Category

New Cases
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...
05
Nov

New Jersey Appeals Court Finds That The Entire Controversy Doctrine Applies To Pro Se Litigants

November 5, 2009
The entire controversy doctrine requires litigants in a lawsuit to assert all claims that each...
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...
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...
14
Oct

Surviving Spouse Had The Absolute Right To Choose Burial Site For Deceased Spouse, But Not The Absolute Right To Disinter And Move Spouse

October 14, 2009
In a case which resolved a conflict between two sections of the New Jersey Cemetery...
02
Oct

New Case Again Reveals The Importance Of Special Needs Trusts: Limited Government Funds Available For The Disabled In New Jersey

October 2, 2009
Limited public funds available for the disabled in New Jersey has forced government agencies to...
25
Sep

Second Circuit Rules That Income Received By An Institutionalized Person And Then Placed Into A Special Needs Trust Is Countable By Medicaid

September 25, 2009
On June 22, 2009, the United States Court of Appeals for the Second Circuit affirmed...
22
Sep

Preliminary Injunction Blocks California From Reducing Medicaid Benefits Due To Budget Cuts

September 22, 2009
On September 10, 2009, a federal district court in Northern California issued a preliminary injunction...
09
Sep

Federal Appeals Court Rules That Assets In A Special Needs Trust Are Countable Resources Under Medicaid

September 9, 2009
In a ruling seen as a major setback for disabled individuals and their families, on...
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...
02
Sep

Court Affirms Appointment Of Ward's Daughter As Guardian Rather Than Her Husband, Contrary To Statutory Preference

September 2, 2009
In a recent decision in a contested guardianship case, entitled In the Matter of Sutton-Logan,...
05
Aug

A Nurse Can Offer Expert Testimony On Causation In A Nursing Home Malpractice Case

August 5, 2009
The case of Detloff v. Absecon Manor Nursing Center, Docket No. A-5941-07T2 (App. Div., August...
05
Aug

New Jersey Appellate Court Rules That Trustees Cannot Be Ordered To Disburse Trust Assets to Satisfy Alimony And Child Support Obligations Of Divorced Spouse Beneficiary

August 5, 2009
In Lerman v. Lerman, Docket No. A-1953-07T3 (App. Div., August 4, 2009), the trustees of...
18
Jul

Divorcing Couple Cannot Shield Funds Held In Escrow From Being Counted In Determining SSI Eligibility Under Recent Federal Court Case

July 18, 2009
The Third Circuit Court of Appeals recently ruled that the proceeds from a home sale...
01
Jul

New Cause of Action for Civil Rights Violations at Nursing Homes Recognized

July 1, 2009
In a landmark opinion that recognizes a new category of lawsuits, the 3rd U.S. Circuit...
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