For additional information concerning Medicaid and public benefits planning, visit: NJ Medicaid and Public Benefits Planning read more →

In this case, a New Jersey appeals court held that a Medicaid applicant’s transfer of her home to her adult child who lived with and cared for her for many years was entitled to Medicaid benefits under the “caretaker child” exemption to the transfer of assets rules even though the child worked full-time outside the.. read more →

This week, the Centers for Medicare & Medicaid Services (CMS) published revised guidelines for nursing home visits during the pandemic. The new recommendations are the first revision to the federal government’s nursing home guidance since September 2020. They are effective immediately. The new recommendations allow indoor and outdoor visits for all residents, except in limited.. read more →

Listed below are the top ten (10) thirteen (13) posts on the Vanarelli Law Office blog with the highest readership in 2020, as measured by the number of “unique page views” of each blog post. The title of each article is hyperlinked to the original posting on the blog so that each article is accessible.. read more →

A New York appeals court held that transfers made by a Medicaid applicant before she was diagnosed with Parkinson’s disease were not transfers for less than market value subject to penalty because the transfers were made as part of a history of gifting to her children done exclusively for a purpose other than to qualify.. read more →

For additional information concerning New Jersey elder law, visit: NJ Elder Law and Estate Planning Services read more →

In New Jersey, services for the intellectually and developmentally disabled are provided by the Division of Developmental Disabilities (DDD), a division of the state Department of Human Services. DDD funds services and supports for eligible disabled individuals. These services are offered in the community by more than 200 agencies or by more than 600 individuals.. read more →

Under COVID-19 legislation, a one-time direct payment of $1,200 was paid to individuals earning less than $75,000 per year ($150,000 for couples who file jointly), including beneficiaries of Social Security and Supplemental Security Income (SSI) benefits, Medicaid benefits and other public benefits based upon financial need. Individuals earning up to $99,000 ($198,000 for joint filers).. read more →

For additional information concerning Medicaid applications and appeals, visit: NJ Medicaid Applications read more →

An appeals court held that an agreement to apply for Medicaid benefits for a nursing home resident made by the resident’s guardian or family members may be legally enforceable by the nursing facility in which the resident resides. Pine Brook Care Center v. D’Alessandro, Docket No. A-3197-18T1 (NJ Appellate Division, November 23, 2020) In April.. read more →

On October 15, 2020, Attorney Donald D. Vanarelli, Esq. presented a live Webinar in which attendees learned how to Protect their Assets from the Catastrophic Costs of Probate, Long-Term Care and Nursing Home Expenses. Webinar Topics Included: Care options and typical costs of care in New Jersey in various settings. How to qualify for government.. read more →

For additional information concerning elder abuse actions, visit: Will Contests, Probate Litigation and Elder Abuse Actions   For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services   For additional information concerning Medicaid and public benefits planning, visit: NJ Medicaid and Public Benefits Planning read more →

The Seventh Circuit vacated a district court decision that allowed an Indiana Medicaid recipient to hire her own in-home health care providers as a reasonable accommodation under the Americans with Disabilities Act, holding that more evidence was needed to determine if the recipient’s request can be granted consistent with federal requirements for funding. Vaughn v. Walthall (U.S… read more →

The Director of the Medicaid agency in New Jersey held that income in a Qualified Income Trust which was used to pay the room and board fee for a resident of an assisted living facility was not countable in determining the resident’s eligibility for Medicaid benefits. H.H. v. Monmouth County Board of Social Services – Final.. read more →

New York was the only state that didn’t have a look-back period for Medicaid home care, but that is now changing. New York Medicaid applicants will no longer be eligible for home care if they gave away assets within 30 months of applying. Medicaid, unlike Medicare, is a public benefit program based upon financial need,.. read more →

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 →