As discussed in a prior blog post, a major overhaul of Medicaid will be introduced in New Jersey in the coming months. The new Medicaid program is called Managed Long Term Services and Supports (MLTSS). The MLTSS implementation date has been repeatedly adjourned, and the next date scheduled to put the new program into effect.. read more →
New Jersey’s Qualified Income Trust Template For many years, Medicaid programs available to elderly and disabled New Jersey residents to help pay for long-term care costs have been quite limited. The Medicaid-Only Medicaid program pays the care costs of nursing home residents. A companion program, Global Options for Long-Term Care, pays care costs for residents.. read more →
The Medicaid programs in New Jersey which help residents pay long-term care costs are about to get a major overhaul. Currently, there are three (3) Medicaid programs in New Jersey that pay for long-term care costs. The Medicaid-Only Medicaid program pays the costs of caring for nursing home residents. A companion program, Global Options for.. read more →
A nursing home resident’s adult child who signs an admission agreement as the “Responsible Party” can be sued in his/her individual capacity for services rendered to the resident, if the adult child fails to use the resident’s financial resources to pay for care provided by the facility. Manahawkin Convalescent v. O’Neill, 217 N.J. 99 (2014)… read more →
In the May 30, 2014 Kongtcheu v. Secaucus Healthcare Center decision, the United States District Court for the District of New Jersey denied the defendant nursing home’s motion to dismiss a claim against it brought by nursing home resident Philbert F. Kongtcheu. In Kongtcheu, the pro se nursing home resident brought a variety of claims.. read more →
On June 23, 2014, the Government Accountability Office (GAO) released its report, Financial Characteristics of Approved Applicants and Methods Used to Reduce Assets to Qualify for Medicaid, which Sens. Tom Coburn (R-OK) and Richard Burr (R-NC) and Reps. Darrell Issa (R-CA) and Trey Gowdy (R-SC) requested. The GAO report confirmed that about 95% of approved.. read more →
71st Semi-Annual Tax and Estate Planning Forum Our country is experiencing a growing number of households in which a parent and an adult child reside together. Census data reveals that the number of Americans living in multi-generational family households is the highest it has been since the 1950s, with a significant increase in recent years… read more →
A United States District Court recently ruled that a nursing home resident does not have a private right to assert a lawsuit against a nursing home for involuntary discharge under the Nursing Home Reform Act. Schwerdtfeger v. Alden Long Grove Rehabilitation and Health Care Center (U.S. Dist. Ct., N.D. Ill., No. 13 C 8316, May.. read more →
A federal district court ruled that banks cannot foreclose on surviving spouses of reverse mortgage holders when the spouses are unable to pay off the mortgages. Bennett v. Donovan, Civil Action No. 11-0498 (District of Columbia, September 30, 2013) The case involved the surviving spouses of three individuals, each of whom who took out a.. read more →
Reversing state agency and appeals court rulings, the highest court of the State of Washington ruled that a guardian cannot be charged with neglect based on the guardian’s good-faith decision to provide care for the ward in her home rather than place her in a nursing home against the ward’s wishes. Raven v. Department of Social and.. read more →
A New Jersey appeals court held that the State did not have a duty to inform a woman with special needs who was residing in an out-of-state residential facility that she was eligible for priority placement for services due to a change in regulations. The court also found that the disabled woman was not entitled.. read more →
Continuing Care Retirement Communities (“CCRCs”) are considered “a viable choice for relatively healthy seniors with upper-middle-class or upper-class incomes.” Begley, T. and Barrett, C., Representing the Elderly or Disabled Client, ¶9.03 at 9-10 (Thomson Reuters 2013). As described in a GAO report entitled “Older Americans: Continuing Care Retirement Communities Can Provide Benefits, but Not Without.. read more →
A Rhode Island trial court holds that a niece who signed a nursing home admissions agreement on behalf of her aunt did not sign as a responsible party, and is therefore not personally liable for her aunt’s unpaid nursing home bill. Sunny View Nursing Home, Inc. v. Gorman (R.I. Super. Ct., No. KC 11-0491, Dec. 4,.. read more →
For the past several years, I have represented Thomas Saccone, a retired Newark, NJ firefighter with a severely disabled adult child named Anthony. Anthony lives with his parents, is unable to work, has been found to be totally disabled by the Social Security Administration, and for many years has received Supplemental Security Income (SSI) and.. read more →
The cost for care in an assisted living facility (ALF) varies widely throughout the United States. You may have expected some states listed below to be expensive, but there are others with high costs which may surprise you. Is your state on the top 10 list for the most expensive yearly cost? 10. New Hampshire.. read more →
An aged, low-income tenant with disabilities recently prevailed in a lawsuit filed against the Santa Monica Housing Authority, which had incorrectly increased her monthly rent by counting as income money received in a settlement and deposited into a Special Needs Trust. Sheila Finley v. City of Santa Monica, Case No. BS – 127077 (Superior Court.. read more →
Soon after the passage of the Deficit Reduction Act of 2005 (DRA), New Jersey’s Division of Medical Assistance and Health Services, the State Medicaid agency, took the position that the penalty period, or period of ineligibility for Medicaid, resulting from transfers made during the look-back period by applicants for home or community – based services.. read more →
Yesterday, a discussion took place on a New Jersey elder and disability law listserv between several attorneys who regularly handle cases involving Division Of Developmental Disabilities (DDD) clients concerning a recent and significant change to the availability of DDD day program services. I have recreated the listserv discussion below by combining statements made in emails.. read more →
New Jerseyans with an autism spectrum disorder gained two laws recently which, it is hoped, will give them a better chance to lead meaningful, productive and independent lives. The first of the new laws, A-4226, expands New Jersey’s anti-discrimination law, the Law Against Discrimination, to ensure that no one who has autism and related neurological.. read more →
[I received the following email from the National Senior Citizens Law Center and affiliated groups concerning a survey being conducted in order to “raise awareness of the issues facing older adults who are lesbian, gay, bisexual and transgender (“LGBT”) and live in nursing homes, assisted living facilities and other long-term care facilities.” Because I believe.. read more →
Each of us who have been forced to admit a loved one into a nursing home or care facility due to chronic long-term illness hopes and expects that he or she will receive good care there. But what does good long-term care look like? Would we recognize good care if we saw it? An interesting.. read more →
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