is her legal guardian, and she...
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28
Aug

Governor Signs New Law Helping Residents of CCRCs in New Jersey Get Timely Refunds of Entrance Fees

New Jersey recently changed state law governing “refundable” entrance fee agreements used by Continuing Care...
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26
Aug

Love And Care Provided By Nephew Did Not Justify His Failure To Notify Any Beneficiaries Of The Existence Of Aunt’s Will

In 1998, Joan McFadden executed two powers of attorney (POAs) and a Living Will-Durable Health...
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22
Aug

Trial Court Exceeded Authority In Refusing To Fully Fund Special Needs Trust Based On Disagreement With Legislative Policy

After a trial court, expressing its disagreement with the legislative policy underlying special needs trusts,...
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19
Aug

Denial of Medicaid Benefits Affirmed; Denial Notice Sent To Disabled Applicant Rather Than Authorized Representative

An Appeals Court affirmed an agency decision denying a Medicaid applicant’s request for a fair...
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15
Aug

Caring For A Sick Or Disabled Person? What You Need To Know About Obtaining A State Identification Card For A Loved One

Caring for a loved one who is sick or disabled? Learn more about obtaining a...
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14
Aug

From “60 Minutes:” Following A Couple From Diagnosis To The Final Stages Of Alzheimer’s Disease

Almost every year for the past 10 years, since 2008, reporters from the “60 Minutes”...
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13
Aug

Denial Of Medicaid Based On Applicant’s Failure to Timely Provide Irrelevant Information Was “Arbitrary And Capricious”

A.F. is a quadriplegic as a result of an accident that occurred 20 years ago....
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09
Aug

Medicaid Penalty Imposed On Applicant Who Began Paying Her Daughter After Two Years of Free Caregiving

A New Jersey appeals court ruled that a Medicaid applicant who began paying her daughter...
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