Category

Medicaid
25
Mar

Son Not Liable For Unpaid Nursing Home Bill Even Though Transfer Of Father’s Home To Son Caused Father To Be Ineligible For Medicaid

March 25, 2010
Heriberto Pumarejo transferred the ownership of his home to his son, Herbert Pumarejo, Jr., for...
11
Mar

State Medicaid Directors Ask CMS To Change Annuity Rules

March 11, 2010
Conceding defeat in the courts, the National Association of State Medicaid Directors (NASMD) has sent...
26
Feb

Ignorance Isn't Bliss When You Apply For Medicaid

February 26, 2010
In what may be considered a victory of judicial deference over equity, this week our...
10
Feb

Plaintiff Stated A Claim Under The ADA When NJ Refused To Raise The Income Cap Which Excluded Him From A Community Medicaid Program

February 10, 2010
In Duffy v. Velez, Civ. No. 09 – 5539 (D.N.J. 2010), plaintiff was a disabled...
29
Dec

The Top 10 (NOT; Actually, The Top 15) New Jersey Elder And Disability Law Cases in 2009

December 29, 2009
2009 was an exciting year of litigation in the elder and disability law arena, producing...
15
Dec

Medicaid Eligibility Denied Based Upon A Home Transfer To A "Caregiver Child" Who Was Employed Full-Time

December 15, 2009
(The A.N. case, described below, was decided on administrative appeal in 2007 and affirmed the...
10
Dec

SSI Basics

December 10, 2009
Supplemental Security Income (SSI) is a federal program that helps aged, blind and disabled people...
13
Nov

Federal Appeals Court Rules That Annuity Payments Made To The Spouse Of A Nursing Home Resident Are Not Countable By Medicaid

November 13, 2009
In Weatherbee v. Richman, 595 F. Supp. 2d 607 (W.D. Pa. 2009), the U.S. District...
29
Oct

Unusual Special Needs Trust Distribution Requests

October 29, 2009
Special needs trusts (also known as “supplemental needs” trusts) allow a disabled beneficiary to receive...
28
Oct

New Jersey Administrative Judge Finds That A Retirement Annuity Owned By A Medicaid Applicant’s Spouse Is Not Countable

October 28, 2009
An Opinion and Order was entered on October 20, 2009 by Administrative Law Judge Joseph...
26
Oct

Federal Judge Enjoins New Jersey From Denying Medicaid Eligibility To Aged Parents Who Transferred Assets Outright To Their Blind Or Disabled Children

October 26, 2009
In order to qualify for Medicaid benefits, applicants cannot possess assets which exceed the financial...
20
Oct

Appellate Court Reverses The Imposition Of A Period Of Medicaid Ineligibility Resulting From The Transfer Of Family Home To A Sibling

October 20, 2009
In A.P. v. Division of Medical Assistance and Health Services, the Appellate Division of the...
17
Oct

Federal Judge In New Jersey Appears Poised To Enjoin The State From Denying Medicaid Eligibility To An Applicant With An Annuity

October 17, 2009
In June 2009, plaintiff, Daisy Jeanne Prall, applied for nursing home Medicaid benefits with the...
25
Sep

Second Circuit Rules That Income Received By An Institutionalized Person And Then Placed Into A Special Needs Trust Is Countable By Medicaid

September 25, 2009
On June 22, 2009, the United States Court of Appeals for the Second Circuit affirmed...
23
Sep

Resolution To Reform Harsh Practices By Assisted Living Facilities Passes New Jersey Assembly

September 23, 2009
Like most other states, New Jersey’s system of regulating assisted living facilities provides little meaningful...
22
Sep

Preliminary Injunction Blocks California From Reducing Medicaid Benefits Due To Budget Cuts

September 22, 2009
On September 10, 2009, a federal district court in Northern California issued a preliminary injunction...
21
Sep

U.S. Uninsured Total Tops 46 million, With More Americans Insured By Government Health Programs And Fewer By Employer-Sponsored Plans

September 21, 2009
The September 21, 2009 edition of amednews.com, the internet version of American Medical News, published...
09
Sep

Federal Appeals Court Rules That Assets In A Special Needs Trust Are Countable Resources Under Medicaid

September 9, 2009
In a ruling seen as a major setback for disabled individuals and their families, on...
07
Aug

Superior Court Judge in Monmouth County Authorizes The Establishment Of Third Party Special Needs Trusts Within An Intestate Estate

August 7, 2009
As reported on my blog, Judge John Malone, Presiding  Judge of the Chancery Division of...
02
Jul

Does A Disabled Child Receiving SSI And Medicaid Remain Eligible For Medicaid After Beginning To Receive SSD Under A Parent’s Work Record?

July 2, 2009
The following excerpt is taken from a discussion between elderlaw attorneys recently posted on a...
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