Elder and Disability Law News for October 2022 from Vanarelli & Li, LLC
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In this case, C.L., a resident of a nursing home, applied for Medicaid benefits. The state’s Medicaid agency, the Division of Medical Assistance and Health Services (DMAHS), denied her application. DMAHS determined an annuity C.L. purchased, which she understood to be irrevocable, was instead found to be revocable by the agency and counted as a.. read more →
A.V. suffered from Alzheimer’s disease and dementia. In January 2021, A.V. moved into a skilled nursing facility. That April, she filed her first application for Medicaid benefits, seeking a community spouse resource allowance for her husband, J.V. In June 2021, the Cumberland County Board of Social Services (CCBSS) denied the claim, advising A.V. and J.V… read more →
Long-term care comes at a tremendous financial price, especially around-the-clock nursing home care. The cost of a private room in a nursing home in New Jersey is at least $12,000 per month, and may be more. Most people end up paying for long-term care and/or nursing home care out of their savings until they spend.. read more →
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The Director of the Medicaid agency in New Jersey held that income in a Qualified Income Trust which was used to pay the room and board fee for a resident of an assisted living facility was not countable in determining the resident’s eligibility for Medicaid benefits. H.H. v. Monmouth County Board of Social Services – Final.. read more →
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Elder and Disability Law News for April 2020 from Vanarelli & Li, LLC
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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 →
Elder and Disability Law News for February 2020 from Vanarelli & Li, LLC
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Elder and Disability Law News for January 2020 from Vanarelli & Li, LLC
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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 →
Elder and Disability Law News for December 2019 from Vanarelli & Li, LLC
For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services read more →
Elder and Disability Law News for November 2019 from Vanarelli & Li, LLC
For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services For additional information concerning elder abuse actions, visit: Will Contests, Probate Litigation and Elder Abuse Actions read more →
Elder and Disability Law News for October 2019 from Vanarelli & Li, LLC
For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services read more →
Elder and Disability Law News for July 2019 from Vanarelli & Li, LLC
For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services _______________________________________________ ABOUT DONALD D. VANARELLI Donald D. Vanarelli has been a practicing attorney since 1983 in New Jersey and New York. Don provides legal services in the areas of elder law, estate planning, trust administration, special education,.. read more →
M.M. filed for Medicaid benefits on three occasions. In June 2018, M.M. filed her first Medicaid application. Benefits were denied due to excess income; that is, her income exceeded the monthly cost of the assisted living facility (ALF) where she resided. She received $6,141.93 per month from an annuity she purchased for $73,673.11 in May.. read more →
A New Jersey appeals court ruled that payments to the spouse of a Medicaid recipient from an annuity purchased with the spouse’s “resource allowance” were properly considered “income” to the spouse under the Medicaid rules. J.G. v. Division of Medical Assistance and Health Services J.G., who was married to M.G. for 67 years, suffered from Alzheimer’s.. read more →
In a 2 to 1 precedential decision by the United States Court of Appeals for the Third Circuit reversing an earlier federal district court judgment, the court ruled that “short-term annuities” purchased by applicants for nursing home Medicaid cannot be treated as an “available resource” that prevent Medicaid eligibility. Zahner v. Secretary, Pennsylvania Department of Human.. read more →
Two years ago, in 2013, a federal judge in New Jersey granted a preliminary injunction to Elizabeth Flamini, a Medicaid applicant who successfully sued for an injunction preventing the State of New Jersey from counting an annuity owned by Mrs. Flamini’s husband Angelo as an available resource in determining Medicaid eligibility. Flamini v. Velez ,.. read more →
(In Zahner v. Mackereth (U.S. Dist. Ct., W.D. PA, Jan. 16, 2014), a federal district court ruled that long-term annuities, that is, annuities with payment terms of 5-years or more, purchased by Medicaid applicants were not transfers for less than fair market value and, therefore, were not subject to a penalty period, but that shorter-term annuities.. read more →
In Brill v. Velez (U.S. Dist. Ct., D. N.J., No. 1:13-cv-05643 (NLH/AMD), June 27, 2014), a federal district judge ruled that an applicant’s claim against the State of New Jersey for denying Medicaid benefits based upon the purchase of an annuity survived a motion to dismiss even though the State reversed the denial because the applicant.. read more →
A federal district court in New Jersey ruled that a Medicaid applicant was not entitled to a preliminary injunction to prevent the State from counting her annuity as an available resource. Matrangolo v. Velez (U.S. Dist. Ct., D. N.J., No. 13-6289 (MAS) (LHG), May 30, 2014). Plaintiff Marie Matrangolo, an 88-year-old woman who has been a.. read more →
The annual roundup of the top 10 11 elder law decisions from across the country for 2013 as prepared by staff at the ElderLawAnswers website is reproduced below. Almost all the cases hinged on the interpretation of state or federal Medicaid law. Those purchasing annuities or transferring property in exchange for a promissory note did.. read more →
For the first time, the Division of Medical Assistance and Health Services (DMAHS), New Jersey’s Medicaid agency, held that an applicant for nursing home Medicaid was eligible for benefits despite the fact that she made a substantial gift within the look-back period and owned an $80,000 annuity. M.W. v. Division of Medical Assistance and Health.. read more →
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