Category

Medicaid Planning
22
Feb

Second Circuit Bars Medicaid Penalty: Trusts Not Countable Since Beneficiary Had No Authority To Direct Distributions

February 22, 2017
In Simonsen v Bremby(2d Cir., No. 16-204-cv, Feb. 15, 2017), the daughter/Medicaid applicant filed suit...
02
Feb

Donald D. Vanarelli (Retired), Esq. to Present at the 8th Annual Senior Lawyers Conference

February 2, 2017
Donald D. Vanarelli (Retired), Esq. (https://vanarellilaw.com/) will present at the 8th Annual Senior Lawyers Conference...
29
Jan

Appeals Court Clarifies Right of Surviving Spouse Who Received Medicaid To Share In Deceased Spouse’s Estate

January 29, 2017
As 2007 began, Arthur Brown, who was then seventy-eight years old, and his wife, Mary,...
03
Jan

Court Rules Asset Transfers to Child Before Entering Nursing Home Not Made To Qualify for Medicaid

January 3, 2017
A New York appeals court ruled that a Medicaid applicant successfully rebutted the presumption that...
17
Nov

Estate Planning for Elders Facing Long-Term Care Costs: Medicare, Medicaid and VA Benefits

November 17, 2016
On November 15, 2016, I presented at the Second Annual Caring for Caregivers Conference at the...
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...
06
Oct

Donald D. Vanarelli (Retired), Esq. to Present at the Elder & Disability Law Section Roundtable Discussion on Medicaid Appeals

October 6, 2016
Westfield, NJ – October 6, 2016 — Donald D. Vanarelli (Retired), Esq. (https://vanarellilaw.com/) will participate...
09
Sep

Donald D. Vanarelli (Retired), Esq. to Moderate the Advanced Special Needs Trust Symposium

September 9, 2016
“Use of Special Needs Trusts in Cases Involving Divorce”  to be presented by leading NJ...
05
Sep

Medicaid Applicants Must Receive Full and Fair Notice of the Reasons for a Decision to Deny Benefits

September 5, 2016
In this case, the Court considered whether a Medicaid applicant received full and fair notice...
17
Aug

“Spousal Refusal” Strategy, Used to Avoid Paying Nursing Home, Held to Create Implied Contract to Repay Medicaid Benefits

August 17, 2016
A New York trial court entered judgment against a woman who refused to contribute to...
14
Jul

Medicaid Officials Not Liable For Providing False Information; Applicant Could Have Obtained Correct Info By Hiring A Lawyer

July 14, 2016
In a recent opinion, an appellate court in Minnesota held that county officials were not...
24
May

NJ Supreme Court Rules Non-Lawyers Who Assist In Medicaid Planning Are Engaged In The Unauthorized Practice of Law

May 24, 2016
The Committee on the Unauthorized Practice of Law, appointed by the Supreme Court of New...
17
May

Court Denied Medicaid’s “Caregiver Child” Exemption To Applicant’s Daughter Who Provided Care For 24 Years  

May 17, 2016
A New Jersey appeals court ruled that a Medicaid applicant’s daughter, who lived with her...
26
Apr

Payments from an Annuity Purchased with a Spouse’s “Resource Allowance” are Income under Medicaid

April 26, 2016
A New Jersey appeals court ruled that payments to the spouse of a Medicaid recipient...
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...
07
Apr

Alzheimer’s Association Issues 2016 Alzheimer’s Disease Facts and Figures Report

April 7, 2016
The Alzheimer’s Association has issued its 2016 Alzheimer’s Disease Facts and Figures report. The report is “a statistical...
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,...
28
Mar

Assisted Living Residents Who Received Charitable “Fellowship Credits” Are Ineligible for Medicaid

March 28, 2016
A New Jersey appeals court held that a needs-based credit applied to the accounts of...
25
Jan

Medicaid Denial Reversed; Agency Failed to Accommodate Disabled Applicant or Assist in Obtaining Information and Documents

January 25, 2016
After he was admitted to a nursing home in 2013, petitioner, R.P., accrued unpaid bills...
14
Jan

Top 10 Blog Posts on www.VanarelliLaw.com in 2015

January 14, 2016
Happy New Year to clients, supporters, friends and readers. Last month, an article on this...
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