A New York trial court entered judgment against a woman who refused to contribute to her spouse’s nursing home expenses, finding that because she had adequate resources to do so, an implied contract was created between her and the State of New York entitling the state to repayment of Medicaid benefits it paid on the.. read more →

In a recent opinion, an appellate court in Minnesota held that county officials were not liable for incorrectly telling a Medicaid applicant that his estate would not be subject to a Medicaid lien because the applicant could have hired a lawyer to learn the correct information. Benigni v. St. Louis County (Minn. Ct. App., No. A15-1154, June.. read more →

The Committee on the Unauthorized Practice of Law, appointed by the Supreme Court of New Jersey, recently issued Opinion 53 in which the Court considered weather non-lawyers who assisted applicants and beneficiaries in applying for Medicaid benefits were engaged in the unauthorized practice of law. The Court identified the non-lawyers providing Medicaid assistance as “Medicaid.. read more →

A New Jersey appeals court ruled that a Medicaid applicant’s daughter, who lived with her mother and provided care for 24 years before her mother was admitted to the nursing home, did not meet “caregiver child” exception to Medicaid’s transfer of assets rules because during that period care was provided by the applicant’s son for.. read more →

A New Jersey appeals court ruled that payments to the spouse of a Medicaid recipient from an annuity purchased with the spouse’s “resource allowance” were properly considered “income” to the spouse under the Medicaid rules. J.G. v. Division of Medical Assistance and Health Services J.G., who was married to M.G. for 67 years, suffered from Alzheimer’s.. read more →

The New York State Bar Association has issued a brochure to help consumers understand the benefits of utilizing an elder law attorney to assist (1) in the preparation of Medicaid applications and (2) in planning for yourself or a loved one to protect assets when seeking eligibility for public benefits based upon financial need. The.. read more →

In general, Medicaid rules impose periods of Medicaid ineligibility (“penalty periods”) when a Medicaid applicant makes gifts of assets in an attempt to qualify for Medicaid. If a Medicaid applicant gifts assets within the 60-month “look-back” period, the applicant may be subject to a Medicaid penalty period, based on the value of the gift. Notably,.. read more →

The Alzheimer’s Association has issued its 2016 Alzheimer’s Disease Facts and Figures report. The report is “a statistical resource for U.S. data related to Alzheimer’s disease, the most common cause of dementia, as well as other dementias.” Aside from providing a definition of Alzheimer’s disease (“Alzheimer’s disease is a degenerative brain disease and the most common cause of.. read more →

Medicaid, unlike Medicare, is a public benefit program based upon financial need. As a result, you are eligible for Medicaid only if you are over age 65, blind or disabled, and have few assets. If an applicant is married, all assets in the sole name of the husband, in the sole name of the wife, and.. read more →

A New Jersey appeals court held that a needs-based credit applied to the accounts of residents of an assisted living facility counts as income for Medicaid eligibility purposes. R.W. v. Division of Medical Assistance and Health Services (N.J. Super. Ct., App. Div., No. A-4911-13T1, Feb. 22, 2016). This case was brought by several residents of the.. read more →

After he was admitted to a nursing home in 2013, petitioner, R.P., accrued unpaid bills of $264,146 for nursing care services. As a result, three successive Medicaid applications were filed on R.P.’s behalf. It was undisputed that R.P. lacked the capacity to assist with any of the Medicaid applications. The first Medicaid application, filed in.. read more →

Happy New Year to clients, supporters, friends and readers. Last month, an article on this blog ranked the 25 most popular blog posts and website articles on the Vanarelli Law Office website in 2015. Since then, I decided to narrow my focus a little. In this post, I focused solely on blog posts, and created.. read more →

Marie Brissette and her husband consulted attorney Edward Ryan for advice about how to protect their home from a Medicaid lien in the event that either needed long-term care. Ryan advised them to transfer the title to their property to their four adult children with reserved life estates. The Brissettes followed Ryan’s advice, transferring the.. read more →

