Special Needs Trust Fairness Act is up again in the House
The Special Needs Trust Fairness Act (https://www.congress.gov/bill/113th-congress/house-bill/2123) was introduced in the last Congress and was designed to allow individuals with disabilities to establish a Special Needs Trust for themselves so that they could transfer excess assets into the trust and preserve the assets while also remaining or becoming eligible for crucial benefits under...
Medicaid’s MAAC meetings are open to the public
The public is allowed to attend the quarterly meetings of the Medical Assistance Advisory Council (MAAC). The council provides input to the state Director of the Division of Medical Assistance and Human Services (DMAHS) in the design and implementation of the NJ Family Care/ Medicaid Long-Term Services and Supports programs. Federal law and State statute provides for the establishment...
Brain injury caused by Blast trauma is often invisible
There is a fascinating article in the February 2015 issue of National Geographic Magazine on the subject of research into soldiers’ exposure to blasts (explosions) and the traumatic brain injury that results from that exposure — “The Invisible War on the Brain” by Caroline Alexander. This has been referred to as the “signature injury” of the wars in Iraq and...
Applicants need an advocate during Clinical Assessment for NJ Medicaid Services
The State of New Jersey has not yet proposed new regulations covering the details of its NJ FamilyCare MLTSS Medicaid program. However, the details can be found by reading the Contract which must be signed by a participating Contractor to the program. The Contract is 118 pages long. It does cross-reference certain federal and state regulations. Of course, an applicant first has to become...
Applying for NJ MLTSS? Here are the acronyms you need to know
You probably know by now that NJ Medicaid’s Home and Community Based Services are now being administered NJ FamilyCare and that the State’s Comprehensive Medicaid Waiver has created a whole new landscape that is centered around managed care. http://www.state.nj.us/humanservices/dmahs/home/mltss.html When applying for these services you will encounter a lot of code words. For...
Understanding Alzheimers Disease and Creating a safe environment for aging
I just came across a great article in the Journal of Family Practice (January 2015) by Marisa Mendola PhD and Barry D. Weiss, MD, called “Addressing Alzheimers: A pragmatic approach.” JFP_06401_Article1 The article is, of course, addressed to physicians who may be noticing signs of cognitive impairment in their patients or who have been alerted that “there seems to be...
State of NJ issues MedCom to Medicaid Supervisors on use of Qualified Income trusts (QITs)
On December 19th, 2014, the NJ Division of Medical Assistance and Health Services (DMAHS) issued Medicaid Communication No. 14-15 to the County Welfare (CWA) Directors, explaining the necessity for certain higher-income Medicaid applicants to divert their excess income into a Qualified Income Trust (QIT) before they can apply for MLTSS Medicaid services to pay for nursing home, assisted...
The 1.7% COLA increase in Social Security will be disregarded by SSI
Some people who are disabled receive a modest amount of Social Security Disability benefits and also receive Supplemental Security income (SSI). To be eligible for SSI, the total countable income in a given month must not exceed certain amounts that are set annually. If one receives at least a dollar of SSI, s/he can receive Medicaid for health insurance.
Effective January 1, 2015, the Social...
Be sure to fund your Special Needs Trust before age 65
“Special Needs Trusts” are a specific type of Trust which is referenced in the Social Security Act at 42 USC 1396p(d)(4)(a) (regarding Medicaid) and at 42 UC 1382b(c)(1)(C)(ii)(III) (regarding Supplemental Security Income . http://www.socialsecurity.gov/ssi/spotlights/spot-trusts.htm These are first-party trusts, also called grantor trusts. They are for the sole benefit of a person...
What Can Your Elder Law Attorney Do for You?
If your family is struggling with the difficult decisions regarding nursing home placement or ongoing disability, Medicaid eligibility, or a need for in-home care, the elder law attorneys at FRE-L can assist you with many of the steps in that process. You may be wondering whether to engage an elder law attorney or to work with an application processer recommended by a nursing home. First and...