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 →
Elder and Disability Law News for August 2020 from the Law Office of Donald D. Vanarelli
For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services read more →
The New Jersey Director of Medicaid approved the transfer of an applicant’s home to a “caregiver child” who worked full-time because the applicant qualified medically for comprehensive home-based services under the Medicaid program. A.H. v. Bergen County Board of Social Services, OAL DKT. NO. HMA 09215-19 (June 26, 2020) When she was 92 years old,.. read more →
The New Jersey Appellate Division held that the state Medicaid agency is required to screen a Medicaid recipient for eligibility for all other Medicaid programs before terminating the recipient from the Medicaid program for which the recipient is presently eligible. D.C. v. Div. of Med. Assistance & Health Servs., 2020 WL 4290056 (N.J. Super. Ct… read more →
The Director of New Jersey’s state Medicaid agency overturned prior decisions to find that, when a Medicaid applicant resides in his or her home, the date on which the applicant is found clinically eligible for Medicaid benefits is the date the Mediciad agency should use in determining financial eligibility. S.W. v. Cumberland County Board of.. read more →
A New Jersey appeals court upheld a Medicaid penalty period imposed on a nursing home resident who, prior to admission, paid home health care aides via checks payable to “cash” without written contract, and didn’t prove that the rates paid to the aides were for fair market value. D.Z. v. Ocean County Board of Social.. read more →
For additional information concerning nursing home law and litigation, visit: Nursing Home Law and Litigation For additional information concerning elder abuse actions, visit: Will Contests, Probate Litigation and Elder Abuse Actions read more →
The New Jersey appellate division sustained the denial of Medicaid benefits based upon the applicant’s failure to submit documents necessary to verify his eligibility. Even though the Medicaid applicant was incapacitated due to dementia, could not speak, and whose agent under his power of attorney failed to assist, the court held that the Medicaid agency.. read more →
New Jersey Bankers Association Financial Elder Abuse Webinar Date Time: Jun 10, 2020 10:00 AM Eastern Time (US and Canada) Topic: On-Line Webinar on Financial Elder Abuse Financial Elder Abuse is a growing concern, with 4 million cases of elder abuse reported last year. The elderly are often bilked out of their savings, investments, and.. read more →
For additional information concerning estate planning and administration, visit: Estate Planning and Administration For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services 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 penalty divisor is the average daily cost of nursing home services in New Jersey. It is adjusted annually after a survey of all nursing facilities in New Jersey is conducted. The penalty divisor is used to determine the penalty period for an individual applying for Medicaid Long-Term Services and Supports when that individual transfers.. read more →
The Families First Coronavirus Response Act (“CV Response Act”) was signed into law on March 18, 2020. The CV Response Act bars all Medicaid terminations during the course of the public health emergency caused by COVID-19. All individuals enrolled in Medicaid as of March 2020 must have continued benefits, until the last day of the.. read more →
In order to qualify for Medicaid benefits, an applicant may not own more than $2.000 in countable assets. All assets are countable, with few exceptions. Annuities purchased by Medicaid applicants are countable resources unless they are irrevocable and meet certain other requirements. In this case, Jane Cushing purchased a single-premium, immediate annuity from the Croatian.. read more →
For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services read more →
The New Jersey Department of Human Services (“DHS”) has announced that its Federal Section 1135 Waiver Request has been approved by the U.S. Department of Health & Human Services Centers for Medicare & Medicaid Services (“CMS”). On March 20, 2020, the New Jersey DHS had outlined federal Medicaid requirements that “pose issues or challenges for.. read more →
As reported by Janet Colliton, Esq., a Pennsylvania Elder Law Attorney, in a March 4, 2020 article in The Mercury on-line newsletter, New Jersey, when compared with the rules in neighboring states, is one of the most difficult states in which to qualify for Medicaid benefits to pay for long-term care costs. Some excerpts from.. read more →
Below, in chronological order, is the annual roundup of the top 10 elder law decisions across the nation for the past year, as measured by the number of “unique page views” of the summary of the decision received on the ElderLawAnswers website. ElderLawAnswers is a web-based resource available for those in the public seeking information.. read more →
Elder and Disability Law News for February 2020 from the Law Office of Donald D. Vanarelli
For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services For additional information concerning estate planning and administration, visit: Estate Planning and Administration read more →
In Hegadorn v. Department of Human Services, the Michigan Supreme Court approved the use of a trust established for the sole benefit of the healthy spouse as a valid method to protect the assets of a married couple when the ill spouse is a Medicaid recipient in a nursing home or other long-term care facility. The.. read more →
On June 27, 2017, D.A., through his Designated Authorized Representative (DAR), applied to the Burlington County Board of Social Services, the county welfare agency (CWA), for nursing home Medicaid benefits. Prior to submitting the Medicaid application, D.A.’s nursing facility requested pre-admission screening (PAS) on D.A.’s behalf in May 2017 to establish D.A.’s clinical eligibility for.. read more →
On January 29, 2020, I presented at the 2020 ““Elder Law in a Day” seminar given by the New Jersey Institute for Continuing Legal Education at the New Jersey Law Center in New Brunswick, New Jersey. I presented the case law update, summarizing the most significant legal developments over the past year in the areas.. read more →
The 2020 “Elder Law in a Day” Seminar: Learn How To Handle Elder Law Issues And Cases Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 2020 “Elder Law in a Day” seminar given by the New Jersey Institute for Continuing Legal Education on January 29, 2020 at the New Jersey Law Center, 1 Constitution.. read more →
H.R., who had significant cognitive and functional deficits, was admitted to the Hammonton Center for Rehabilitation and Healthcare (Hammonton Center). The Hammonton Center filed a complaint seeking the appointment of a guardian for H.R. While H.R.’s guardianship was still pending, the Hammonton Center filed a Medicaid application with the Atlantic County Board of Social Services.. read more →
A company that was supposed to help consumers complete Medicaid applications for a fee stole more than $300,000 from clients, according to a lawsuit filed by the New Jersey attorney general and the state Division of Consumer Affairs. The State’s complaint, alleging violations of the Consumer Fraud Act, was filed in New Jersey Superior Court in.. read more →
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