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 →
Reversing a lower court, Massachusetts’ highest court ruled that two Medicaid applicants’ trusts were not available assets even though the applicants retained the right to use the houses that were put into the trusts. Daley v. Secretary of the Executive Office of Health and Human Services (Mass., No. SJC-12200, May 30, 2017) and Nadeau v. Director of the Office.. read more →
New Jersey’s Medicaid rules are complicated, and always changing. One such change in the rules occurring on a regular basis is the State Medicaid agency’s amendment to the Medicaid program’s “penalty divisor.” On May 12, 2017, a Medicaid Communication, or notice from the agency, was released by New Jersey’s Division of Medical Assistance and Health.. read more →
The needs-based pension program from the Department of Veterans Affairs (VA) is a disability benefits program available to compensate veterans for non-service-connected disabilities. Like the VA compensation program, the pension program is based upon disability. However, unlike the VA compensation program, the pension program is also based on income and need, and the veteran’s disability.. read more →
New Jersey’s ABLE law (the acronym is short for “Achieving a Better Life Experience”) went into effect a few months ago, in October 2016. Under the new law, New Jersey’s Department of Human Services and the Department of the Treasury are required to establish the ABLE Program pursuant to federal law. Persons who became disabled.. read more →
New Jersey’s Division of Consumer Affairs (DCA) released a Consumer Brief on Medicaid Advisors/Application Assistors. Medicaid Advisors/Application Assistors are non-lawyers who provide limited services without payment or compensation in connection with Medicaid applications. According to the DCA Consumer Brief, the limited services which Medicaid Advisors/Application Assistors may perform include the following: providing information on insurance.. read more →
In Simonsen v Bremby(2d Cir., No. 16-204-cv, Feb. 15, 2017), the daughter/Medicaid applicant filed suit in federal court and sought a preliminary injunction barring Medicaid from imposing a penalty period as a result of trusts established for her benefit by her mother. The two third-party trusts were considered as available resources by Medicaid, and when.. read more →
As 2007 began, Arthur Brown, who was then seventy-eight years old, and his wife, Mary, lived together in a jointly-owned condominium. Several months later, Arthur began living in an assisted living facility. The following year, Arthur was admitted into a nursing home after he was diagnosed with Alzheimer’s disease. Soon thereafter, Arthur applied for nursing.. read more →
The Division of Developmental Disabilities (DDD) is a division of New Jersey’s Department of Human Services. The DDD provides public funding for certain services designed to assist eligible New Jersey adults with intellectual and developmental disabilities, age 21 and older, to live as independently as possible. The DDD has developed a new resource for families.. read more →
Kaiser Health News has released a Medicaid Pocket Primer. The Primer explains what the Medicaid program is, the structure of the program, identifies those covered by Medicaid and the services provided through Medicaid, and discusses the impact of the Affordable Care Act on Medicaid, how beneficiaries access care, the Medicaid program’s impact on beneficiaries’ ability.. read more →
The Centers for Medicare and Medicaid Services, the Department of Veterans Affairs (VA), the Social Security Administration and other state and federal agencies have released the following important numbers for 2017. MEDICARE Medicare Part A deductible: $1316 for each benefit period. Medicare Part A co-payments for hospital stays: Day 1-60: $0 co-payment for each benefit.. read more →
A New York appeals court ruled that a Medicaid applicant successfully rebutted the presumption that transfers to her daughter made one and two years before entering a nursing home were for purposes other than to qualify for Medicaid, based on evidence that the money was used to help her grandson purchase a house. Matter of.. read more →
The Centers for Medicare and Medicaid Services has released its SSI and Spousal Impoverishment Standards for 2017. SUPPLEMENTAL SECURITY INCOME (SSI) SSI Federal Benefit Rate for an Individual: $735.00 SSI Federal Benefit Rate for a Couple: $1,103.00 Substantial Gainful Activity (SGA) Limit: $1,170.00 (Blind SGA: $1,950.00) MEDICAID Minimum Community Spouse Resource Allowance: $24,180 Maximum Community Spouse.. read more →
Special Needs Trusts and Divorce / Part 2: Child Support
(On December 1, 2016, I moderated the first Advanced Special Needs Trust Symposium, an all-day event held at the New Jersey Law Center. In addition to moderating the panel of speakers, I also presented on the topic of the “Uses of Special Needs Trusts in Cases Involving Divorce.” Due to the length of my paper,.. read more →
Special Needs Trusts and Divorce / Part 1: Alimony and Property Settlement Agreements
(On December 1, 2016, I moderated the first Advanced Special Needs Trust Symposium, an all-day event held at the New Jersey Law Center. In addition to moderating the panel of speakers, I also presented on the topic of the “Uses of Special Needs Trusts in Divorce.” Due to the length of my paper, I divided.. read more →
On November 15, 2016, I presented at the Second Annual Caring for Caregivers Conference at the East Rutherford Community Center. The first section of my presentation focused on guardianship law in New Jersey, Public Benefit Basics, and the use of special needs trusts by parents of adult disabled children. The powerpoint slides from the first part.. read more →
A U.S. district court denied a preliminary injunction to a Medicaid applicant who sued New Jersey to prevent the state from denying benefits based on her dead husband’s assets. Flade v. Connolly (U.S. Dist. Ct, D. N.J., No. 16-4407, Sept. 23, 2016). Plaintiff, Eileen Flade, was a nursing home resident. On April 12, 2016, plaintiff applied for.. read more →
Westfield, NJ – October 6, 2016 — Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will participate in the New Jersey State Bar Association’s Elder & Disability Law Section Roundtable Discussion on Medicaid Appeals to be held on October 13, 2016 at the New Jersey Law Center in New Brunswick, NJ. Mr. Vanarelli will present on “Appealing a.. read more →
Donald D. Vanarelli, Esq. to Moderate the Advanced Special Needs Trust Symposium
“Use of Special Needs Trusts in Cases Involving Divorce” to be presented by leading NJ Elder Law and Estate Planning Attorney, Donald D. Vanarelli, Esq., who will also act as Moderator of the Symposium Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will moderate and present at the Advanced Special Needs Trust Symposium given by the New Jersey Institute.. read more →
In this case, the Court considered whether a Medicaid applicant received full and fair notice of the reasons for the agency’s decision to deny benefits prior to holding a hearing on the applicant’s appeal. E.W. v. Cape May County Board of Social Service, OAL Docket. No. HMA 14667-15 (OAL December 24, 2015) In 2012, E.W.,.. read more →
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