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 →

For additional information concerning nursing home law and litigation, visit: Nursing Home Law and Litigation For additional information concerning elder abuse actions, visit: Will Contests, Probate Litigation and Elder Abuse Actions read more →

The New Jersey appellate division sustained the denial of Medicaid benefits based upon the applicant’s failure to submit documents necessary to verify his eligibility. Even though the Medicaid applicant was incapacitated due to dementia, could not speak, and whose agent under his power of attorney failed to assist, the court held that the Medicaid agency.. read more →

Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 2020 Elder and Disability Law Retreat to be held virtually via ZOOM on July 30, 2020 by the New Jersey State Bar Association Elder and Disability Law Section and the New Jersey Institute for Continuing Legal Education. Mr. Vanarelli will participate in a panel of attorneys.. read more →

The Centers for Medicare & Medicaid Services (CMS) sent a news alert recently recognizing that some nursing homes are seizing residents economic impact payments (or “Stimulus Checks”) authorized under the CARES Act.  CMS confirms that this practice is prohibited, and nursing homes that seize these payments from residents could be subject to federal enforcement actions,.. read more →

New Jersey Bankers Association Financial Elder Abuse Webinar Date Time: Jun 10, 2020 10:00 AM Eastern Time (US and Canada) Topic: On-Line Webinar on Financial Elder Abuse Financial Elder Abuse is a growing concern, with 4 million cases of elder abuse reported last year. The elderly are often bilked out of their savings, investments, and.. read more →

For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services   For additional information concerning Medicaid applications and appeals, visit: NJ Medicaid Applications read more →

For additional information concerning estate planning and administration, visit: Estate Planning and Administration For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services read more →

The Quick Guide for Families summarizes the information in the Policies and Procedures Manuals prepared by the New Jersey Department of Human Services’ Division of Developmental Disabilities (DDD) for the DDD’s Medicaid waiver programs, the Supports Program and Community Care Program. The Quick Guide summarizes the eligibility rules and regulations governing the Supports Program and.. read more →

When she was admitted to a skilled nursing facility, petitioner owned a home.  Following her admission, petitioner’s son, who was petitioner’s power of attorney, applied for Medicaid benefits on her behalf. Personnel at the facility informed the son that, in order to attain Medicaid eligibility, petitioner could have no assets. As a result, petitioner’s son.. read more →

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

The penalty divisor is the average daily cost of nursing home services in New Jersey. It is adjusted annually after a survey of all nursing facilities in New Jersey is conducted. The penalty divisor is used to determine the penalty period for an individual applying for Medicaid Long-Term Services and Supports when that individual transfers.. read more →

The coronavirus relief bill includes a direct payment to most Americans, but this has Medicaid recipients wondering how the payment will affect them. Because the payment is not income, it should not count against a Medicaid recipient’s eligibility. The Coronavirus Aid, Relief, and Economic Security (CARES) Act provides a one-time direct payment of $1,200 to.. read more →

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

The Families First Coronavirus Response Act (“CV Response Act”) was signed into law on March 18, 2020.  The CV Response Act bars all Medicaid terminations during the course of the public health emergency caused by COVID-19. All individuals enrolled in Medicaid as of March 2020 must have continued benefits, until the last day of the.. read more →

This promotional video is presented as an introduction to the “Estate and Disability Planning” Video Series Program. “Estate and Disability Planning” is a 4-part video series presented by noted Certified Elder Law Attorney and Accredited Veterans Attorney Donald D. Vanarelli, Esq. The video series covers a number of crucial elder law topics for New Jersey.. read more →

This week we lost one of my favorite clients. Thomas Saccone was a retired Newark firefighter. He and his wife are the parents of a severely disabled son who receives Supplemental Security Income (“SSI”) and Medicaid, which are critical in providing for his care. As a firefighter, Tom was a member of the Police and.. read more →

In order to qualify for Medicaid benefits, an applicant may not own more than $2.000 in countable assets. All assets are countable, with few exceptions. Annuities purchased by Medicaid applicants are countable resources unless they are irrevocable and meet certain other requirements. In this case, Jane Cushing purchased a single-premium, immediate annuity from the Croatian.. read more →

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

The New Jersey Department of Human Services (“DHS”) has announced that its Federal Section 1135 Waiver Request has been approved by the U.S. Department of Health & Human Services Centers for Medicare & Medicaid Services (“CMS”). On March 20, 2020, the New Jersey DHS had outlined federal Medicaid requirements that “pose issues or challenges for.. read more →

The New Jersey Department of Human Services (“DHS”) has created a dedicated website for COVID-19 updates relating to the services and supports offered through all of its divisions. The new website can be found at: https://nj.gov/humanservices/coronavirus.html. It includes important updates for the following categories of information: Press Releases Child Care Developmental Disabilities: Individuals, Families And.. read more →

The Stephen Beck, Jr., Achieving a Better Life Experience Act (ABLE Act) is a tax-advantaged savings account used by an individual eligible for Medicaid or other public benefits to pay for “qualified disability-related expenses” and established by an individual whose blindness or disability resulted from a condition that began before the individual’s 26th birthday. The.. read more →

The U.S. government is extending the tax-filing deadline to July 15, a move meant to give taxpayers extra time to deal with their taxes amid the COVID-19 outbreak.  Taxpayers now have an extra three months to both file and make payments without interest or penalties. Originally, the federal government was going to give taxpayers until.. read more →

As a result of the declaration of a national emergency, the Centers for Medicare and Medicaid Services (CMS) has waived the requirement that Medicare beneficiaries must spend at least three days in a hospital before qualifying for coverage in a skilled nursing facility (SNF) for those beneficiaries who need to be transferred as a result.. read more →

All local Social Security offices will be closed to the public for in-person service starting Tuesday, March 17, 2020. If you need help from Social Security, the agency suggests that the public proceed as follows: First, please use the Social Security Administration (SSA) secure and convenient online services available at www.socialsecurity.gov/onlineservices. You can apply for retirement,.. read more →