Category

Care Contracts
21
Jul

Another Caregiver Agreement Rejected By New Jersey Medicaid

July 21, 2015
E.A. began residing in a home owned by her adult daughter, B.C., in September 2004....
01
May

Payments Made By Medicaid Applicant To Family Member Under Care Agreement Were Uncompensated Transfers, Subject to Penalty Period

May 1, 2014
A New Jersey appeals court held that payments made by a Medicaid applicant to her...
10
Aug

The Legitimate Use of Personal Services Contracts in Long-Term Care Planning

August 10, 2011
Very often, family members provide assistance in caring for an aged or disabled loved one. ...
16
Feb

VA Aid and Attendance Benefits and Personal Care Contracts

February 16, 2011
(The following is part of a discussion, taken from a listserv, or electronic bulletin board,...
14
Dec

Top 12 New Jersey Elder Law Cases Decided In 2010

December 14, 2010
Here are my selections for the top ten (10) twelve (12) New Jersey elder law...
20
Apr

ALJ Finds, Contrary To Court Order, That Payment To Adult Children For Services Provided To Medicaid Applicant Under Power Of Attorney Was A Gift

April 20, 2010
A New Jersey administrative law judge (ALJ) recently held, contrary to a court order awarding...
29
Mar

Payment For Care Under A Contract Is Not Transfer For Fair Market Value And Results In A Penalty Period Under Medicaid

March 29, 2010
A New Jersey appeals court recently held that a life care contract between a nursing...
30
Oct

New York State Court Rejects Personal Care Contracts In Nursing Home Setting

October 30, 2009
In a matter involving personal service agreements, five petitioners brought a court action challenging determinations...
01
Sep

New York Court Rules Lump-Sum Payments for Future Personal Services Are Improper Transfers

September 1, 2009
Combining a series of related cases, a New York appeals court determined that five Medicaid...
18
Dec

Director of Medicaid upholds the denial of nursing home Medicaid benefits to applicants who paid family members for care under Life Care Contracts

December 18, 2008
As I reported in a blog post in October at http://www.vanarellilaw.com/2008/10/07/nj-judge-recently-ruled-that-a-medicaid-applicants-prepayment, ALJ Paone ruled, in...
06
Dec

I was a speaker at County Bar Associations discussing new Medicaid planning strategies

December 6, 2008
The pace of decisions in Medicaid appeals has picked up recently, with several significant decisions...
01
Dec

MEDICAID PLANNING: NEW STRATEGIES, NEW CASES

December 1, 2008
What emerging case law is demonstrating about Medicaid planning techniques: SITUATION PLANNING TECHNIQUE Applicant does...
07
Oct

A NJ Administrative Law Judge Recently Ruled That The Prepayment by a Medicaid Applicant For Care To Be Provided In The Future By A Family Member Under A Personal Services Contract Was A Transfer Of Assets For Less Than Fair Market Value, Resulting In The Imposition Of A Penalty

October 7, 2008
In a trio of cases which were consolidated because the cases presented a common question...

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