Although it is common practice to add the name of a family member to a bank account as a convenience, the existence of a “convenience” account can have negative results when that family member applies for Medicaid benefits. In F.J. v. Division of Medical Assistance and Health Services, the applicant’s daughter testified that she opened.. read more →

A New Jersey appeals court upheld the denial of Medicaid benefits to an applicant who failed to provide necessary verifications, rejecting the claim that the Medicaid agency’s failure to assist with the application prejudiced the applicant. P.B. v. Division of Medical Assistance and Health Services (N.J. Super. Ct., App. Div., No. A-5405-15T2, Dec. 8, 2017). P.B.’s daughter.. read more →

Before Mr. Trotman was admitted to a nursing home, he resided in a home that he owned. He had difficulty maintaining the home and paying the bills, so his daughter began paying his bills in 2007. In December 2011, Mr. Trotman asked his daughter to assume full responsibility for the property, which then was also.. read more →

For additional information concerning New Jersey elder law, visit: NJ Elder Law and Estate Planning Services read more →

Happy Holidays to clients, supporters, friends and readers. Listed below are the ten (10) eleven (11) posts on the Vanarelli Law Office blog with the highest readership in 2017. After each hyperlinked blog post title, the original post date is included. Check out the list to see this year’s highlights. Our sincere thanks for taking.. read more →

Ohio’s highest court suspended an attorney who advised his client to transfer assets in order to qualify for Medicaid and then lied to the state Medicaid agency about whether the client transferred assets. Stark County Bar Association v. Buttacavoli (Ohio, No. 2017-Ohio-8857, Dec. 7, 2017). Attorney Glen Buttacavoli’s law practice consisted of providing financial-planning advice.. read more →

Payments for Pre-eligibility Medical Expenses (PEME) are available to individuals eligible for Medicaid who reside in a nursing home (NH) or an assisted living facility (ALF). This blog post attempts to clarify the procedure for processing requests for payments of PEME made by or on behalf of residents of NHs and ALFs. Residents of NHs.. read more →

Many public benefit programs are adjusted annually after receiving a cost-of-living, or COLA, increase. Following are the increased benefit amounts of selected public benefit programs Including the 2018 COLA adjustment. Social Security There will be a 2.0% COLA increase for Social Security benefits. Maximum Social Security benefit for a single individual retiring at full retirement.. read more →

The Centers for Medicare and Medicaid Services (CMS) has released its Spousal Impoverishment Standards for 2018. The official spousal impoverishment allowances for 2018 are as follows: Community Spouse Resource Allowance The “community spouse resource allowance” is a protection provided under Medicaid law for the healthy spouse of an applicant for benefits (called the “community spouse”) to.. read more →

After being sued by Medicaid applicant in federal court, the Director of New Jersey Medicaid, who had previously denied benefits because the applicant transferred assets to a trust more than 5 years before, instead stated the application was denied because, under the terms of the trust, the trustee was permitted to pay the applicant’s rent… read more →

E.H. submitted a Medicaid application to the Hudson County Division of Welfare (HCDW) and designated Future Care Consultants (FCC) as her designated authorized representative (DAR). Shortly thereafter, the HCDW denied the application because E.H. failed to provide her husband’s bank records for the five-year look-back period. FCC appealed the denial, submitting a request for a.. read more →

Contrary to the recent decision in the G.V. v. Division of Medical Assistance and Health Services case which held that assets transferred to an Income Only Trust more than 5 years before a Medicaid application was filed were still available, rendering  the applicant ineligible for benefits, the M.K. v. Morris County Board of Social Services.. read more →

The 19th Annual Elder and Disability Law Symposium was held on November 9, 2017 at the New Jersey Law Center in New Brunswick, NJ. As in past years, I presented the case law update at the opening plenary session. This year I summarized 40 elder and disability law cases decided from September 2016 through August.. read more →

A Superior Court judge in Ocean County dismissed a lawsuit filed by a nursing home for unpaid bills against a power of attorney appointed by a former resident, and ordered the nursing home to pay legal fees incurred by the power of attorney, ruling that the law prohibited the nursing home from requiring the power.. read more →

The House Republicans tax proposal introduced today ends the Medical Expense Deduction. This change will cause major harm to individuals and families trying to pay for the catastrophic costs of long-term services and supports (LTSS). About half (52%) of Americans turning 65 today will develop a condition that requires LTSS. Individuals needing LTSS are those.. read more →

After being denied Medicaid because of a $70,000 joint bank account she maintained with her son, the Medicaid applicant, S.M., appealed the case to An administrative hearing. S.M. argued that Medicaid had failed to consider that her son was the sole source of $60,000 of those bank funds. After the ALJ affirmed Medicaid’s denial, and.. read more →

The Genworth Cost of Care Survey has been the foundation for long term care planning since 2004. Knowing the costs of different types of care – whether the care is provided at home or in a facility – can help you plan for these expenses. According to Genworth, the 2017 survey is one of the.. 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 →

As many hospital patients have discovered, there are huge financial implications when a hospital designates one of its patients as an outpatient on “observation status.” In order to receive Medicare coverage for a subsequent nursing home stay, Medicare requires that the patient first have a three-day inpatient stay. The “observation status” designation is an outpatient.. read more →

On August 10, 2017, I presented at the 2017 Sophisticated Elder Law Program on Medicaid litigation strategies. I provided an overview of various strategies and tactics which have been used successfully in litigation involving Medicaid and other needs-based public benefits in state and federal courts and in administrative agencies. I prepared a paper and PowerPoint slides.. read more →

Applying New Jersey’s filial support law, an appeals court in Pennsylvania affirmed a decision denying a Pennsylvania residential facility’s effort to hold the elderly New Jersey parents of an adult resident liable for the unpaid balance of his specialized services. Melmark v. Schutt (Pa. Super., No. 2253 EDA 2016, July 19, 2017). New Jersey resident Alexander (Alex).. read more →

A U.S. district court ruled that a group of Medicaid applicants do not have a private right of action to sue the state for not issuing Medicaid eligibility determinations with 45 days and that the applicants were not denied due process by the delay. Evangelical Lutheran Good Samaritan Society, Inc. v. Randol  (U.S. Dist. Ct., D… read more →

Medicaid is a joint federal and state program created under Title XIX of the Social Security Act of 1965. It provides a source of funding for long-term care to those aged, blind and disabled individuals who qualify financially.  42 U.S.C. §1396 et seq.; N.J.A.C. 10:71-1 et seq. Eligibility for Medicaid is based upon financial need. For.. read more →

In this case, the Division of Medical Assistance and Health Services (DMAHS), New Jersey’s state Medicaid agency, affirmed the denial of a Medicaid application filed by Grace M. Vinci (G.V.) by the Monmouth County Division of Social Services (MCDSS) finding that G.V. had resources in excess of $2,000 available to her, namely, resources contained in.. read more →

The New York Times, June 15, 2017 The Opinion Pages | Editorial Daughters Will Suffer From Medicaid Cuts Nearly one in five adult children at some point provide care for at least one elderly parent, according to a new study by the Center for Retirement Research at Boston College. The burden is particularly demanding for.. read more →