08 Apr 2016
April 8, 2016

Did You Know…?   In Some Situations, A Medicaid Applicant’s Home Can Be Gifted Without A Medicaid Penalty

Gifts, Governmental or Public Benefit Programs, Legal Rights of the Disabled, Medicaid, Medicaid Planning, News Briefs, Transfers to "Caregiver" Child(ren), Transfers to Disabled Adult Children 0 Comment

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 →

06 Apr 2016
April 6, 2016

What is the Medicaid “Look-Back” Period?

Gifts, Governmental or Public Benefit Programs, Medicaid, Medicaid Applications, Medicaid Planning, News Briefs, Transfers For Reasons Other Than To Qualify For Medicaid, Transfers to "Caregiver" Child(ren), Transfers to Disabled Adult Children, Trusts 0 Comment

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 →

14 Aug 2015
August 14, 2015

Penalty Imposed For Medicaid Applicant’s Transfer of Assets To Disabled Veteran

Gifts, Governmental or Public Benefit Programs, Life Estates, Medicaid, Medicaid Planning, New Cases, Transfers to Disabled Adult Children 0 Comment

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 →

04 Sep 2013
September 4, 2013

Transfers By Medicaid Applicant To Adult Disabled Children Are Exempt, Even Though Children’s Social Security "Disability" Benefits Were Converted To “Retirement” Benefits At Age 65

Elder Law, Gifts, Governmental or Public Benefit Programs, Medicaid, Medicaid Planning, New Cases, Social Security Benefits, Transfers to Disabled Adult Children, Trusts 0 Comment

In an Initial Decision of the New Jersey Office of Administrative Law, Administrative Law Judge Laura Sanders held that transfers by a Medicaid applicant to her adult disabled children were exempt transfers that did not subject the Medicaid applicant to a penalty period. M.K. v. Division of Medical Assistance and Health Services and Somerset County Board.. read more →

10 Jun 2013
June 10, 2013

Court Finds Medicaid Applicant Who Paid Disabled Daughter’s Rent For Many Years Subject to Penalty Period

Care Facilities, Governmental or Public Benefit Programs, Medicaid, Medicaid Planning, New Cases, Nursing Homes, Transfers For Reasons Other Than To Qualify For Medicaid, Transfers to Disabled Adult Children 0 Comment

A Medicaid applicant who made payments to her daughter for more than four years and claimed those payments were made to cover the cost of monthly payments for her mentally ill daughter’s rent could not prove the payments were made for a purpose other than to qualify for Medicaid because she did not prove that.. read more →

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