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Home | Tag "42 usc 1396p"
Elder Law NewsApril 18, 2018by Linda Ershow-Levenberg

CMS confirms that transfer penalty for Medicaid home care applicants starts to run at time of application

Followers of this blog know that when a person applies for Medicaid under the New Jersey MLTSS program or other state programs that pay for nursing homes, assisted living or home health care services, there is a 5-year look-back that is done by the agency to determine if a transfer penalty should be imposed for gifts made during the 5 years preceding the application. The penalty is a period of...
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Elder Law NewsMarch 29, 2015by Linda Ershow-Levenberg

Medicaid estate recovery liens often take people by surprise

On March 24th, PBS news hour had a segment called “The Medicaid Bill that doesn’t go away when you die.” www.pbs.org. The program described the impact of estate recovery liens which are pursued by State Medicaid Programs. Estate recovery is required by federal law in 42 USC 1396p. The New Jersey  lien statute is at N.J.S.A. 30:4D-7.2(a)(2). The lien is imposed after death...
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