In 1986, Plaintiff Andres Nieves, Sr. purchased a home in Dover, New Jersey (the “home”) with his son, Andres Nieves, Jr. (“Nieves, Jr.”) In 2002, plaintiff suffered a stroke rendering him unable to perform various “activities of daily living” without assistance. Plaintiff resided in the home with his son until he entered a long-term care.. read more →
Z.P. was a resident of Aristacare at Cedar Oaks in South Plainfield, New Jersey. Z.P. filed for Medicaid benefits and was found to be medically and financially eligible as of December 1, 2016. However, Z.P. made transfers for less than fair market value within five years of the application date for Medicaid. As a result,.. read more →
A Texas appeals court held that the state could not count the assets of a Medicaid applicant as “available resources” under the Medicaid rules because the applicant was incapacitated and not able to liquidate the assets. Texas Health and Human Services Commission v. Marroney (Tx. Ct. App., No. 03-18-00190-CV, May 24, 2019). Anna Marroney suffered a.. read more →
Petitioner, a severely impaired young woman, resides at home with her father, her primary caregiver. She requires monitoring 24 hours a day. She cannot eat or speak, and is unable to sit, stand or change positions on her own. She is fed and hydrated through a gastrostomy tube. She experiences frequent seizures, which occur even.. read more →
J.G., an indigent nursing home resident, applied for Medicaid benefits. While his Medicaid application was pending, J.G. passed away. Thereafter, the Essex County Division of Family Assistance and Benefits, the county welfare agency, denied J.G.’s Medicaid application, concluding he was ineligible as he died before eligibility could be met. Future Care Consultants, J.G.’s designated authorized.. read more →
Petitioner, J.F., through his daughter and power of attorney, M.P., applied for Medicaid benefits. The county welfare agency requested five years of bank statements from his checking account and told him the application would be denied if the requested information was not provided by April 23, 2015. M.P. asked for an extension of time. In.. read more →
Elder and Disability Law News for March 2019 from the Law Office of Donald D. Vanarelli
You are invited to attend our upcoming Free Seminar – “Planning for the Catastrophic Costs of Long-Term Care” on Wednesday, April 3, 2019, at 4:00 PM at the Law Office of Donald D. Vanarelli, 242 St. Paul Street, Westfield, NJ 07090. Light food and drink will be served. Please join Donald D. Vanarelli, Esq., Certified Elder Law.. read more →
Nursing Home Resident’s Son Who Filed A Medicaid Application Which Was Denied Did Not Breach Admissions Agreement
A New Jersey appeals court held that a nursing home is not entitled to summary judgment in a case alleging breach of the admissions agreement against a resident’s son based solely on the fact that Medicaid denied the resident’s application due to excess resources. Meridian Nursing and Rehabilitation Inc. v. Skwara (N.J. Super. Ct., App. Div., No… read more →
M.K. resided in an assisted living facility (ALF) since 2006. She applied for Medicaid benefits and was approved as of May 1, 2015. Due to the income limitations of the Medicaid program, M.K. deposited all of her income in a Qualified Income Trust, or QIT. By doing so, income deposited in the QIT was not.. read more →
After L.K.’s representative filed for Medicaid benefits, Medicaid sent a checklist of documents to be provided within thirty days, including American Funds account statements. Five months later, Medicaid sent a second letter, again seeking the same documents, again within thirty days. After that deadline passed, L.K’s representative sent some of the account statements and advised.. read more →
A New Jersey appeals court held that the state was not required to assist a Medicaid applicant by obtaining debit card statements from her bank to verify her application. C.F.J. v. Division of Medical Assistance and Health Services (N.J. Super. Ct., App. Div., No. A-4385-16T4, Dec. 11, 2018). C.F.J. entered a nursing home and applied for.. read more →
Wyoming’s highest court ruled that the state should not have denied a Medicaid applicant’s request to reduce her penalty period because her sons partially returned transferred assets by paying her attorneys’ fees. Anderson v. State of Wyoming (Wyo.,No. 2018 WY 135, Dec. 4, 2018). Nursing home resident Lucile Anderson transferred cash and property to her sons… read more →
