Category

Medicaid Planning
12
Oct

Payments to a Nursing Home for Care by an Adult Child for the Benefit of his Parent who was a Medicaid Applicant is Held to Be a Countable Resource in Determining Medicaid Eligibility

October 12, 2008
On September 30, 2008, NJ Administrative Law Judge Stephanie M. Wauters issued a written opinion...
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...
29
Sep

A New York Appeals Court Holds That The Usual Household Expenses Incurred by a Wife Necessitate An Increased Maintenance Allowance Even Though Her Husband Is A Medicaid Recipient In A Nursing Home

September 29, 2008
A New York appeals court held that a community spouse is entitled to an increased...
26
Sep

CMS Never Ending Penalty Period Rule Upheld in Appeal of Denial of Application for Assisted Living Facility Medicaid in New Jersey

September 26, 2008
The Center for Medicare and Medicaid Services (“CMS”) states that the Deficit Reduction Act of 2005...
18
Sep

Proposed Rule Addresses Problems that May Arise When A Medicaid Applicant Purchases A Long-Term Care Insurance Partnership Policy in One State and Then Applies for Medicaid In Another State

September 18, 2008
The U.S. Department of Health and Human Services has issued a new notice addressing the...
16
Sep

In an important case, a NJ administrative law judge decided that a bank account titled to a Medicaid applicant and another person does not automatically disqualify the applicant for Medicaid

September 16, 2008
New Jersey’s Office of Administrative Law recently issued a significant ruling that may make it...
06
Jun

New Jersey plans to implement Long-Term Care Insurance Partnership Program on July 1, 2008

June 6, 2008
The Deficit Reduction Act of 2005 (“DRA”) authorized the expansion of the Long Term Care...
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...
07
May

The State of Pennsylvania has decided that an irrevocable annuity owned by the Community Spouse is NOT an available resource in determining the Institutional Spouses eligibility for Medicaid. This is still an unresolved issue in New Jersey, more than TWO YEARS after the new federal Medicaid law was passed.

May 7, 2008
The federal Deficit Reduction Act of 2005 (DRA), which became effective on February 8, 2006,...
01
May

NJ ALJ Concludes That the Penalty Period for Applicants for Assisted Living Facility Medicaid Benefits Has a Start Date

May 1, 2008
An administrative law judge has concluded that an individual who is trying to avoid nursing...
28
Apr

Financial Exploitation of an Elder May Have Negative Consequences if the Elder Later Applies for Medicaid Benefits

April 28, 2008
I recently litigated two different cases in the Superior Court, Union County, each involving the...
24
Apr

Receipt of VA Aid & Attendance benefits will NOT make a resident of an assisted living facility ineligible for Medicaid based on excess income.

April 24, 2008
In recent presentations to staff at assisted living facilities, I was told that staff members...
21
Apr

NJ Court Narrows Exception Excluding Business Property For Medicaid Purposes

April 21, 2008
A New Jersey appeals court ruled that $1.7 million in customer contracts held by a...
1 … 8 9 10

Call Us Today

To schedule a consultation with Vanarelli & Li, LLC, call 908-232-7400 or click here to contact us online. As always, we look forward to hearing from you.

Categories