Category

Care Facilities
09
Feb

CCRC Residents Breached Admission Agreement by Applying for Medicaid before Spending Down Assets

February 9, 2015
A New York trial court ruled that residents of a continuing care retirement community (CCRC)...
13
Jan

Medicaid Granted Though Spouse Gambled Away Substantial Inheritance, Leaving Applicant Impoverished

January 13, 2015
An Administrative Law Judge found a Medicaid applicant eligible for benefits even though the applicant...
09
Jan

Understanding Pre-Admission Screening

January 9, 2015
To be eligible for Medicaid, applicants must meet two requirements: financial requirements and medical requirements....
11
Nov

With Upcoming Major Overhaul of Medicaid, Managed Long Term Services and Supports Debuts in New Jersey

November 11, 2014
As discussed in a prior blog post, a major overhaul of Medicaid will be introduced...
20
Oct

Medicaid’s Filing Deadline For An Appeal Can Be Extended Based On “Extraordinary And Extenuating Circumstances”

October 20, 2014
An appeal of a claim for Medicaid benefits that was filed late may be considered...
03
Sep

Appeals Court Affirms Penalty, Ruling Gifts Not Made Exclusively for a Purpose Other than to Qualify for Medicaid

September 3, 2014
Gifts made during the Medicaid look-back period result in a penalty, or period of ineligibility,...
28
Aug

New Jersey Planning to Eliminate the Income Cap for Home-and-Community Medicaid

August 28, 2014
The Medicaid programs in New Jersey which help residents pay long-term care costs are about...
21
Aug

Nursing Home Resident’s Child Who Signs Admission Agreement As “Responsible Party” Can Be Sued For Services Rendered To Resident

August 21, 2014
A nursing home resident’s adult child who signs an admission agreement as the “Responsible Party”...
07
Jul

Nursing Home Resident’s Federal Lawsuit Survives Facility’s Motion to Dismiss

July 7, 2014
In the May 30, 2014 Kongtcheu v. Secaucus Healthcare Center decision, the United States District...
26
Jun

GAO finds 5% of Applicants Transferred Assets for Less Than Fair Market Value to Qualify for Nursing Home Medicaid

June 26, 2014
On June 23, 2014, the Government Accountability Office (GAO) released its report, Financial Characteristics of...
10
Jun

Court Denies Preliminary Injunction to Prevent New Jersey Medicaid from Counting Annuity as Available Resource

June 10, 2014
A federal district court in New Jersey ruled that a Medicaid applicant was not entitled...
22
May

Federal Court Rules No Private Right to Sue under Nursing Home Reform Act

May 22, 2014
A United States District Court recently ruled that a nursing home resident does not have...
04
May

12 Things You May Not Know About The Affordable Care Act

May 4, 2014
The Affordable Care Act (ACA) is an historic effort by the government to extend medical...
25
Feb

CMS Provides Guidance on Application of Medicaid’s Estate Recovery and Asset Transfer Rules to Medicaid Recipients Eligible Under The Affordable Care Act

February 25, 2014
The Centers for Medicare and Medicaid Services (CMS) has released a letter (CMS Letter SMD-14-001)...
09
Feb

NJ Resident Found Eligible For Medicaid Despite Making A Gift And Owning An $80,000 Annuity

February 9, 2014
For the first time, the Division of Medical Assistance and Health Services (DMAHS), New Jersey’s ...
17
Nov

Court Denies NJ’s Motion To Dismiss Federal Class Action Lawsuit Alleging State Improperly Counted VA Pension In Denying Medicaid Eligibility

November 17, 2013
In a recent opinion, Hon. Robert B. Kugler, United States District Judge for the District...
12
Nov

New Hampshire Law Gives Nursing Homes the Right to Sue Fiduciaries and Recipients of Gifts from Facility Residents

November 12, 2013
The New Hampshire legislature has enacted a new law that allows nursing homes to sue...
03
Sep

Appellate Division Rules Nursing Home Waived Right To Compel Arbitration In Defense Of Negligence Claim By Estate Of Former Resident

September 3, 2013
In an August 29, 2013 unpublished decision, the Appellate Division considered and affirmed the trial...
23
Jul

Guardian Who Provided Care To Ward in Ward’s Home, Refusing To Place Ward in Nursing Home Against Her Wishes, Found Not Guilty of Neglect

July 23, 2013
Reversing state agency and appeals court rulings, the highest court of the State of Washington...
22
Jul

Federal Court Enjoins New Jersey From Counting Annuity Owned By Medicaid Applicant’s Spouse As An Available Resource

July 22, 2013
A federal district court judge in New Jersey granted a Medicaid applicant’s motion for a...
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