To help today’s Medicare beneficiaries, the Center for Medicare and Medicaid Services (CMS) combined eight Compare tools, allowing users to easily find information that is most important in making health care decisions. The new platform is currently up and running. Using the new Care Compare Tool, CMS combined 8 original provider Compare websites. In the.. read more →

In this case, the New Jersey Superior Court, Appellate Division, (1) restricted a guardian’s ability to make gifts to those individuals expressly named as residuary beneficiaries of the ward’s Last Will and Testament; (2) limited the amount of gifts to $14,000 per person each year pursuant to a power of attorney which the ward executed.. 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 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 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 →

Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 2020 Elder and Disability Law Retreat to be held virtually via ZOOM on July 30, 2020 by the New Jersey State Bar Association Elder and Disability Law Section and the New Jersey Institute for Continuing Legal Education. Mr. Vanarelli will participate in a panel of attorneys.. 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 →

For additional information concerning estate planning and administration, visit: Estate Planning and Administration For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services   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 →

This week we lost one of my favorite clients. Thomas Saccone was a retired Newark firefighter. He and his wife are the parents of a severely disabled son who receives Supplemental Security Income (“SSI”) and Medicaid, which are critical in providing for his care. As a firefighter, Tom was a member of the Police and.. 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 →

The U.S. government is extending the tax-filing deadline to July 15, a move meant to give taxpayers extra time to deal with their taxes amid the COVID-19 outbreak.  Taxpayers now have an extra three months to both file and make payments without interest or penalties. Originally, the federal government was going to give taxpayers until.. 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 →

Listed below are the top ten (10) posts on the Vanarelli Law Office blog with the highest readership last year, in 2019. After each hyperlinked blog post title, the original post date is included. Check out the list to see this year’s highlights. Our sincere thanks for taking the time to read our blog!    .. 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 →

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 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 →

For additional information concerning New Jersey elder law, visit: NJ Elder Law and Estate Planning Services   read more →

A Massachusetts court held that the state is not entitled to recover Medicaid benefits from a community spouse’s annuity. Dermody v. The Executive Office of Health and Human Services (Mass. Super. Ct., No. 1781CV02342, Jan. 16, 2020). Robert Hamel purchased an annuity that named the state as primary beneficiary to the extent any Medicaid benefits are.. read more →