An appeals court holds that the Massachusetts Medicaid is not required to recognize the reformation of an applicant’s trust after the original trust was considered an available asset. Needham v. Director of Medicaid (Mass. Ct. App., No. 14-P-182, Oct. 20, 2015). Maurice Needham, a Massachusetts resident, created two trusts. The first, a revocable trust, held the family.. read more →

In a 2 to 1 precedential decision by the United States Court of Appeals for the Third Circuit reversing an earlier federal district court judgment, the court ruled that “short-term annuities” purchased by applicants for nursing home Medicaid cannot be treated as an “available resource” that prevent Medicaid eligibility. Zahner v. Secretary, Pennsylvania Department of Human.. read more →

The Superior Court of New Jersey, Appellate Division, affirmed a decision of the Director of New Jersey Medicaid reversing a ruling of an Administrative Law Judge (ALJ) who reduced C.W.’s Medicaid ineligibility penalty previously assessed for transferring assets for less than fair market value. C.W. v. Divison of Medical Assistance and Health Services, Docket No. A-2352-13T2.. read more →

Federal court rules that federal law does not require a State to disregard a transfer of a life estates by a Medicaid applicant to a disabled veteran.   Pike ex rel. Estate of Pike v. Sebelius (D. R.I., No. CA 13-392 S, July 16, 2015). The late mother of plaintiff F. Norris Pike transferred of two life.. read more →

E.A. began residing in a home owned by her adult daughter, B.C., in September 2004. From September 2004 to June 2005, B.C. received no compensation for any caregiver services or lodging provided to her mother. From June 2005 to September 2006, B.C. received E.A.’s Social Security benefits of approximately $1500 per month to offset the.. read more →

In the C.C. v. Division of Medical Assistance and Health Services case, plaintiff filed an application for nursing home Medicaid benefits which was denied by the Ocean County Board of Social Services. The agency imposed a penalty, or a period of ineligibility, on her application. That is, the agency found that plaintiff sold her residence during.. read more →

The 17th Annual Elder Law Retreat, presented by the New Jersey State Bar Association Elder and Disability Law Section, was held on April 21 – 23, 2015 in Philadelphia, PA. At least two significant events occurred at the Retreat this year. First, I was presented with a Lifetime Achievement Award, recognizing my “advocacy in elder and.. read more →

Here are checks from the State of New Jersey issued to plaintiffs’ counsel as a result of the award of attorneys fees granted by the federal court in the Galletta v. Velez class action lawsuit:: As I reported in an earlier blog post, earlier this month a Consent Order was filed in federal district court in New.. read more →

In February 2015, a Consent Order was filed in New Jersey federal district court, concluding a hard-fought class action lawsuit. In the Order, the State of New Jersey agreed to amend its Medicaid program on a State-Wide basis to exclude pension benefits paid by the Department of Veterans Affairs (VA) when determining an applicant’s eligibility for.. read more →

Two years ago, in 2013, a federal judge in New Jersey granted a preliminary injunction to Elizabeth Flamini, a Medicaid applicant who successfully sued for an injunction preventing the State of New Jersey from counting an annuity owned by Mrs. Flamini’s husband Angelo as an available resource in determining Medicaid eligibility. Flamini v. Velez  ,.. read more →

Florida’s Supreme Court ruled that non-lawyers who engage in various Medicaid planning activities are engaging in the unlicensed practice of law. The Florida Bar Re: Advisory Opinion — Medicaid Planning Activities by Nonlawyers (Fla., No. SC14-211, Jan. 15, 2015). The Elder Law Section of the Florida State Bar asked the Florida Bar Association to consider whether.. read more →

An Administrative Law Judge found a Medicaid applicant eligible for benefits even though the applicant was impoverished because her spouse gambled away a substantial inheritance. M.Y v. Union County Board of Social Services M.Y., a 96 year old woman, suffered from dementia, could not care for her own needs, and was destitute. She was admitted.. read more →