Category

Care Facilities
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...
10
Jun

Court Finds Medicaid Applicant Who Paid Disabled Daughter’s Rent For Many Years Subject to Penalty Period

June 10, 2013
A Medicaid applicant who made payments to her daughter for more than four years and...
07
Apr

Overview: Continuing Care Retirement Communities

April 7, 2013
Continuing Care Retirement Communities (“CCRCs”) are considered “a viable choice for relatively healthy seniors with...
31
Dec

Niece Who Did Not Sign Admissions Agreement As "Responsible Party" For Aunt Is Not Liable For Aunt’s Unpaid Nursing Home Bill

December 31, 2012
A Rhode Island trial court holds that a niece who signed a nursing home admissions...
20
Dec

New Jersey Increases Medicaid Penalty Divisor, But Artificially Keeps The Rate Far Less Than The Actual Monthly Cost Of Nursing Home Care

December 20, 2012
New Jersey’s Medicaid rules are complicated, and seem like they’re always changing. One such change...
02
Jun

A “Responsible Party” Under A Nursing Home Admission Agreement May Be Sued For Monies Owed To The Facility

June 2, 2012
An appeals court in New Jersey held that a nursing home resident’s adult child who...
10
May

Top 10 States With The Most Expensive Costs For Care In Assisted Living Facilities

May 10, 2012
The cost for care in an assisted living facility (ALF) varies widely throughout the United...
19
Oct

New Jersey Federal Court Rules Life Estate Purchase May Be Uncompensated Transfer, Subjecting Medicaid Applicant to Gift Penalty

October 19, 2011
Federal district court in New Jersey denied a Medicaid applicant’s request for an injunction directing...
19
Sep

Medicaid Eligibility Established Even Though One Spouse Owned Over $300,000 In Countable Resources

September 19, 2011
The Director of New Jersey Medicaid recently decided that, when a couple is institutionalized, the...
12
Sep

In A Medicaid Case, An ALJ's Findings Of Fact Based Upon The Credibility Of Witnesses Cannot Be Rejected Without Proper Cause

September 12, 2011
For most of her life, V.P. resided in her home with her adult son, R.P....
07
Sep

Medicaid Applicant Who Transferred Money To Daughter Months Before Receiving Life Estate In Daughter’s Home Made A Gift And Is Ineligible for Medicaid

September 7, 2011
A New Jersey appeals court held that a Medicaid applicant who transferred money to her...
26
Nov

Ohio Violated Federal Law In Counting Annuity Purchased By Community Spouse

November 26, 2010
Ohio’s First District Court of Appeals has joined other state and federal courts across the...
24
Nov

Court Finds Medicaid Applicant Eligible For Benefits; Her Bank’s Lack Of Cooperation Prevented Applicant From Accessing Her Accounts

November 24, 2010
A.D., a retired physician, began residing at Bergen Regional Medical Center (Bergen Regional), a nursing...
01
Sep

Arbitration Agreements In New Jersey Nursing Home Contracts Are Enforceable, But Some Provisions Are Voidable For “Substantive Unconscionability.”

September 1, 2010
In an August 10, 2010 opinion that was approved for publication, the New Jersey Appellate...
11
Apr

Federal District Court Permanently Enjoins NJ From Imposing “Never Ending” Penalty For Gifts Made By Applicants For Services Under Medicaid Waiver Programs

April 11, 2010
Soon after the passage of the Deficit Reduction Act of 2005 (DRA), New Jersey’s Division...
25
Mar

Son Not Liable For Unpaid Nursing Home Bill Even Though Transfer Of Father’s Home To Son Caused Father To Be Ineligible For Medicaid

March 25, 2010
Heriberto Pumarejo transferred the ownership of his home to his son, Herbert Pumarejo, Jr., for...
26
Feb

Ignorance Isn't Bliss When You Apply For Medicaid

February 26, 2010
In what may be considered a victory of judicial deference over equity, this week our...
08
Feb

Veterans Should Beware Of Companies That Say They Provide Free Assistance With Benefit Claims But Whose Real Goal Is To Sell Annuities

February 8, 2010
Lately, I have seen a deceptive business practice beginning in New Jersey and the Northeastern...
15
Dec

Medicaid Eligibility Denied Based Upon A Home Transfer To A "Caregiver Child" Who Was Employed Full-Time

December 15, 2009
(The A.N. case, described below, was decided on administrative appeal in 2007 and affirmed the...
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