Petitioner was admitted to Monmouth Medical Center. Thereafter, petitioner was discharged to Liberty Royal Rehabilitation and Health Care Center (Liberty Royal), a Medicaid certified nursing home. Less than one week later, he was transferred to Crystal Lake Nursing and Rehabilitation Center (Crystal Lake), another Medicaid certified nursing home. Petitioner remained at Crystal Lake until his.. read more →
For additional information concerning elder abuse actions, visit: Will Contests, Probate Litigation and Elder Abuse Actions read more →
In 2002, J.S., a Medicaid applicant, created an irrevocable trust naming his son K.S. as trustee. Under the terms of the trust, all of the annual net income generated by the trust was to be paid to J.S., while the beneficiaries of the trust corpus was K.S. and his family. The trust gave the trustee.. read more →
B.S. was ninety-two years old and residing in a nursing home when she applied to the Monmouth County Division of Social Services, the County Welfare Board (CWB), for Medicaid benefits. In response to the application, the CWB inquired about two 2010 bank withdrawals from petitioner’s accounts, one for $29,955.79 and the other for $37,085.47. Petitioner.. read more →
Reversing a lower court, a Connecticut Appeals Court held that the conservator of a nursing home resident owed a duty of care to the nursing home in which the resident resided to apply for Medicaid on behalf of the resident on a timely basis. The Court allowed the nursing home to sue the conservator personally.. read more →
The Appellate Division of the Superior Court of New Jersey dismissed this appeal, refusing to remand the case for administrative hearings that were never held because the applicant failed to preserve her right to those hearings. B.M. v. Division of Medical Assistance and Health Services, Docket No. A-3546-16T3 (App. Div., August 29, 2018) Esther Schulgasser.. read more →
A U.S. district court held that a claim by Medicaid applicants against New Jersey officials for wrongly denying their applications is barred by the Eleventh Amendment because it would require the state to pay retroactive benefits. Radogna v. Connolly (U.S. Dist. Ct., D. N.J., No. 1:16-cv-5477 (NLH/KMW), Aug. 24, 2018). Dominic Rodogna and Solomon Krupka both.. read more →
V.S. is a nursing home resident; her adult son is her legal guardian, and she was represented by legal counsel. V.S.’s authorized representative submitted a Medicaid application with the Bergen County Board of Social Services (BCBSS) on her behalf. In response, BCBSS requested information verifying the information on her application, including several months of bank.. read more →
An Appeals Court affirmed an agency decision denying a Medicaid applicant’s request for a fair hearing because it was filed more than seven months after a denial notice was sent advising him he had twenty days to request a fair hearing, even though the notice was sent directly to the applicant rather than to his.. read more →
A.F. is a quadriplegic as a result of an accident that occurred 20 years ago. She is totally disabled and needs personal assistance to perform all activities of daily living. For many years, A.F. has relied upon Medicaid benefits to provide her with the assistance she desperately needs. Under regulations, the Medicaid agency must re-determine.. read more →
A New Jersey appeals court ruled that a Medicaid applicant who began paying her daughter after the daughter provided two years of free caregiving did not rebut the presumption that a transfer of assets to a relative who previously provided services for free is an uncompensated transfer of assets for Medicaid purposes. E.B. v. Division of.. read more →
W.M. was admitted to a nursing home in Cranford, New Jersey. In December 2013, W.M.’s wife, E.M., filed a Medicaid application for W.M. with the local Medicaid agency, the Union County Division of Social Services (“the County”). In January 2014, the County requested additional information and/or documents about W.M.’s income, life insurance, and household expenses… read more →
A.F. was diagnosed with Alzheimer’s disease and osteoarthritis in 2007. She also had difficulty walking. Her husband, T.F., was in failing health, with Parkinson’s disease and COPD, and had other mobility issues. Beginning in 2012, T.F. could not care for A.F. due to his own health problems. T.F. died of lung cancer in 2015. J.F.,.. read more →
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