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

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

Recently, CMS Issued New Guidance for Unrestricted Visitation in Nursing Homes During the COVID-19 Public Health Emergency Nursing homes have been severely impacted by COVID-19, with outbreaks causing high rates of infection and death. In March 2020, the Centers for Medicare & Medicaid Services (CMS) issued a memorandum providing guidance to facilities on restricting visitation.. read more →

L.C. and his spouse R.S. sold their marital residence, and gave the proceeds of sale and other cash gifts to their daughter V.R. and her husband I.R. The total amount gifted was $435,000. V.R. and I.R. used the gifted assets to purchase a home. L.C. and R.S. lived at this home with V.R. and I.R… read more →

C.H., a resident of a long-term care facility, filed an application for nursing home Medicaid benefits. The Medicaid agency requested additional financial documentation from petitioner and petitioner’s designated authorized representative (DAR). The applicant’s DAR experienced repeated difficulties in obtaining the financial information requested by Medicaid. During those efforts, the DAR and the Medicaid caseworker exchanged.. read more →

New Jersey appeals court affirmed denial of Medicaid application for failure to verify recurring bank transactions on applicant’s bank statements even though the transactions may have been part of a scam. G.M. v. Division of Medical Assistance and Health Services (N.J. Super. Ct., App. Div., No. A-0433-19, June 16, 2021). G.M. was eighty-three years old, suffered.. read more →

In this case, the Massachusetts Supreme Judicial Court held that property in an irrevocable trust is not countable by Medicaid even if the grantor/applicant retains a limited power of appointment over the property in the trust. Patricia A. Fournier vs. Secretary of the Exec. Office of Health & Human Services (SJC-13059, July 23, 2021) (SJC-13059,.. read more →

For additional information concerning nursing home law and litigation, visit: Nursing Home Law and Litigation For additional information concerning probate litigation and will contests, visit: NJ Will Contests and Probate Litigation read more →

R.M. applied for nursing home Medicaid benefits to the State Medicaid agency, the Division of Medical Assistance and Health Services. The Division denied the application because she failed to provide necessary financial verifications. R.M. appealed the denial, and the Division conducted a fair hearing. As a result, the Division gave R.M. additional time to supply.. read more →

For additional information concerning nursing home law and litigation, visit: Nursing Home Law and Litigation For additional information concerning probate litigation and will contests, visit: NJ Will Contests and Probate Litigation read more →

For additional information concerning elder mediation and other conflict resolution strategies, visit: Resolving Conflicts Through Collaborative Law read more →

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 →

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 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 →

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 →

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 →

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 →