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 →

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 →

As reported by Janet Colliton, Esq., a Pennsylvania Elder Law Attorney, in a March 4, 2020 article in The Mercury on-line newsletter, New Jersey, when compared with the rules in neighboring states, is one of the most difficult states in which to qualify for Medicaid benefits to pay for long-term care costs. Some excerpts from.. read more →

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

Below, in chronological order, is the  annual roundup of the top 10 elder law decisions across the nation for the past year, as measured by the number of “unique page views” of the summary of the decision received on the ElderLawAnswers website. ElderLawAnswers is a web-based resource available for those in the public seeking information.. read more →

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

In Hegadorn v. Department of Human Services, the Michigan Supreme Court approved the use of a trust established for the sole benefit of the healthy spouse as a valid method to protect the assets of a married couple when the ill spouse is a Medicaid recipient in a nursing home or other long-term care facility. The.. read more →

On June 27, 2017, D.A., through his Designated Authorized Representative (DAR), applied to the Burlington County Board of Social Services, the county welfare agency (CWA), for nursing home Medicaid benefits. Prior to submitting the Medicaid application, D.A.’s nursing facility requested pre-admission screening (PAS) on D.A.’s behalf in May 2017 to establish D.A.’s clinical eligibility for.. read more →

On January 29, 2020, I presented at the 2020 ““Elder Law in a Day” seminar given by the New Jersey Institute for Continuing Legal Education at the New Jersey Law Center in New Brunswick, New Jersey. I presented the case law update, summarizing the most significant legal developments over the past year in the areas.. read more →

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

A Massachusetts court held that the state is not entitled to recover Medicaid benefits from a community spouse’s annuity. Dermody v. The Executive Office of Health and Human Services (Mass. Super. Ct., No. 1781CV02342, Jan. 16, 2020). Robert Hamel purchased an annuity that named the state as primary beneficiary to the extent any Medicaid benefits are.. read more →

The following figures represent the average cost of nursing home care in each region in New York State as determined by the State Department of Health. These figures are used to calculate Medicaid penalty periods for gifts and asset transfers in New York. Long Island (Nassau/Suffolk) $13,407 New York City (5 Boroughs) $12,844 Central (Syracuse,.. read more →

Involuntary Transfers Or Evictions To Another Care Facility “Difficult” residents are often subjected to involuntary eviction on the basis of the resident’s welfare, and that the resident’s needs cannot be met at the current nursing facility. As one commentator notes, “This type of argument is misplaced, however, because it only applies if the resident’s needs.. read more →

R.K. transferred her one-third interest in a house she owned jointly with her daughter and son-in-law to her daughter. Less than five years later, R.K. applied for Medicaid, and asserted that the transfer was exempt under Medicaid’s “caregiver child” exception to the rules prohibiting any transfers of assets within five years of the Medicaid application.. read more →

H.R., who had significant cognitive and functional deficits, was admitted to the Hammonton Center for Rehabilitation and Healthcare (Hammonton Center).  The Hammonton Center filed a complaint seeking the appointment of a guardian for H.R. While H.R.’s guardianship was still pending, the Hammonton Center filed a Medicaid application with the Atlantic County Board of Social Services.. read more →

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

B.F. is an octogenarian who suffered a stroke causing left-side paralysis. B.F. used a wheelchair, and needed assistance with her activities of daily living (ADLs) and instrumental activities of daily living (IADLs). She lived with her long-time friend. When B.F. became eligible for Medicaid, she enrolled in the State’s then-existing Global Options for Long-Term Care.. read more →

A company that was supposed to help consumers complete Medicaid applications for a fee stole more than $300,000 from clients, according to a lawsuit filed by the New Jersey attorney general and the state Division of Consumer Affairs. The State’s complaint, alleging violations of the Consumer Fraud Act, was filed in New Jersey Superior Court in.. read more →

P.P. had been his mother’s legal guardian, and he was executor of her estate. After her death, Medicaid asserted a statutory lien against her estate in the amount of $132,755, representing the amount of correctly paid medical assistance that had been paid on her behalf. P.P. requested a waiver or compromise of the lien based.. read more →

G.M., a 73 year old stroke victim, was diagnosed with Alzheimer’s disease, vascular dementia, schizoaffective and bipolar disorders. After G.M. filed a Medicaid application, the Atlantic County Board of Social Services (Board) notified G.M. that his application was denied because he did not provide necessary information. Several months later, G.M.’s designated authorized representative (DAR) submitted.. read more →

For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services For additional information concerning elder abuse actions, visit: Will Contests, Probate Litigation and Elder Abuse Actions read more →

On November 5, 2019, I presented at the Fall Meeting of the Essex/Hudson/Union Chapter of the New Jersey Association of Public Accountants held at Kean University in Hillside, New Jersey. I presented an overview of the various types of revocable and irrevocable trusts used by estate planners and by elder law and special needs planning.. read more →