Category

Medicaid
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...
15
Jun

Georgia Case Addresses The Impact Of VA Aid and Attendance Benefits On Medicaid Eligibility

June 15, 2009
A May 27, 2009 Administrative Law decision in Georgia addresses the impact of Veteran’s Administration...
10
Jun

Jersey Hospitals Facing Loss Of Millions In Medicaid Funds

June 10, 2009
According to the June 8, 2009 edition of the Star-Ledger newspaper, two-thirds of New Jersey’s...
26
May

NJ Appeals Court Rules That A Transfer of Assets Was Post-DRA Because It Occured When Checks Were Cashed, Not Written

May 26, 2009
A New Jersey appeals court held earlier this month that a Medicaid applicant’s transfer of...
14
May

My Paper, Discussing the Impact of Financial Exploitation on Medicaid Eligibility, Chosen as Lead Article in The ElderLaw Report

May 14, 2009
It is not uncommon for an elderly or disabled person to entrust his or her...
20
Apr

New Jersey's Public Advocate Says Assisted Living Company 'Ruthlessly' Evicted Residents Once They Went on Medicaid

April 20, 2009
A national assisted living company broke its promises to elderly New Jersey residents by throwing...
13
Feb

New Jersey Will Receive At Least $2.2 Billion In Medicaid Aid From Stimulus Package

February 13, 2009
New Jersey will receive an additional $2.2 billion for its Medicaid program under the stimulus...
26
Jan

The Basics of VA Compensation Benefits and the Effect that the receipt of VA Compensation will have upon Eligibility for SSI and Medicaid Benefits

January 26, 2009
If a person with disabilities is a veteran, a child of a veteran, the spouse...
23
Jan

Federal Court Again Rules That The Payment Stream From An Annuity Paid To The Spouse Of A Nursing Home Resident Is Not Countable In Determining The Nursing Home Resident's Eligibility For Medicaid

January 23, 2009
The U.S. District Court for the Western District of Pennsylvania, in a case entitled Weatherbee...
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