Category

Gifts
16
May

Big Increase in Medicaid’s “Penalty Divisor”

May 16, 2017
New Jersey’s Medicaid rules are complicated, and always changing. One such change in the rules...
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...
08
Apr

Did You Know…?   In Some Situations, A Medicaid Applicant’s Home Can Be Gifted Without A Medicaid Penalty

April 8, 2016
In general, Medicaid rules impose periods of Medicaid ineligibility (“penalty periods”) when a Medicaid applicant...
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,...
02
Sep

Medicaid Gift Penalty May Not Be Reduced If Some, Or All, Of The Gifted Assets Are Returned

September 2, 2015
The Superior Court of New Jersey, Appellate Division, affirmed a decision of the Director of...
14
Aug

Penalty Imposed For Medicaid Applicant’s Transfer of Assets To Disabled Veteran

August 14, 2015
Federal court rules that federal law does not require a State to disregard a transfer...
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....
02
Jun

No Reduction In Medicaid’s Transfer Penalty Unless ALL Transferred Assets Are Returned To The Applicant

June 2, 2015
In the C.C. v. Division of Medical Assistance and Health Services case, plaintiff filed an application...
03
Sep

Appeals Court Affirms Penalty, Ruling Gifts Not Made Exclusively for a Purpose Other than to Qualify for Medicaid

September 3, 2014
Gifts made during the Medicaid look-back period result in a penalty, or period of ineligibility,...
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...
16
Jun

House Ownership Options when a Parent and Adult Child Live Together: Tax, Medicaid and Personal Issues

June 16, 2014
(On June 16, 2014, I was a speaker at the 71st Semi-Annual Tax & Estate...
25
Feb

CMS Provides Guidance on Application of Medicaid’s Estate Recovery and Asset Transfer Rules to Medicaid Recipients Eligible Under The Affordable Care Act

February 25, 2014
The Centers for Medicare and Medicaid Services (CMS) has released a letter (CMS Letter SMD-14-001)...
04
Sep

Transfers By Medicaid Applicant To Adult Disabled Children Are Exempt, Even Though Children’s Social Security "Disability" Benefits Were Converted To “Retirement” Benefits At Age 65

September 4, 2013
In an Initial Decision of the New Jersey Office of Administrative Law, Administrative Law Judge...
20
Dec

New Jersey Increases Medicaid Penalty Divisor, But Artificially Keeps The Rate Far Less Than The Actual Monthly Cost Of Nursing Home Care

December 20, 2012
New Jersey’s Medicaid rules are complicated, and seem like they’re always changing. One such change...
23
Sep

Gifting, Medicaid and VA Aid and Attendance Benefits

September 23, 2012
Aid and Attendance is a benefit that is available through the Department of Veterans Affairs...
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. ...
05
Jun

Court-Approved Compensation Paid To Medicaid Applicant’s Children For Services Under Power Of Attorney Does Not Prevent Medicaid Penalty

June 5, 2011
A New Jersey appeals court upheld the imposition of a penalty period on a nursing...
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...
04
Jun

New Jersey Rewrites The Rules Concerning Gifts Made By Medicaid Applicants Which Are Later Returned

June 4, 2010
As many readers know, Medicaid applicants are subject to the imposition of a penalty, or...
11
Apr

Federal District Court Permanently Enjoins NJ From Imposing “Never Ending” Penalty For Gifts Made By Applicants For Services Under Medicaid Waiver Programs

April 11, 2010
Soon after the passage of the Deficit Reduction Act of 2005 (DRA), New Jersey’s Division...
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