NJ DMAHS announces initiatives to protect the most vulnerable
The State of New Jersey Department of Human Services has announced some initiatives designed to help assure continuity of care, access to medicine and nutrition assistance, for individuals who are dependent on programs such as SNAP, group homes, charity medical care, MLTSS home care and services in certain DDD-funded programs. As always, the real test will be in the details for how these...
COVID-19 Testing available for Medicare beneficiaries
Medicare Part B generally covers medically necessary outpatient testing for beneficiaries. CMS has recently advised that if testing is ordered by the patient’s physician and the test is performed on or after February 4, 2020, it will be a covered service under Medicare Part B. Read more here.
The Centers for Medicare and Medicaid Services is issuing fact sheets and alerts that address...
Restrictions related to Covid-19 particularly impact elders and people with disabilities
Everything is happening so fast it’s making our heads spin. The frail, dependent aged and disabled people in our communities are having a tough time of it. Starting today, Social Security Offices are only accepting telephone contacts and online contacts. COVID – 19 SSA press release Health care providers are overwhelmed. County welfare offices are urging people to do their...
Arbitration Clauses in Nursing Home Contracts may be upheld
Under some circumstances, courts have refused to uphold arbitration provisions in nursing home contracts. Oftentimes, these provisions are upheld. There are a variety of considerations, including the legal authority of the person who signed the contract; the adequacy of notice; the opportunity to read and consider the contract before signing; and other factors. In Estate of Ruszala vs...
NJ Supreme Court holds that Guardianship proceeding may be needed in midst of personal injury case
There are times that a personal injury action has been filed, but the plaintiff has cognitive impairments that impede his or her ability to fully participate in the litigation or understand the nature and impact of settlement discussions. In some instances, the cognitive impairment predated the filing of the lawsuit (or was allegedly caused by the negligent actions of the defendants). In other...
Age-Friendly Communities Conference Coming on March 11th
There’s a nationwide effort to encourage towns and cities to develop initiatives and programs that will make their communities more “age-friendly,” to encourage people to remain a part of the local community as they get on in years. Community initiatives have included outdoor upgrades such as better lighting, more benches, and better crosswalks, as well as expanded senior...
How to report a Social Security Impersonation Scam
A client of mine recently told me about a situation in which their dear family member was the victim of a scam. Luckily, my client was able to notify Equifax to freeze the victim’s credit, and was able to notify the victim’s banks to place a scam alert on the accounts. The concerned family member had previously been designated as Agent under Power of Attorney, which enabled her to...
Continuing Uncertainty about NJ Medicaid’s Treatment of Irrevocable Funeral Trusts
Several months ago I reported on problems that were cropping up for people with irrevocable funeral trusts who apply for NJ Medicaid/MLTSS to pay for their nursing care, home care or assisted living. The issue is that once the funds are paid and the contract is signed, the contract is irrevocable and the funds cannot be returned to the purchaser at that time. Based on this irrevocability, the...
Self-settled irrevocable trust may count as a “Medicaid resource”
The Arkansas Supreme Court has just sustained a decision by the state Department of Human Services denying Medicaid eligibility due to excess resources. In this case, the Medicaid applicant had transferred her house and other assets into an irrevocable trust that gave the trustee discretion to expend trust funds for her own benefit. She applied for Medicaid more than 5 years after making the...
FRE-L Attorneys have been busy teaching Continuing Legal Education
This has been a busy year for the elder law attorneys at our Firm in the realm of community education. We’ve been teaching at programs run by the NJ Institute for Continuing Legal Education almost every month. Among the topics of Linda and Lauren’s lectures were Representing Clients in Medicaid Fair Hearings at the Office of Administrative Law; Getting the Most out of...