Category

Medicaid Planning
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...
04
Mar

NJ Administrative Judge Finds That A Retirement Annuity Owned By A Community Spouse Is Exempt Under Medicaid

March 4, 2009
In only the second administrative law case of its kind decided in New Jersey, an...
27
Feb

NJ Appeals Court Rules That Annuities Are Countable Under Medicaid

February 27, 2009
In a case of major importance in the Medicaid estate planning area, the Appellate Division...
23
Feb

Funds Set Aside for Legal Fees Pursuant to a Court Order are Countable Assets

February 23, 2009
Recently, a Massachusetts trial court upheld a hearing officer’s decision holding that assets which a...
22
Feb

My Article on "Emerging Medicaid Eligibility Strategies" Published in the New Jersey Law Journal

February 22, 2009
Recently, a number of significant decisions have been produced by New Jersey courts and administrative...
14
Feb

Denial of Medicaid Eligibility After Court Reforms Testamentary Trusts in Parents' Wills to Special Needs Trusts Reversed on Appeal

February 14, 2009
In the ec-v-division-of-medical-assistance-and-heath-services case, the petitioner E.C. was a 67 year old physically and developmentally disabled...
06
Feb

Immediate Annuities and Long-Term Care Planning

February 6, 2009
The Benefits of Immediate Annuities An immediate fixed annuity may be the answer for those seeking...
04
Feb

New Jersey Court Rules For The First Time That An Annuity Owned By The Community Spouse Is Not An Available Resource In Determining Eligibility For Medicaid Benefits

February 4, 2009
As I reported here and here, federal district and appellate courts in Pennsylvania have ruled...
31
Jan

Medicaid Applicant Denied Fair Hearing After Her Power of Attorney Waited Too Long to Appeal Denial of Medicaid Application

January 31, 2009
A New Jersey appeals court recently determined that a Medicaid applicant is not entitled to...
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