Category

Medicaid Planning
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 http://www.vanarellilaw.com/2008/10/07/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...
12
Oct

Payments to a Nursing Home for Care by an Adult Child for the Benefit of his Parent who was a Medicaid Applicant is Held to Be a Countable Resource in Determining Medicaid Eligibility

October 12, 2008
On September 30, 2008, NJ Administrative Law Judge Stephanie M. Wauters issued a written opinion...
07
Oct

A NJ Administrative Law Judge Recently Ruled That The Prepayment by a Medicaid Applicant For Care To Be Provided In The Future By A Family Member Under A Personal Services Contract Was A Transfer Of Assets For Less Than Fair Market Value, Resulting In The Imposition Of A Penalty

October 7, 2008
In a trio of cases which were consolidated because the cases presented a common question...
29
Sep

A New York Appeals Court Holds That The Usual Household Expenses Incurred by a Wife Necessitate An Increased Maintenance Allowance Even Though Her Husband Is A Medicaid Recipient In A Nursing Home

September 29, 2008
A New York appeals court held that a community spouse is entitled to an increased...
26
Sep

CMS Never Ending Penalty Period Rule Upheld in Appeal of Denial of Application for Assisted Living Facility Medicaid in New Jersey

September 26, 2008
The Center for Medicare and Medicaid Services (“CMS”) states that the Deficit Reduction Act of 2005...
18
Sep

Proposed Rule Addresses Problems that May Arise When A Medicaid Applicant Purchases A Long-Term Care Insurance Partnership Policy in One State and Then Applies for Medicaid In Another State

September 18, 2008
The U.S. Department of Health and Human Services has issued a new notice addressing the...
16
Sep

In an important case, a NJ administrative law judge decided that a bank account titled to a Medicaid applicant and another person does not automatically disqualify the applicant for Medicaid

September 16, 2008
New Jersey’s Office of Administrative Law recently issued a significant ruling that may make it...
06
Jun

New Jersey plans to implement Long-Term Care Insurance Partnership Program on July 1, 2008

June 6, 2008
The Deficit Reduction Act of 2005 (“DRA”) authorized the expansion of the Long Term Care...
22
May

NJ Medicaid is now denying eligibility if the applicant engages in Medicaid estate planning with the intent of achieving eligibility for benefits, holding that the motivation of the applicant determines whether the applicant is or is not eligible. This ruling is plainly contrary to settled NJ law

May 22, 2008
I recently received a denial notice from the local Medicaid agency in a case in...
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