It could happen here — wages paid for caregiver services can be treated as gifts
A recent appellate case in Michigan involved a Medicaid applicant who was paying a private home caregiver during the years just preceding his Medicaid application. The employee was not related to him. He paid a rate that was reasonable and necessary to maintain him at home. However, there was no advance written contract for the work to be done. When she applied for Medicaid benefits, all of...
Despite the JIMMO settlement, Medicare benefits are being prematurely terminated
Back in January 2013 the Centers for Medicare and Medicaid Services (CMS) settled a class action lawsuit called Jimmo v Sebelius concerning premature cutoffs of skilled care benefits under Medicare Part A. The problem was that patients in skilled care facilities after hospitalizations, who were placed there for skilled nursing and rehabilitation, were finding that their benefits were being cut...
Advocates for the Aged – upcoming events
If you are active in the social services or political action fields concerning issues that affect the aged members of our society. you may be interested to attend these upcoming programs.The White House Conference on Aging is holding three regional forums in New Jersey this year – Friday May 12th in East Windsor, Wednesday June 10th in Cherry Hill, and Friday June 26th in Whippany. See...
Medicaid estate recovery liens often take people by surprise
On March 24th, PBS news hour had a segment called “The Medicaid Bill that doesn’t go away when you die.” www.pbs.org. The program described the impact of estate recovery liens which are pursued by State Medicaid Programs. Estate recovery is required by federal law in 42 USC 1396p. The New Jersey lien statute is at N.J.S.A. 30:4D-7.2(a)(2). The lien is imposed after death...
Special Needs Trust can’t be created by beneficiary’s agent under power of attorney
Federal law allows a person who receives or is applying for Medicaid or Supplemental Security Income (SSI), which are means-tested programs, to transfer their excess resources into a Special Needs Trust that was “established for the sole benefit of the disabled individual by a parent, grandparent, legal guardian or the disabled individual or a court.” 42 U.S.C. 1396p(d)(4)(A)...
“I am spending so much time caring for him that I can’t take care of myself.”
A few days ago, I overheard a conversation between two women who I think are in their 80’s. Evidently, the husband of one of them has been ill for about a year. It sounded like among other things, he may have diabetes mellitus that has progressively caused deterioration including retinopathy (impaired and blurry vision) (“he can barely see” and “I have to give him his...
The V.A. permits family caregivers to be paid, but watch out if applying for NJ Medicaid
The Veterans Administration provides a Pension and Aid and Attendance benefit for wartime veterans or their widows/widowers who have low assets and whose income is below the MAPR after deducting their uncompensated monthly health care expenses. Throughout the country, vast numbers of elders are being cared for by family members. Often those family members have given up their fulltime work...
A Trust Protector watches out for a Beneficiary’s best interests
When assets are placed into a Trust for benefit of someone (called the “beneficiary”), the terms of the Trust provide the guidance for what the Trustee can do or not do. The Trust’s terms may be broad and vague, or they may be quite explicit. More often than not, the Beneficiary is dependent upon the exercise of discretion by the Trustee, and cannot compel a distribution....
Banks are pummeling their customers with aggravating procedures
Many of our clients are aged and many of our clients are fiduciaries for other people in roles such as Agent under Power of Attorney, Estate Administrator or Executor. NJ Rev Stat § 46:2B-19 (2013) In a typical week our clients have to ask banks to provide documents and services that are required to enable the client to file an application for public benefits, pay expenses for an estate,...
What are HIPPA forms and why do you need them?
What is known as “HIPPA” was enacted by Congress as the Health Insurance Protection and Portability Act of 1996. 42 USC 1320d-6. https://www.law.cornell.edu/uscode/text/42/1320d-6 It is designed to protect the confidentialiy of a patient’s medical information. The extensive federal regulations are found at 42 USC part 160....