Category

Medicaid Applications
Transfer of assets and Medicaid eligibility illustration.
16
Apr

Medicaid Announces Decreased Penalty Divisor for 2025

April 16, 2025
To discourage the practice of transferring assets to obtain Medicaid eligibility, Congress enacted legislation to...
Illustration of Medicaid health insurance concept.
08
Feb

2025 Medicaid Numbers Released

February 8, 2025
MEDICAID is a joint federal and state program that provides medical assistance for financially eligible...
Illustration of a group of abled and disabled persons.
15
Jul

NJ Medicaid Announces WorkAbility Phase 2 Expansion

July 15, 2024
Effective February 1, 2024 On April 17, 2024, the New Jersey Division of Medical Assistance...
Medicaid Eligibility and Child Support Illustration.
09
Jul

Medicaid Applicant’s Assets Placed in Trust for Child Support are Not “Available” in Calculating Medicaid Eligibility

July 9, 2024
Appellate Division Reverses Final Agency Decision W.F. is a legally incapacitated person who has been...
05
Apr

NJ’s Division of Consumer Affairs Issued Warning About Non-Lawyers Who Assist Consumers Filing Medicaid Applications

April 5, 2017
New Jersey’s Division of Consumer Affairs (DCA) released a Consumer Brief on Medicaid Advisors/Application Assistors....
12
Oct

Preliminary Injunction Denied in Lawsuit to Prevent Medicaid Agency from Counting Dead Husband’s Assets

October 12, 2016
A U.S. district court denied a preliminary injunction to a Medicaid applicant who sued New...
05
Sep

Medicaid Applicants Must Receive Full and Fair Notice of the Reasons for a Decision to Deny Benefits

September 5, 2016
In this case, the Court considered whether a Medicaid applicant received full and fair notice...
14
Jul

Medicaid Officials Not Liable For Providing False Information; Applicant Could Have Obtained Correct Info By Hiring A Lawyer

July 14, 2016
In a recent opinion, an appellate court in Minnesota held that county officials were not...
24
May

NJ Supreme Court Rules Non-Lawyers Who Assist In Medicaid Planning Are Engaged In The Unauthorized Practice of Law

May 24, 2016
The Committee on the Unauthorized Practice of Law, appointed by the Supreme Court of New...
26
Apr

Payments from an Annuity Purchased with a Spouse’s “Resource Allowance” are Income under Medicaid

April 26, 2016
A New Jersey appeals court ruled that payments to the spouse of a Medicaid recipient...
07
Apr

Alzheimer’s Association Issues 2016 Alzheimer’s Disease Facts and Figures Report

April 7, 2016
The Alzheimer’s Association has issued its 2016 Alzheimer’s Disease Facts and Figures report. The report is “a statistical...
06
Apr

What is the Medicaid “Look-Back” Period?

April 6, 2016
Medicaid, unlike Medicare, is a public benefit program based upon financial need. As a result,...
25
Jan

Medicaid Denial Reversed; Agency Failed to Accommodate Disabled Applicant or Assist in Obtaining Information and Documents

January 25, 2016
After he was admitted to a nursing home in 2013, petitioner, R.P., accrued unpaid bills...
18
Jan

Medicaid’s Decision to Deny Disabled Woman’s Application for a Power Wheelchair is Vacated on Appeal

January 18, 2016
M.S. is a 73-year old residing in at a long-term care facility. She is a...
23
Nov

Administrator of Estate Lacked Standing to Appeal Medicaid Denial

November 23, 2015
A court in Connecticut ruled that the administrator of an estate lacked standing to appeal...
29
Jan

Court Rejects Fee Application, Ruling Medicaid Applicant Who Won Preliminary Injunction Is Not Prevailing Party

January 29, 2015
Two years ago, in 2013, a federal judge in New Jersey granted a preliminary injunction...
20
Oct

Medicaid’s Filing Deadline For An Appeal Can Be Extended Based On “Extraordinary And Extenuating Circumstances”

October 20, 2014
An appeal of a claim for Medicaid benefits that was filed late may be considered...
02
Sep

Agency’s Significant Delay in Processing Medicaid Application in Blatant Violation of Regulations Results in No Sanctions

September 2, 2014
In A.H. v. Division of Medical Assistance and Health Services, 2014 N.J. Agen. LEXIS 91...
27
Jul

Transfer of Assets does not Impact Eligibility When Made for a Purpose Other than to Qualify for Medicaid

July 27, 2014
In a very unusual ruling, a New York appeals court ruled that, despite transferring significant...
31
Mar

Effective April 1, 2014, New Jersey Substantially Increases the Medicaid Penalty Divisor

March 31, 2014
As a result of the advocacy efforts by several New Jersey elder law attorneys following a...
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