When Hiring In-Home Caregivers, Consider the Legal as well as Personal Issues
Under New Jersey law, the field of home care services is regulated by the NewJjersey Department of Health, and the copious regulations can be found in N.J.A.C. 10:60. Home health aides and home health nurses are credentialed by the NJ Board of Nursing. The requirements for licensure of Home health care agencies can be found at N.J.A.C. 8:42, Home Health Agency Licensing Standards. By 2017, all...
Disability Integration Act of 2015 is a pending bill with great promise
Sen. Chuck Schumer (D-NY) introduced a bill in Congress that’s designed to ensure that Medicaid-eligible people who are aged or have disabilities can receive their necessary services out in the community through the Medicaid Home and Community Based Services program (HCBS). Aging in Place is what it’s all about. The bill is S-2427 and here it is. The bill has been referred to the...
New Jersey Supreme Court Committee Issues Opinion on Unlicensed Practice of Law in Medicaid
The Committee on the Unauthorized Practice of Law (UPL) of the New Jersey Supreme Court has issued UPL Opinion 53 Medicaid Advisors 5 16 16. It concluded that non-attorney Medicaid application preparers, Medicaid advisors and assistors would be engaging in impermissible UPL when they give advice on “strategies to become eligible for Medicaid benefits, including advice on spending down...
Court reiterates the strict standards for “caregiver child” house transfer exception to Medicaid penalty
When a person applies for Medicaid to pay for nursing home care (or assisted living or in-home care), they have to be mindful of whether transfers of assets will result in a denial of benefits. This denial is called the “transfer penalty,” and the 5-year Look-Back rules capture most transfers that occurred within the 5 years preceding the application. There are a handful of...
ABLE Accounts can now be set up by NJ residents
Previously in this space I told you that the federal government had enacted the ABLE Act and we were waiting for New Jersey to enact its own version of the ABLE program. The law is known as Achieving a Better Life Experience (ABLE) (S-313, HR-647) and was signed into law by the President Obama on December 14, 2015. The States have to adopt their own implementing programs, though. New...
To plan your estate, find out what you actually have
People often think of “estate planning” as just making a Last Will and Testament that directs who should inherit what. But a fundamental and necessary tenet of “estate planning” is to know just what you have, so that you can protect your heirs appropriately. Are any of your accounts jointly owned? Depending on the circumstances, that might defeat the plan in your...
Don’t take the assets if you may want to disclaim them
A common estate plan structure for larger estates is that a married person will include a “disclaimer credit shelter trust” in his or her Last Will and Testament, for the benefit of the surviving spouse. The concept behind this kind of trust is that the surviving spouse will have their own assets, as well as certain assets such as tax-deferred accounts that were owned by the late...
Payback provisions are required for a qualified special needs trust
Self-settled special needs trusts must have a payback provision to be considered an exempt trust under the federal and state Medicaid program. A Medicaid applicant under 65 can transfer his or her excess resources (assets) into a “special needs trust” and avoid the usual transfer penalties, but only if the trust meets all of the requirements of the federal and state law. Also, if...
The system puts a heavy burden on applicant to prove Medicaid eligibility
In A.T. v. Division of Medical Assistance and Health Services (unpublished non-precedential decision, Appellate Division of Superior Court, 2015, WL 7421647), a Medicaid application was denied for failure to provide requested verifications of assets. The applicant’s grandson (DT) was her Agent under Power of Attorney (“POA”), and his father ST was the alternate Agent. The...
Great idea for older folks to help avoid missed insurance payments
There is a New Jersey insurance law which allows a person who is 62 years of age or older to designate an authorized third party to receive Policy Lapse Notices and Late Payment notices from the policyholder’s insurance company. This is a regulation at N.J.A.C. 11:2-19. The process is easy. Many companies will provide you with their own form upon request. For others, just send a written...