Category

Medicaid Planning
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...
23
Jan

Federal Court Again Rules That The Payment Stream From An Annuity Paid To The Spouse Of A Nursing Home Resident Is Not Countable In Determining The Nursing Home Resident's Eligibility For Medicaid

January 23, 2009
The U.S. District Court for the Western District of Pennsylvania, in a case entitled Weatherbee...
28
Dec

Study from the Society of Actuaries suggests that retirees should plan for 3 distinct stages of retirement

December 28, 2008
In a recent study, “Three Phases of Retirement and Planning for the Unexpected,” the Society...
18
Dec

Director of Medicaid upholds the denial of nursing home Medicaid benefits to applicants who paid family members for care under Life Care Contracts

December 18, 2008
As I reported in a blog post in October at https://vanarellilaw.com/nj-judge-recently-ruled-that-a-medicaid-applicants-prepayment, ALJ Paone ruled, in...
14
Dec

Governor Signs Predatory Annuities Prevention Act

December 14, 2008
An annuity is a type of insurance product in which an insurer, in exchange for...
09
Dec

Local newspaper in Pennsylvania reports on the James vs Richman case

December 9, 2008
The The Times Leader newspaper, a daily newspaper located in Wilkes-Barre, Pennsylvania, recently posted a...
06
Dec

I was a speaker at County Bar Associations discussing new Medicaid planning strategies

December 6, 2008
The pace of decisions in Medicaid appeals has picked up recently, with several significant decisions...
01
Dec

MEDICAID PLANNING: NEW STRATEGIES, NEW CASES

December 1, 2008
What emerging case law is demonstrating about Medicaid planning techniques: SITUATION PLANNING TECHNIQUE Applicant does...
14
Nov

Federal Court Ruling Protects Assets Of Elderly Nursing Home Resident For His Spouse

November 14, 2008
In James v. Richman, 465 F.Supp.2d 395 (M.D.Pa. 2006), aff’d, 547 F.3d 214 (3rd Cir....
09
Nov

New administrative law case disallows any reduction in a Medicaid penalty period based upon the return of gifted assets after a Medicaid application is filed

November 9, 2008
In E.S. vs. Division of Medical Assistance and Health Services, petitioner, a 91 year old...
03
Nov

I was a Speaker at the 2008 NAELA Advanced Elder Law Institute

November 3, 2008
This year, the National Academy of Elder Law Attorneys held its Advanced Institute in Kansas...
29
Oct

New Medicaid Planning Strategy Held To Be Valid In New Jersey In An Important New Case

October 29, 2008
As I reported in a May 22, 2008 blog posting several months ago, I received a...
27
Oct

Medicaid Spousal Impoverishment Figures for 2009 Released by CMS

October 27, 2008
Updated Figures for 2009. The Centers for Medicare & Medicaid Services (CMS)  has released the...
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