In an August 10, 2010 opinion that was approved for publication, the New Jersey Appellate Division addressed the Federal Arbitration Act (“FAA”) and its impact on New Jersey’s Nursing Home Responsibilities and Rights of Residents Act (“Residents’ Rights Act”). Estate of Ruszala v. Brookdale Living Communities, Inc., No. A-4403-08T1 (N.J. Super. App. Div. Aug. 10,.. read more →
The New Jersey Department of Military and Veterans Affairs owns and operates three nursing homes in New Jersey, referred to as the New Jersey Veterans Memorial Homes (“NJ Veterans Nursing Homes”). The three NJ Veterans Nursing Homes are located in Paramus, Edison and Vineland. These are state facilities, governed by the state regulations found in.. read more →
Soon after the passage of the Deficit Reduction Act of 2005 (DRA), New Jersey’s Division of Medical Assistance and Health Services, the State Medicaid agency, took the position that the penalty period, or period of ineligibility for Medicaid, resulting from transfers made during the look-back period by applicants for home or community – based services.. read more →
Heriberto Pumarejo transferred the ownership of his home to his son, Herbert Pumarejo, Jr., for one dollar. About two years later, Mr. Pumarejo became a patient at the Arnold Walter Nursing Home. Kathryn Pumarejo, Herbert’s wife and the resident’s representative, signed an agreement in which she agreed to pay all nursing home bills that were.. read more →
In what may be considered a victory of judicial deference over equity, this week our Appellate Division affirmed Medicaid’s denial of eligibility to an incapacitated applicant, based on the applicant’s ownership of assets that she was not aware she owned. In W.B. v. Division of Medical Assistance and Health Services (“DMAHS”), No. A-5658-07T1 (N.J. App… read more →
Lately, I have seen a deceptive business practice beginning in New Jersey and the Northeastern states which, until recently, was largely confined to California and other western states. That is, the practice by certain companies of presenting themselves as non-profit organizations dedicated to assisting veterans by offering to prepare a veteran’s application for Aid and.. read more →
(The A.N. case, described below, was decided on administrative appeal in 2007 and affirmed the denial of Medicaid benefits. I represented the Medicaid applicant, A.N. You may ask why I would resurrect an administrative decision more than 2 year old which I lost. It’s a legitimate question. The answer is that I believe the case will.. read more →
[I received the following email from the National Senior Citizens Law Center and affiliated groups concerning a survey being conducted in order to “raise awareness of the issues facing older adults who are lesbian, gay, bisexual and transgender (“LGBT”) and live in nursing homes, assisted living facilities and other long-term care facilities.” Because I believe.. read more →
Each of us who have been forced to admit a loved one into a nursing home or care facility due to chronic long-term illness hopes and expects that he or she will receive good care there. But what does good long-term care look like? Would we recognize good care if we saw it? An interesting.. read more →
Like most other states, New Jersey’s system of regulating assisted living facilities provides little meaningful protection to residents facing involuntary discharge. Federal and state laws give powerful protections to nursing home residents, but not to residents of assisted living facilities, even though New Jersey’s Medicaid program pays for care in assisted-living facilities. As a result,.. read more →
On September 10, 2009, a federal district court in Northern California issued a preliminary injunction blocking significant cuts in California’s Adult Day Health Care program. Due to budget restrictions, up to 8,000 low income elderly and adults with disabilities were alleged to be at risk of institutionalization, hospitalization, injury or death because their daytime health.. read more →
Following is an exchange posted on a electronic bulletin board devoted to the discussion of issues involving pension and compensation claims submitted to the Veterans Administration (VA): Q – How does the VA treat a resident of a continual care retirement community (CCRC) with regard to assets, income, and medical expenses when evaluating a claim.. read more →
The case of Detloff v. Absecon Manor Nursing Center, Docket No. A-5941-07T2 (App. Div., August 4, 2009) arose out of the care and treatment provided to decedent while she was admitted at defendant Absecon Manor, a long-term care facility. Plaintiff, executrix of the estate of Mary Mazzei, filed a complaint alleging nursing malpractice supported by.. read more →
