Category

Medicaid Planning
13
Nov

Federal Appeals Court Rules That Annuity Payments Made To The Spouse Of A Nursing Home Resident Are Not Countable By Medicaid

November 13, 2009
In Weatherbee v. Richman, 595 F. Supp. 2d 607 (W.D. Pa. 2009), the U.S. District...
10
Nov

Penalty Period Will Not Start Until Applicant’s Prepayment of Nursing Home Care Costs Is Spent Down

November 10, 2009
In Shelales v. Director of the Office of Medicaid (Mass.App.Ct., No. 08-P-2052, Oct. 30, 2009), the...
10
Nov

No Increase In Medicaid’s Community Spouse Resource Allowances For 2010

November 10, 2009
The Center for Medicare and Medicaid Services has announced that with no increase in the...
30
Oct

New York State Court Rejects Personal Care Contracts In Nursing Home Setting

October 30, 2009
In a matter involving personal service agreements, five petitioners brought a court action challenging determinations...
29
Oct

Unusual Special Needs Trust Distribution Requests

October 29, 2009
Special needs trusts (also known as “supplemental needs” trusts) allow a disabled beneficiary to receive...
28
Oct

New Jersey Administrative Judge Finds That A Retirement Annuity Owned By A Medicaid Applicant’s Spouse Is Not Countable

October 28, 2009
An Opinion and Order was entered on October 20, 2009 by Administrative Law Judge Joseph...
27
Oct

Federal Court Rules That Promissory Notes May Be Countable Resources

October 27, 2009
Sable v. Velez, Civ. No. 09-2813 (D.N.J., October 16, 2009), involved five applicants for nursing home...
26
Oct

Federal Judge Enjoins New Jersey From Denying Medicaid Eligibility To Aged Parents Who Transferred Assets Outright To Their Blind Or Disabled Children

October 26, 2009
In order to qualify for Medicaid benefits, applicants cannot possess assets which exceed the financial...
20
Oct

Appellate Court Reverses The Imposition Of A Period Of Medicaid Ineligibility Resulting From The Transfer Of Family Home To A Sibling

October 20, 2009
In A.P. v. Division of Medical Assistance and Health Services, the Appellate Division of the...
17
Oct

Federal Judge In New Jersey Appears Poised To Enjoin The State From Denying Medicaid Eligibility To An Applicant With An Annuity

October 17, 2009
In June 2009, plaintiff, Daisy Jeanne Prall, applied for nursing home Medicaid benefits with the...
02
Sep

Gifts By Medicaid Applicant Are Not Countable When They Are "Made Exclusively For A Purpose Other Than Establishing Medicaid Eligibility"

September 2, 2009
In a recent administrative law case, Estate of M.M. v. Division of Medical Assistance and...
01
Sep

New York Court Rules Lump-Sum Payments for Future Personal Services Are Improper Transfers

September 1, 2009
Combining a series of related cases, a New York appeals court determined that five Medicaid...
11
Aug

Courts in Ohio and Massachusetts Rule, Contrary To New Jersey, That A Community Spouse's Post-DRA Annuity Purchase Is Not an Improper Transfer

August 11, 2009
As I blogged here, the New Jersey appellate court, in N.M. v. Division of Medical...
17
Jun

NY Court Rules That Guardian May Conduct Medicaid Planning on Behalf of His Great Aunt

June 17, 2009
A New York trial court allows a guardian to conduct Medicaid planning on behalf of...
08
Jun

Medicaid Eligibility Established Although Gifts Were Made During The Look-Back Period

June 8, 2009
In the May 27, 2009 Initial Decision of Estate of M.M. v. DMAHS, a New...
04
Jun

Recent Decision By Director Of Medicaid Shows Continuing Hostility Toward Annuities As A Medicaid Planning Tool

June 4, 2009
As I had reported in my March 4, 2009 post, found here, a New Jersey...
26
May

NJ Appeals Court Rules That A Transfer of Assets Was Post-DRA Because It Occured When Checks Were Cashed, Not Written

May 26, 2009
A New Jersey appeals court held earlier this month that a Medicaid applicant’s transfer of...
14
May

My Paper, Discussing the Impact of Financial Exploitation on Medicaid Eligibility, Chosen as Lead Article in The ElderLaw Report

May 14, 2009
It is not uncommon for an elderly or disabled person to entrust his or her...
08
Apr

Director of Medicaid Affirms ALJ's Decision Awarding Medicaid to Beneficiary of Trust Reformed by the Court to Comply with Special Needs Trust Rules

April 8, 2009
On February 14, 2009, I blogged about the decision of the administrative law judge in...
15
Mar

State and Federal Courts Disbar Attorney for Backdating Deed for Medicaid Planning Purposes

March 15, 2009
In January 2009, the U.S. Court of Appeals for the Sixth Circuit disbarred an attorney who...
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