Category

Gifts
26
Oct

Federal Judge Enjoins New Jersey From Denying Medicaid Eligibility To Aged Parents Who Transferred Assets Outright To Their Blind Or Disabled Children

October 26, 2009
In order to qualify for Medicaid benefits, applicants cannot possess assets which exceed the financial...
17
Jun

NY Court Rules That Guardian May Conduct Medicaid Planning on Behalf of His Great Aunt

June 17, 2009
A New York trial court allows a guardian to conduct Medicaid planning on behalf of...
08
Jun

Medicaid Eligibility Established Although Gifts Were Made During The Look-Back Period

June 8, 2009
In the May 27, 2009 Initial Decision of Estate of M.M. v. DMAHS, a New...
26
May

NJ Appeals Court Rules That A Transfer of Assets Was Post-DRA Because It Occured When Checks Were Cashed, Not Written

May 26, 2009
A New Jersey appeals court held earlier this month that a Medicaid applicant’s transfer of...
31
Jan

Medicaid Applicant Denied Fair Hearing After Her Power of Attorney Waited Too Long to Appeal Denial of Medicaid Application

January 31, 2009
A New Jersey appeals court recently determined that a Medicaid applicant is not entitled to...
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...
09
Nov

New administrative law case disallows any reduction in a Medicaid penalty period based upon the return of gifted assets after a Medicaid application is filed

November 9, 2008
In E.S. vs. Division of Medical Assistance and Health Services, petitioner, a 91 year old...
29
Oct

New Medicaid Planning Strategy Held To Be Valid In New Jersey In An Important New Case

October 29, 2008
As I reported in a May 22, 2008 blog posting several months ago, I received a...
22
May

NJ Medicaid is now denying eligibility if the applicant engages in Medicaid estate planning with the intent of achieving eligibility for benefits, holding that the motivation of the applicant determines whether the applicant is or is not eligible. This ruling is plainly contrary to settled NJ law

May 22, 2008
I recently received a denial notice from the local Medicaid agency in a case in...
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