Category

Medicaid Planning
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...
16
Jan

Florida’s Supreme Court Bars Non-Lawyers From Engaging in Medicaid Planning

January 16, 2015
Florida’s Supreme Court ruled that non-lawyers who engage in various Medicaid planning activities are engaging...
13
Jan

Medicaid Granted Though Spouse Gambled Away Substantial Inheritance, Leaving Applicant Impoverished

January 13, 2015
An Administrative Law Judge found a Medicaid applicant eligible for benefits even though the applicant...
23
Dec

NJ Medicaid Announces the Official End of the Medically-Needy Program; Long live the New Managed Long Term Services and Supports Program

December 23, 2014
By notice contained in Medicaid Communication 14 – 15 issued on December 19, 2014, the State...
09
Dec

SSI / Medicaid / Social Security / Medicare Income Limits, Premium Increases  and Resources Allowances for 2015

December 9, 2014
 Supplemental Security Income (SSI): Effective 1-1-15  SSI Federal Benefit Rate           SSI Resource...
14
Nov

401(k) and IRAs Owned by Spouse of Medicaid Applicant may not be countable by New Jersey Medicaid

November 14, 2014
New Jersey Medicaid may not count IRAs, 401(k) and pension plans owned by the spouse...
11
Nov

With Upcoming Major Overhaul of Medicaid, Managed Long Term Services and Supports Debuts in New Jersey

November 11, 2014
As discussed in a prior blog post, a major overhaul of Medicaid will be introduced...
09
Oct

Major Overhaul of Medicaid, Extending Eligibility to Many New Jersey Residents, Scheduled for November 1, 2014

October 9, 2014
New Jersey’s Qualified Income Trust Template For many years, Medicaid programs available to elderly and...
08
Oct

Entry of Order Determining Issue of Genuine Dispute was Erroneous; Failure to Give Adverse Party Five Days to Object Violated New Jersey Court Rules

October 8, 2014
In In re Tomei Trust, in connection with a family dispute regarding ownership of a...
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,...
28
Aug

New Jersey Planning to Eliminate the Income Cap for Home-and-Community Medicaid

August 28, 2014
The Medicaid programs in New Jersey which help residents pay long-term care costs are about...
30
Jul

The Need for Medicaid Planning

July 30, 2014
(In Zahner v. Mackereth (U.S. Dist. Ct., W.D. PA, Jan. 16, 2014), a federal district court...
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...
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