For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services read more →

E.H., a 78 year old female, received $1,471.50 in monthly social security benefits. On April 1, 2019, E.H.’s checking account, contained $1,991.78. On April 4, 2019, E.H. applied for benefits under New Jersey’s Family Care Aged, Blind and Disabled Medicaid program. As part of her Medicaid application, E.H. submitted a pre-paid burial contract. Although pre-paid.. read more →

 Upcoming FREE Webinar Learn How to Protect Your Assets from the Catastrophic Costs of Probate, Long-Term Care and Nursing Home Expenses Date: October 15, 2020 at 4:00 PM Eastern Time (expected to last approximately 2 hours, depending on Q & A) Attorney Donald D. Vanarelli, Esq. will present at the Live Webinar. Don is a.. read more →

For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services read more →

The New Jersey Director of Medicaid approved the transfer of an applicant’s home to a “caregiver child” who worked full-time because the applicant qualified medically for comprehensive home-based services under the Medicaid program. A.H. v. Bergen County Board of Social Services, OAL DKT. NO. HMA 09215-19 (June 26, 2020) When she was 92 years old,.. read more →

An Ohio appeals court dismissed a nursing home’s lawsuit to recover a resident’s unpaid fees from his son who signed an admission agreement as his father’s agent under a power of attorney. Village at the Greene v. Smith (Ohio Ct. App., 2d, No. 28762, August 14, 2020). On June 22, 2018, Robert Smith (“the father”) granted.. read more →

The Director of New Jersey’s state Medicaid agency overturned prior decisions to find that, when a Medicaid applicant resides in his or her home, the date on which the applicant is found clinically eligible for Medicaid benefits is the date the Mediciad agency should use in determining financial eligibility. S.W. v. Cumberland County Board of.. read more →

A New Jersey appeals court upheld a Medicaid penalty period imposed on a nursing home resident who, prior to admission, paid home health care aides via checks payable to “cash” without written contract, and didn’t prove that the rates paid to the aides were for fair market value. D.Z. v. Ocean County Board of Social.. read more →

For additional information concerning nursing home law and litigation, visit: Nursing Home Law and Litigation For additional information concerning elder abuse actions, visit: Will Contests, Probate Litigation and Elder Abuse Actions read more →

The New Jersey appellate division sustained the denial of Medicaid benefits based upon the applicant’s failure to submit documents necessary to verify his eligibility. Even though the Medicaid applicant was incapacitated due to dementia, could not speak, and whose agent under his power of attorney failed to assist, the court held that the Medicaid agency.. read more →

Do you have evidence of misconduct involving a New Jersey nursing home or other long-term care facility during the COVID-19 outbreak? Now you have a chance to report the misconduct to New Jersey’s Attorney General. On April 16, 2020, New Jersey Attorney General Gurbir S. Grewal announced that the Office of the Attorney General had opened.. read more →

The Centers for Medicare & Medicaid Services (CMS) sent a news alert recently recognizing that some nursing homes are seizing residents economic impact payments (or “Stimulus Checks”) authorized under the CARES Act.  CMS confirms that this practice is prohibited, and nursing homes that seize these payments from residents could be subject to federal enforcement actions,.. read more →

For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services   For additional information concerning Medicaid applications and appeals, visit: NJ Medicaid Applications read more →

For additional information concerning estate planning and administration, visit: Estate Planning and Administration For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services read more →

The Quick Guide for Families summarizes the information in the Policies and Procedures Manuals prepared by the New Jersey Department of Human Services’ Division of Developmental Disabilities (DDD) for the DDD’s Medicaid waiver programs, the Supports Program and Community Care Program. The Quick Guide summarizes the eligibility rules and regulations governing the Supports Program and.. read more →

The Centers for Medicare & Medicaid Services (CMS) announced new guidance for state and local officials to ensure the safe reopening of nursing homes across the country. The guidance details critical steps nursing homes and communities should take prior to relaxing restrictions implemented to prevent the spread of COVID-19, including rigorous infection prevention and control, adequate.. read more →

Many guardians are wondering how the COVID-19 pandemic will impact their responsibilities. The National Guardianship Association, the American Bar Association Commission on Law and Aging, and the National Center for State Courts have worked together to develop a list of “Frequently Asked Questions” or FAQs. Throughout the list of FAQs, they have provided suggestions and.. read more →

Recently, the Centers for Medicare & Medicaid Services (CMS) released a new toolkit which was developed to provide nursing homes, Governors, states, departments of health and other agencies overseeing these facilities with additional resources to aid in the fight against the COVID-19 pandemic within nursing homes. The toolkit is comprised of best practices from a variety.. read more →

For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning read more →

The decedent was admitted to the defendant facility, Regency Heritage Nursing and Rehabilitation, in 2013. On the admission date, her daughter accompanied her to the nursing home. The daughter alleged that she was separated from her mother and brought to a conference room, where she was presented with a stack of documents to sign. She.. read more →

For additional information concerning estate planning and administration, visit: Estate Planning and Administration For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services   read more →

This promotional video is presented as an introduction to the “Estate and Disability Planning” Video Series Program. “Estate and Disability Planning” is a 4-part video series presented by noted Certified Elder Law Attorney and Accredited Veterans Attorney Donald D. Vanarelli, Esq. The video series covers a number of crucial elder law topics for New Jersey.. read more →

Today, the Centers for Medicare & Medicaid Services (CMS) issued a press release announcing new regulatory requirements that will require nursing homes to inform residents, their families and representatives of COVID-19 cases in their facilities. In addition, CMS will now require nursing homes to report cases of COVID-19 directly to the Centers for Disease Control and.. read more →

This promotional video for the Nursing Home Resident Rights Video Series was presented by noted Certified Elder Law Attorney, Donald D. Vanarelli, Esq., as part of The Medical Side of Elder Law Lecture Series. The Medical Side of Elder Law program was sponsored by the New Jersey Institute for Continuing Legal Education (NJICLE), in association.. read more →

For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning read more →