Category

Medicaid Planning
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...
08
Jul

Medicaid Applicant’s Claim Against State for Unreasonable Delay Survives New Jersey’s Motion to Dismiss

July 8, 2014
In Brill v. Velez (U.S. Dist. Ct., D. N.J., No. 1:13-cv-05643 (NLH/AMD), June 27, 2014), a...
26
Jun

GAO finds 5% of Applicants Transferred Assets for Less Than Fair Market Value to Qualify for Nursing Home Medicaid

June 26, 2014
On June 23, 2014, the Government Accountability Office (GAO) released its report, Financial Characteristics of...
20
Jun

Gift Penalty Affirmed; No Evidence Medicaid Applicant’s Transfer was Loan Repayment, and No Deference Accorded ALJ’s Contrary Decision

June 20, 2014
In the May 19, 2014 J.P. v. Division of Medical Assistance and Health Services decision, New...
16
Jun

House Ownership Options when a Parent and Adult Child Live Together: Tax, Medicaid and Personal Issues

June 16, 2014
(On June 16, 2014, I was a speaker at the 71st Semi-Annual Tax & Estate...
10
Jun

Court Denies Preliminary Injunction to Prevent New Jersey Medicaid from Counting Annuity as Available Resource

June 10, 2014
A federal district court in New Jersey ruled that a Medicaid applicant was not entitled...
03
Jun

NJ Federal Court Awards Medicaid, Excluding Entire VA Pension Benefit from Countable Income

June 3, 2014
Hon. Robert B. Kugler, United States District Judge for the District of New Jersey, reversed...
01
May

Payments Made By Medicaid Applicant To Family Member Under Care Agreement Were Uncompensated Transfers, Subject to Penalty Period

May 1, 2014
A New Jersey appeals court held that payments made by a Medicaid applicant to her...
31
Mar

Effective April 1, 2014, New Jersey Substantially Increases the Medicaid Penalty Divisor

March 31, 2014
As a result of the advocacy efforts by several New Jersey elder law attorneys following a...
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