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 →

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 →

On June 27, 2017, D.A., through his Designated Authorized Representative (DAR), applied to the Burlington County Board of Social Services, the county welfare agency (CWA), for nursing home Medicaid benefits. Prior to submitting the Medicaid application, D.A.’s nursing facility requested pre-admission screening (PAS) on D.A.’s behalf in May 2017 to establish D.A.’s clinical eligibility for.. 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 →

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 →

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 →

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 →

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 →

_______________________________________________ ABOUT DONALD D. VANARELLI Donald D. Vanarelli has been a practicing attorney since 1983 in New Jersey and New York. Don provides legal services in the areas of elder law, estate planning, trust administration, special education, special needs planning and trial advocacy, including probate litigation, will contests, contested guardianships and elder abuse trials. Don is.. read more →

M.K. resided in an assisted living facility (ALF) since 2006. She applied for Medicaid benefits and was approved as of May 1, 2015. Due to the income limitations of the Medicaid program, M.K. deposited all of her income in a Qualified Income Trust, or QIT. By doing so, income deposited in the QIT was not.. read more →

Nursing home care is growing ever more expensive. Contact your elder law attorney to learn how you can protect some or all of your family’s assets. For the first time, the median cost of a private nursing home room in the United States increased to $100,375 a year in 2018, up 3 percent from 2017,.. read more →

If an applicant for Medicaid signed a contract with an assisted living facility agreeing to a pay privately for a period of time, any penalty resulting from a transfer of assets cannot begin until the end of the private pay period, even if the applicant is otherwise eligible for benefits. B.K. v Division of Medical.. read more →

A New Jersey appeals court ruled that the State must hold a full evidentiary hearing before rejecting the claim of an assisted living facility resident who wanted to deduct the cost of a full-time aide from the income she paid to the facility. G.F. v. Division of Medical Assistance and Health Services (N.J. Super. Ct., App… read more →

Some states make it harder for those caring for an aging parent, according to a new survey by Caring.com.  While some states were praised for providing an affordable and helpful environment for caregivers, other states ended up at the bottom of the affordability list. “It hasn’t always been so expensive, but the cost of caring.. read more →

A New Jersey appeals court held that a Medicaid application was properly denied when the applicant did not submit all the financial information and documents requested by the Medicaid agency. P.N. v. Division of Medical Assistance and Health Services (N.J. Super. Ct., App. Div., No. A-2025-15T2, July 28, 2017). P.N. resided in an assisted-living facility. Based.. read more →

The federal Nursing Home Reform Law was enacted in 1987, and became effective in October 1990. The Reform Law governs any nursing facility that accepts reimbursement from Medicare or Medicaid, and applies to all residents in any such facility, regardless of the individual resident’s payment source. In other words, the law applies whether the resident’s.. read more →

The New York State Bar Association has issued a brochure to help consumers understand the benefits of utilizing an elder law attorney to assist (1) in the preparation of Medicaid applications and (2) in planning for yourself or a loved one to protect assets when seeking eligibility for public benefits based upon financial need. The.. read more →

Nancy Gimenez-Watson was a resident of Brighton Gardens of Edison, an assisted living facility (ALF) operated by Sunrise Senior Living and its parent company. Mrs. Watson was in the “Reminiscence Plus” program for residents diagnosed with Alzheimer’s disease or dementia. In April 2008, Mrs. Watson choked on her food. After a Brighton Gardens nurse administered.. read more →

In Singer v. Emeritus Senior Living Center, following a series of falls and the later death of Elizabeth Singer, her family sued the Emeritus Senior Living Residence, claiming that the last of those falls led to Mrs. Singer’s cognitive decline and hastened her death. Plaintiff’s expert was a board certified psychiatrist. At the conclusion of.. read more →

To be eligible for Medicaid, applicants must meet two requirements: financial requirements and medical requirements. I’ve posted many articles on this blog over the years discussing the financial requirements of the Medicaid program in New Jersey, and offering various strategies to accelerate financial eligibility for the program. However, I have surprising few posts discussing Medicaid’s.. read more →

As discussed in a prior blog post, a major overhaul of Medicaid will be introduced in New Jersey in the coming months. The new Medicaid program is called Managed Long Term Services and Supports (MLTSS). The MLTSS implementation date has been repeatedly adjourned, and the next date scheduled to put the new program into effect.. read more →

The Medicaid programs in New Jersey which help residents pay long-term care costs are about to get a major overhaul. Currently, there are three (3) Medicaid programs in New Jersey that pay for long-term care costs. The Medicaid-Only Medicaid program pays the costs of caring for nursing home residents. A companion program, Global Options for.. read more →

The Affordable Care Act (ACA) is an historic effort by the government to extend medical insurance coverage to all Americans, increase the quality of care, increase accountability, and reduce cost. It’s been said that the ACA changes the relationship between government, health care providers and all who receive health care in the U.S. However, at.. read more →