Blog: News & Insights

When a person is moving into a nursing home for long-term care, there are many papers that are presented to them by the admissions office. While the resident has many federally-protected rights once they move in, at the time of entry the facility is asking them to sign a Contract which can be enforced in court. You should ask your elder law attorney to review the contract before you sign it,...

When a person applies for Medicaid to pay for long-term care services, his resources must be less than a specific amount, which is generally $2,000 if the gross monthly income is less than $2,130, and $4,000 if the income is higher than that. “Resources” and “income” are treated differently. If the applicant owns an annuity contract, it may be counted as an excess...

Generally speaking, if a Medicaid applicant made gifts of assets during the 5-year look-back preceding her Medicaid application, eligibility will be denied for a period of time called a “transfer penalty.” There is a special exception to this rule for transfers that were made to disabled children.   In this case , M.C. v. Union County Div. Soc. Serv. And DMAHS, HMA- 8967-2013, the...

I love to see these types of stories of finding love in assisted living or other senior community setting.  Many times, our clients have developed new relationships in nursing homes or assisted living.  They may even want to get married!  It’s so romantic, but as attorneys, we have to look past the romance and see how a new spousal relationship will affect the individuals’ estate...

I receive contacts from veterans around the country frustrated after receiving a VA Rating Decision and simply seeking some guidance on a daily basis.  Commonly, the veteran does not need formal representation, but does need to understand what actions need he/she needs to take to have successful resolution of their claim subject to a Notice of Disagreement. I took a few moments to analyze what...

We have a lot of clients who are caring family members of incompetent parents or other relatives.  Frequently, these clients want to be the guardians for their relatives so that important decisions can get made:  medical and treatment decisions, financial (including public benefits), and residential.  Sometimes, the guardian lives out of state–that’s ok, though it may lead to more...

Very happy to hear about this program from the New Jersey Chapter of the Alzheimer’s Association that provides a one-time only $1000 “scholarship” to caregivers who need respite from caregiving for their spouses or other loved ones.  These monies can be used toward home health aide time or a stay in assisted living for the loved one short-term.  One scholarship per family,...

I will be at the YMCA of Scotch Plains at 12 pm and 7 pm on October 23rd to discuss the Affordable Care Act and answer questions about the Medicaid expansion, access to health insurance subsidies and the ins and outs of the health insurance mandate.  At noon we will also be talking about Obamacare’s impact on Medicare.  Come one come all!!

It’s been a rocky start, but the Affordable Care Act (Obamacare) opened up their Health Insurance Marketplace so that people without employer-sponsored health insurance can sign up for insurance coverage starting January 1, 2014.  There are subsidies for people whose household income is between 134 and 400% of poverty, using an income calcuation that is “Modified Adjusted Gross...

As of 10pm, October 16, 2013, it is reported that both the House and Senate passed a bill that will reopen the federal government and temporarily raise the debt ceiling.  President Obama stated he will immediately sign the bill.  I suspect the Department of Veterans Affairs will provide notification of return to normal operations on Thursday, October 17, 2013.  Obviously, this will also mean...