New Jersey appeals court affirmed denial of Medicaid application for failure to verify recurring bank transactions on applicant’s bank statements even though the transactions may have been part of a scam. G.M. v. Division of Medical Assistance and Health Services (N.J. Super. Ct., App. Div., No. A-0433-19, June 16, 2021). G.M. was eighty-three years old, suffered.. read more →

For additional information concerning nursing home law and litigation, visit: Nursing Home Law and Litigation For additional information concerning probate litigation and will contests, visit: NJ Will Contests and Probate Litigation read more →

This week, the Centers for Medicare & Medicaid Services (CMS) published revised guidelines for nursing home visits during the pandemic. The new recommendations are the first revision to the federal government’s nursing home guidance since September 2020. They are effective immediately. The new recommendations allow indoor and outdoor visits for all residents, except in limited.. read more →

A New York appeals court held that transfers made by a Medicaid applicant before she was diagnosed with Parkinson’s disease were not transfers for less than market value subject to penalty because the transfers were made as part of a history of gifting to her children done exclusively for a purpose other than to qualify.. read more →

Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at a ZOOM Webinar on February 10, 2021 at 7:00 PM along with Spectrum Care Management and Counseling, LLC, a support coordination agency. Mr. Vanarelli will speak on planning to attain eligibility for Medicaid benefits from New Jersey’s Division of Medical Assistance and Health Services, and how Medicaid.. read more →

An appeals court held that an agreement to apply for Medicaid benefits for a nursing home resident made by the resident’s guardian or family members may be legally enforceable by the nursing facility in which the resident resides. Pine Brook Care Center v. D’Alessandro, Docket No. A-3197-18T1 (NJ Appellate Division, November 23, 2020) In April.. read more →

On December 1, 2020, Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) presented at the 22nd Annual Elder and Disability Law Symposium held via ZOOM Webinar by the New Jersey State Bar Association Elder and Disability Law Section and the New Jersey Institute for Continuing Legal Education. Mr. Vanarelli spoke on planning to attain eligibility for pension benefits.. read more →

On October 15, 2020, Attorney Donald D. Vanarelli, Esq. presented a live Webinar in which attendees learned how to Protect their Assets from the Catastrophic Costs of Probate, Long-Term Care and Nursing Home Expenses. Webinar Topics Included: Care options and typical costs of care in New Jersey in various settings. How to qualify for government.. read more →

The Seventh Circuit vacated a district court decision that allowed an Indiana Medicaid recipient to hire her own in-home health care providers as a reasonable accommodation under the Americans with Disabilities Act, holding that more evidence was needed to determine if the recipient’s request can be granted consistent with federal requirements for funding. Vaughn v. Walthall (U.S… read more →

The Director of the Medicaid agency in New Jersey held that income in a Qualified Income Trust which was used to pay the room and board fee for a resident of an assisted living facility was not countable in determining the resident’s eligibility for Medicaid benefits. H.H. v. Monmouth County Board of Social Services – Final.. read more →

E.H., a 78 year old female, received $1,471.50 in monthly social security benefits. On April 1, 2019, E.H.’s checking account, contained $1,991.78. On April 4, 2019, E.H. applied for benefits under New Jersey’s Family Care Aged, Blind and Disabled Medicaid program. As part of her Medicaid application, E.H. submitted a pre-paid burial contract. Although pre-paid.. read more →

Planning the long-term future of a child with special needs can be the source of enormous stress for parents. Among the challenges of raising a child with special needs is figuring out how to provide for that child once you’re gone. If the child will never be able to earn a living, how can you determine.. read more →

Do you have evidence of misconduct involving a New Jersey nursing home or other long-term care facility during the COVID-19 outbreak? Now you have a chance to report the misconduct to New Jersey’s Attorney General. On April 16, 2020, New Jersey Attorney General Gurbir S. Grewal announced that the Office of the Attorney General had opened.. read more →

The Quick Guide for Families summarizes the information in the Policies and Procedures Manuals prepared by the New Jersey Department of Human Services’ Division of Developmental Disabilities (DDD) for the DDD’s Medicaid waiver programs, the Supports Program and Community Care Program. The Quick Guide summarizes the eligibility rules and regulations governing the Supports Program and.. read more →

The Centers for Medicare & Medicaid Services (CMS) announced new guidance for state and local officials to ensure the safe reopening of nursing homes across the country. The guidance details critical steps nursing homes and communities should take prior to relaxing restrictions implemented to prevent the spread of COVID-19, including rigorous infection prevention and control, adequate.. read more →

Many guardians are wondering how the COVID-19 pandemic will impact their responsibilities. The National Guardianship Association, the American Bar Association Commission on Law and Aging, and the National Center for State Courts have worked together to develop a list of “Frequently Asked Questions” or FAQs. Throughout the list of FAQs, they have provided suggestions and.. read more →

Recently, the Centers for Medicare & Medicaid Services (CMS) released a new toolkit which was developed to provide nursing homes, Governors, states, departments of health and other agencies overseeing these facilities with additional resources to aid in the fight against the COVID-19 pandemic within nursing homes. The toolkit is comprised of best practices from a variety.. read more →

When she was admitted to a skilled nursing facility, petitioner owned a home.  Following her admission, petitioner’s son, who was petitioner’s power of attorney, applied for Medicaid benefits on her behalf. Personnel at the facility informed the son that, in order to attain Medicaid eligibility, petitioner could have no assets. As a result, petitioner’s son.. read more →

The decedent was admitted to the defendant facility, Regency Heritage Nursing and Rehabilitation, in 2013. On the admission date, her daughter accompanied her to the nursing home. The daughter alleged that she was separated from her mother and brought to a conference room, where she was presented with a stack of documents to sign. She.. read more →

Today, the Centers for Medicare & Medicaid Services (CMS) issued a press release announcing new regulatory requirements that will require nursing homes to inform residents, their families and representatives of COVID-19 cases in their facilities. In addition, CMS will now require nursing homes to report cases of COVID-19 directly to the Centers for Disease Control and.. read more →

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

The following information on staffing levels in New Jersey nursing homes in the third quarter of 2019 is from the Long-Term Care Community Coalition (LTCCC) website. As set forth on the LTCCC website: Sufficient staffing is one of the most important indicators of a nursing home’s quality and safety. Unfortunately, inadequate nursing home staffing is.. read more →

The New Jersey Appellate Division declared a nursing home’s arbitration agreement to be void based upon the agreement’s “dense and meandering first sentence” of more than 200 words, among other problematic features. Estate of Bright v. Aristacare at Cherry Hill. Maureen Bright was discharged from the hospital to Aristacare after undergoing a second leg amputation. Maureen.. read more →

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

The patient was age 53 when he was transferred to Kindred Hospital. He had been diagnosed with multiple sclerosis and bipolar disorder in his twenties. When he signed the arbitration agreement in issue, he had required 24-hour nursing care for the previous 13 years, although he was not cognitively impaired at the time of the.. read more →