Save your Selfies for the Medicaid 5-Year LookBack
Readers of this blog know that when he time comes to apply for New Jersey’s Medicaid/MLTSS program for either home care, assisted living care of nursing home care, a daunting array of proofs is required. The burden to prove eligibility is placed on the applicant. Every single expenditure made by the applicant and their spouse during the previous 5 years is open for scrutiny, to see if...
Medicaid annuity planning is alive and well in NJ
When a person applies for Medicaid under the NJ MLTSS program after having made gift transfers during the most recent 5 years, there will likely be a penalty period in which Medicaid will not pay for the care that this person needs (unless the transfers were exempt, such as transfers to a spouse or disabled child). This transfer penalty is mandated by federal law, and the greater the amount...
Save your receipts and bills for five years, for the look-back
If medical catastrophe strikes and someone in your family needs nursing home care, they may want to apply for Medicaid to pick up those costs. The regulations are complex, but there are lots of legal strategies that we use to help a person become eligible and to protect the rest of the family at the same time. The process doesn’t stop there, though. The applicant has to prepare and file...
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...
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In A.T. v. Division of Medical Assistance and Health Services (unpublished non-precedential decision, Appellate Division of Superior Court, 2015, WL 7421647), a Medicaid application was denied for failure to provide requested verifications of assets.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...
The V.A. permits family caregivers to be paid, but watch out if applying for NJ Medicaid
The Veterans Administration provides a Pension and Aid and Attendance benefit for wartime veterans or their widows/widowers who have low assets and whose income is below the MAPR after deducting their uncompensated monthly health care expenses. Throughout the country, vast numbers of elders are being cared for by family members. Often those family members have given up their fulltime work...
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...
Elder Law: Let’s Get Organized II
Click here to read Part I of this post now.
Every day, people conduct their lives using cash payments. They go to ATMs or they write checks to “cash” and get cash from a bank teller. They use cash for groceries, and to pay their gardeners, hairdressers, and snow shovelers. They hire people for home repairs big and small. They pay in cash for furniture or remodelling when the cash...
Elder Care: Let’s Get Organized
It’s possible that a few years from now, you’ll need to help someone apply for Medicaid to pay for assisted living, nursing home or home care. These applications are daunting. You can’t apply until the non-exempt assets are down to $2,000 or $4,000 (plus a protected amount for a community spouse), but the biggest challenge is dealing with the “5-year lookback.”...