Category

Medicaid Planning
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...
24
Nov

Attorney Who Provided Flawed Medicaid Planning Advice by Counseling Against Life Estate Liable For Legal Malpractice

November 24, 2015
Marie Brissette and her husband consulted attorney Edward Ryan for advice about how to protect...
04
Nov

Medicaid Not Required to Consider Applicant’s Trust Reformed by a Court During the Look-Back Period

November 4, 2015
An appeals court holds that the Massachusetts Medicaid is not required to recognize the reformation...
03
Sep

Federal Appeals Court Rules Short-Term Annuities Are Not “Available Resources” Preventing Medicaid Eligibility

September 3, 2015
In a 2 to 1 precedential decision by the United States Court of Appeals for...
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...
21
May

Top 10 New Jersey Elder Law and Special Needs Planning Cases Decided in 2014

May 21, 2015
The 17th Annual Elder Law Retreat, presented by the New Jersey State Bar Association Elder and...
27
Feb

New Jersey Pays $100,000 in Legal Fees in Federal Lawsuit Excluding VA Pension as Income for Medicaid

February 27, 2015
Here are checks from the State of New Jersey issued to plaintiffs’ counsel as a...
11
Feb

New Jersey Settles Federal Lawsuit, Amending its Medicaid Program to Exclude VA Pension as Countable Income

February 11, 2015
In February 2015, a Consent Order was filed in New Jersey federal district court, concluding a...
29
Jan

Court Rejects Fee Application, Ruling Medicaid Applicant Who Won Preliminary Injunction Is Not Prevailing Party

January 29, 2015
Two years ago, in 2013, a federal judge in New Jersey granted a preliminary injunction...
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