Here is updated information on trends in the characteristics and numbers of nursing home residents in the United States. The Division of Health Care Statistics (DHCS), the National Center for Health Statistics, has announced the internet release of Series 13, No 167 of the National Nursing Home Survey (NNHS) Overview Report for the year 2004… read more →
A national assisted living company broke its promises to elderly New Jersey residents by throwing them out after allowing them to believe they could convert to Medicaid when their life savings were depleted, a report by the state’s Public Advocate has determined. The report concludes that regulations in New Jersey and around the country are.. read more →
Over the past several years, nursing homes have become dumping grounds for young and middle-age people with mental illness, according to Associated Press interviews and an analysis of data from all 50 states. And that has proved a prescription for violence, as Jackson’s case and others across the country illustrate. Younger, stronger residents with schizophrenia,.. read more →
The costs of nursing home care can be deducted on federal individual income tax returns as medical expenses under Internal Revenue Code (IRC) § 7702B because they are considered “qualified long-term care costs”. However, the status of assisted living facility (ALF) costs has not been as clear. To assist readers, below we have summarized an.. read more →
This year, the Guardianship Association of New Jersey, Inc. (GANJI) held its 13th Annual Conference on Guardianship on October 30th at the New Jersey Law Center in New Brunswick, NJ. The conference was entitled “Surrogate Decision-Making: A Holistic Approach.” The Program Schedule is attached here – 13th-annual-conference-on-guardianship-10-31-08. As can be seen, there was a wide.. read more →
The Second Circuit Court of Appeals ruled that until a patient is formally admitted to a hospital as an inpatient, the clock does not begin to run on Medicare’s three-day hospital stay requirement to qualify for skilled nursing facility coverage. estate-of-landers-v-leavitt (2nd Cir., No. 06-4921-cv, Oct. 1, 2008). Marion Landers, along with several other.. read more →
The word is really starting to get out about the collaborative divorce process! The October 17th edition of the Family Circle Magazine has a GREAT article on collaborative divorce entitled “The Friendly Divorce”. The article identifies four (4) benefits to couples who choose to divorce using the collaborative divorce process: Less Bitterness; Lower Expenses; Quicker Results; and, a Custom Solution… read more →
More than 91 % of U.S. nursing homes were cited last year for violating at least one federal health and safety law in each of the past three years, the-new-york-times reported recently. During the same time period, a greater percentage of for-profit nursing homes were cited for violations than not-for-profit and government nursing homes. About.. read more →
The Center for Medicare and Medicaid Services (“CMS”) states that the Deficit Reduction Act of 2005 (Pub. L. No. 109-171, 120 Stat. 4, 151) (“DRA”) does not permit a person to receive benefits under a Medicaid waiver program (including assisted living facility Medicaid) if there has been a transfer of assets within sixty months of the.. read more →
New Jersey’s Office of Administrative Law recently issued a significant ruling that may make it easier to qualify for Medicaid. In K.R. vs. Somerset County Board of Social Services, O.A.L Docket No. HMA 12343-07 (Aug. 25, 2008), New Jersey’s Office of Administrative Law ruled that an account titled to a Medicaid applicant “or” another person.. read more →
(The following is based upon a real discussion that recently took place on an elder law listserv for attorneys. It illustrates the misinformation that is often inadvertently provided to consumers by government agency personnel concerning the availability of and eligibility criteria for needs-based public benefits.) Question: I recently contacted the Veterans Administration (VA) about applying.. read more →
Federal law allows nursing homes to evict residents for six reasons: they are healthy enough to return home; they require care not offered at the nursing home; they risk the health of other residents or staff; they endanger the safety of other residents or staff; they do not pay their bills; or the nursing home.. read more →
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