Category

Medicaid
02
Jun

A “Responsible Party” Under A Nursing Home Admission Agreement May Be Sued For Monies Owed To The Facility

June 2, 2012
An appeals court in New Jersey held that a nursing home resident’s adult child who...
08
May

Appeals Court Holds Adult Child Liable for Mother’s Nursing Home Bill Under Filial Responsibility Law

May 8, 2012
A Pennsylvania appellate court held that son is liable for his mother’s $93,000 nursing home bill...
12
Mar

Spouse of Medicaid Recipient Not Entitled To Increased Income Allowance Because Her Financial Duress Not Caused by Exceptional Circumstances

March 12, 2012
A New Jersey appeals court recently ruled that a Medicaid recipient’s wife is not entitled...
04
Jan

Roundup of Key Figures In An Estate and Elder Law Practice for 2012

January 4, 2012
Below are figures for 2012 that are frequently used in the estate and elder law...
04
Dec

Podcast of Guest Interview on The Caring Generation, An Internet Radio Show

December 4, 2011
  Several weeks ago, on Sunday, November 20th, I was a guest on The Caring...
19
Oct

New Jersey Federal Court Rules Life Estate Purchase May Be Uncompensated Transfer, Subjecting Medicaid Applicant to Gift Penalty

October 19, 2011
Federal district court in New Jersey denied a Medicaid applicant’s request for an injunction directing...
07
Sep

Medicaid Applicant Who Transferred Money To Daughter Months Before Receiving Life Estate In Daughter’s Home Made A Gift And Is Ineligible for Medicaid

September 7, 2011
A New Jersey appeals court held that a Medicaid applicant who transferred money to her...
14
Jun

Bank Account for Disabled Grandson Is Not Available Asset Under Medicaid Rules

June 14, 2011
In an unpublished, per curiam decision, a New Jersey appeals court ruled that a grant...
05
Jun

Court-Approved Compensation Paid To Medicaid Applicant’s Children For Services Under Power Of Attorney Does Not Prevent Medicaid Penalty

June 5, 2011
A New Jersey appeals court upheld the imposition of a penalty period on a nursing...
04
May

Spousal Protections Under the Medicaid Program To Be Extended To Same-Sex Couples And LGBT Families

May 4, 2011
Same-sex domestic partners are closer to receiving the spousal protections that opposite-sex married couples get...
11
Apr

New York State Expands The List Of Assets Against Which Medicaid Could Make A Claim For Recovery

April 11, 2011
A recent amendment to Section 369 of the Social Services law expands the list of...
10
Feb

Effect Of Payment Of Home Expenses By A Special Needs Trust On Eligibility For Public Benefits

February 10, 2011
(The folowing is part of a discussion, taken from a listserv, or electronic bulletin board,...
17
Dec

Special Needs Trusts: Background

December 17, 2010
A self-settled special needs trust is exempt from being counted as a “resource,” for purposes...
14
Dec

Top 12 New Jersey Elder Law Cases Decided In 2010

December 14, 2010
Here are my selections for the top ten (10) twelve (12) New Jersey elder law...
26
Nov

Ohio Violated Federal Law In Counting Annuity Purchased By Community Spouse

November 26, 2010
Ohio’s First District Court of Appeals has joined other state and federal courts across the...
24
Nov

Court Finds Medicaid Applicant Eligible For Benefits; Her Bank’s Lack Of Cooperation Prevented Applicant From Accessing Her Accounts

November 24, 2010
A.D., a retired physician, began residing at Bergen Regional Medical Center (Bergen Regional), a nursing...
01
Nov

Judge Awards Benefits To Medicaid Applicant Who Made A Gift “Exclusively For A Purpose Other Than To Establish Medicaid Eligibility”

November 1, 2010
My law firm recently was successful on appeal in overturning the denial of Medicaid eligibility...
02
Sep

My Latest Article, Entitled “Client Capacity – Assessment and Advocacy,” Published In The New Jersey Lawyer Magazine

September 2, 2010
Lawyers who regularly deal with elderly and disabled clients like I do often confront the...
03
Jul

New POMS On Early Termination Of Special Needs Trusts

July 3, 2010
Many third-party and self-settled special needs trusts (SNTs) contain “termination on ineligibility and distribute to...
04
Jun

New Jersey Rewrites The Rules Concerning Gifts Made By Medicaid Applicants Which Are Later Returned

June 4, 2010
As many readers know, Medicaid applicants are subject to the imposition of a penalty, or...
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