Governor has signed the CARE Act A2955
Yesterday afternoon, Governor Christie signed A2955, called the CARE Act. http://legiscan.com/NJ/bill/A2955/2014
The bill requires hospitals to ask patients to identify their intended post-discharge caregiver, and obligates the hospitals to provide information and instruction to the caregiver no later than 24 hours prior to discharge concerning the components of the discharge care plan and the...
S1957 re: DDD Guardianships is awaiting Assembly action
There is a bill concerning Guardianship actions that was passed by the State Senate that is awaiting action by the State Assembly, called S-1957. http://www.njleg.state.nj.us/2014/Bills/S2000/1957_I1.HTM. The State Senate passed it with amendments which are described here: 1957_S2
Legislative status can be found at http://www.njleg.state.nj.us/bills/BillView.asp
This bill concerns the proofs...
There’s help available for elderly victims of Domestic Violence
Today is “Purple Thursday” within Domestic Violence Awareness month. It’s been about 40 years since the taboo subject of conjugal crime and battering were brought out of the shadows and onto the table for public discussion. A small group of women (including myself) worked in a small network of shelters around the state and did our best to assist victims to get protective...
Special Needs Trusts have to be Sole Benefit Trusts
If a person is disabled and cannot support themselves, they may need the support of government benefits over the long term to help with costs of housing, health insurance, transportation, residential services, and home health aides. If they then receive assets through a personal injury settlement, the impact of the settlement on their eligibility for benefits must be taken into account....
Supported Decision-Making as an Alternative to Guardianship
Back on May 29-30 I participated in the 3rd World Congress on Adult Guardianship in Arlington VA and followed up with blog posts about alternative approaches to guardianship around the world. Supported Decision-Making is a concept that is gaining traction in many places and certainly deserves careful consideration here in New Jersey. It’s more complicated than merely entering an...
NJ’s SACCONE case allows use of Special Needs Trusts for PFRS Beneficiary
The New Jersey Supreme Court has issued a decision that will be very helpful to disabled children of retired NJ police and firefighters, called Saccone v Board of Trustees of the Police and Firemen’s Retirement System (9/11/2014), http://caselaw.findlaw.com/nj-supreme-court/1677772.html Under the rules for the Police and Firemen’s Retirement System (PFRS), upon the death of a...
Social Security Administration returns to mailing of benefit statements
In 2000, the Social Security Administration began mailing annual benefit statements to all workers age 25 and up. The benefit statements show the posted earnings history and the retirement and disability benefits available to the worker and his or her dependents. Individuals unable to continue working due to disability and individuals thinking of retiring could easily see their potential...
Special Needs Trusts play Vital Role for SSI & Medicaid Recipients
A person with disabilities who is incapable of engaging in substantial gainful activity for self-support in the competititve workplace may be receiving Supplemental Security Income (SSI) and the Medicaid benefits for health care that accompany the SSI. http://www.state.nj.us/humanservices/dmahs/clients/medicaid/abd/index.html The person may reside in the community, in an assisted living...
Caregiver Child Payments under Medicaid and VA Pension
In the realm of elder care, a child who resides in their parent’s home and provides the care, assistance and supervision needed to enable the parent to remain in the community is typically referred to as the “caregiver child.” Sometimes — oftentimes — the child is giving up other jobs or income in order to provide this caregiving. Frequently the parent wishes to...
CMS provides guidance to sort out the alphabet soup of the Affordable Care Act and Medicare
The federal Centers for Medicare and Medicaid Services (CMS) has recently published a terrific FAQs sheet (Frequently Asked Questions) to help people understand the interplay between Medicare and the Affordable Care Act (ACA). take a look at http://www.cms.gov/Medicare/Eligibility-and-Enrollment/Medicare-and-the-Marketplace/Downloads/Medicare-Marketplace_Master_FAQ_8-1-14.pdf
Section 1882(d)...