Category

Medicaid Planning
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...
25
Feb

CMS Provides Guidance on Application of Medicaid’s Estate Recovery and Asset Transfer Rules to Medicaid Recipients Eligible Under The Affordable Care Act

February 25, 2014
The Centers for Medicare and Medicaid Services (CMS) has released a letter (CMS Letter SMD-14-001)...
11
Feb

The Top 10 Elder Law Court Rulings of 2013

February 11, 2014
The annual roundup of the top 10 11 elder law decisions from across the country...
09
Feb

NJ Resident Found Eligible For Medicaid Despite Making A Gift And Owning An $80,000 Annuity

February 9, 2014
For the first time, the Division of Medical Assistance and Health Services (DMAHS), New Jersey’s ...
27
Jan

Medicaid Agency Not Bound By Court Order Of Support For Community Spouse Entered Without Notice To Agency

January 27, 2014
In this case, the Superior Court of New Jersey, Appellate Division, held that the state...
21
Jan

Federal Court Holds Short-Term Annuities Purchased By Medicaid Applicants Constituted Improper Transfers Of Assets

January 21, 2014
A federal district court in Western Pennsylvania held that the purchases of single premium immediate...
13
Nov

Amicus Curiae Granted Permission To Appear Before The Supreme Court Regarding State’s Refusal To Permit Retired Firefighter To Name Special Needs Trust As Beneficiary Of Pension Benefit For His Disabled Child

November 13, 2013
On March 13, 2013, the highest court of our state granted my Petition for Certification,...
12
Sep

Another Federal Circuit Court Rules Spouse’s Annuity Is Not an Available Resource In Determining Medicaid Eligibility

September 12, 2013
As the U.S. Court of Appeals, 2nd Circuit, held in Lopes v. Dep’t of Social...
04
Sep

Transfers By Medicaid Applicant To Adult Disabled Children Are Exempt, Even Though Children’s Social Security "Disability" Benefits Were Converted To “Retirement” Benefits At Age 65

September 4, 2013
In an Initial Decision of the New Jersey Office of Administrative Law, Administrative Law Judge...
23
Aug

New Jersey Supreme Court Rules That Order Awarding Child Support To Disabled Child May Be Modified By Establishing Special Needs Trust For Child

August 23, 2013
In an opinion that breaks sharply with established practice, the New Jersey Supreme Court ruled...
22
Jul

Federal Court Enjoins New Jersey From Counting Annuity Owned By Medicaid Applicant’s Spouse As An Available Resource

July 22, 2013
A federal district court judge in New Jersey granted a Medicaid applicant’s motion for a...
19
Jul

Federal Court In New Jersey Affirms Denial Of Medicaid, Finding Promissory Notes Owned By Applicants To Be Countable Resources

July 19, 2013
John Landy and Margaret Sauchelli are elderly persons who purchased promissory notes and subsequently applied...
10
Jun

Court Finds Medicaid Applicant Who Paid Disabled Daughter’s Rent For Many Years Subject to Penalty Period

June 10, 2013
A Medicaid applicant who made payments to her daughter for more than four years and...
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