Disability LawElder LawSeptember 23, 2022by Linda Ershow-Levenberg
State issues guidance on Right to Privacy in Residential Spaces for Medicaid recipients
The NJ Department of Human Services, Office of Licensing, has just issued an Information Bulletin which outlines the requirements for licensed community residences which participate in the State’s Medicaid Home & Community Based Waiver Programs. These “waiver programs” include a diverse array of settings such as Boarding Homes, Group Homes, Assisted Living, apartment...
Elder LawAugust 15, 2022by Linda Ershow-Levenberg
Caution! Watch Out for “Responsible Party” and “Guarantee” Clauses in Nursing Home Contracts
When an individual moves into a nursing home for long-term care, there are an array of admissions documents that get signed. These include everything from personal preferences information to insurance and financial disclosures, medical releases, selection of physicians etc. One of these documents contains the contract for payment for the services being rendered. Typically, the contract...
Elder LawAugust 8, 2022by Linda Ershow-Levenberg
Transfer Penalty Traps and NJ Medicaid Applications
Medicaid Long-Term Services and Supports (MLTSS) is the government program that pays for nursing home care and long-term care in other settings for people who meet the stringent financial requirements. The application is filed once the non-excluded resources (assets) are below the specified levels. Along with the application form itself, the applicant must supply numerous documents as proof...
Elder LawAugust 3, 2022by Linda Ershow-Levenberg
The 2022 “Medicaid Numbers” you need to know in New Jersey
The NJ Division of Medical Assistance and Health Services (DMAHS) has released Medicaid Communication #22-01 which provides the new numbers that are relevant to applications for Medicaid Long Term Services and Supports (MLTSS) benefits. 22-01_Income_and_Resource_Standards_for_Medicaid_Only (1) MLTSS pays for nursing home care (skilled nursing facilities), Assisted Living Facilities and...
Elder LawUncategorizedJuly 19, 2022by Linda Ershow-Levenberg
Avoiding the Risk of Medicaid Liens
Individuals who receive Medicaid to pay for nursing home care, assisted living or in-home care must meet stringent financial requirements. The non-excluded or inaccessible resources cannot exceed $2,000 at the time of application, and as of the first day of each successive calendar month, must be below that limit in order to maintain eligibility. What resources are “excluded” or...
Elder LawElder Law NewsJune 23, 2022by Linda Ershow-Levenberg
“Have you Talked to an Elder Law Attorney yet?”
The world can feel like a confusing, tangled mess when a loved one has dementia and needs to be discharged from a hospital with a major care plan in place. There are so many options, and hospital staff are in a huge hurry the minute the doctor signs the order clearing the patient for discharge. Staff speak in “shorthand,” using code words or acronyms that the patient’s family may not...
Elder LawEstate PlanningJune 21, 2022by Linda Ershow-Levenberg
Spring Cleaning Time
IT’S SPRING CLEANING TIME! DUST OFF YOUR OLD ESTATE PLAN Spring time is when people often take a look around and start freshening things up. Home repairs, paint jobs, new furniture, new clothes, maybe a different haircut…… there’s something about seeing the new buds on trees and the blooming daffodils that gets us thinking this way. It’s the perfect time to pull out your old estate plan...
Elder LawJune 15, 2021by Linda Ershow-Levenberg
Do you know where your Estate Plan is?
The building blocks of an estate plan are the Last Will & Testament, financial power of attorney, medical power of attorney, and various kinds of Trusts. Based on a client’s instructions, the attorney typically creates drafts for the client’s review and approval. Once the client and attorney are...
Elder LawElder Law NewsMay 27, 2021by Donald Dennison
Good Reasons to Hire an Elder Law Attorney before a Nursing Home Placement is Made
The following story will illustrate why you should call an elder law attorney before a nursing home placement is made to try and avoid what happened to my client who I will call “Mary.”
Disability LawElder LawMay 25, 2021by Donald Dennison
Careful Consideration Should Go into Making Decisions Regarding Nursing Home Placement
If you need to select a nursing home for a loved one, there are several factors you should take into consideration.