New Bill introduced to Protect Long-Term Care Residents from Exploitation
State Senator Joseph F. Vitale (D – Middlesex) and Sen. Robert W. Singer (R-Ocean), who are strong advocates for New Jersey’s senior citizens, have co-sponsored a new bill to address problems that keep occurring in certain of New Jersey’s nursing homes. In our elder law practice, we have encountered situations in which financial officers of nursing home corporations...
Appellate Division Reverses Medicaid Denial in Our Client’s Annuity Case
In a precedent-setting decision approved for publication, the Appellate Division of Superior Court has reversed the denial of our client’s application for Medicaid/MLTSS eligibility . Read the case here: C.L. vs DMAHS and Bergen Cnty A-4284-19 Appellate Decision 10-17-2022The case involved the purchase of a certain annuity contract in 2019...
Transfer Penalty Traps and NJ Medicaid Applications
Medicaid Long-Term Services and Supports (MLTSS) is the government program that pays for nursing home care and long-term care in other settings for people who meet the stringent financial requirements. The application is filed once the non-excluded resources (assets) are below the specified levels. Along with the application form itself, the applicant must supply numerous documents as proof...
The 2022 “Medicaid Numbers” you need to know in New Jersey
The NJ Division of Medical Assistance and Health Services (DMAHS) has released Medicaid Communication #22-01 which provides the new numbers that are relevant to applications for Medicaid Long Term Services and Supports (MLTSS) benefits. 22-01_Income_and_Resource_Standards_for_Medicaid_Only (1) MLTSS pays for nursing home care (skilled nursing facilities), Assisted Living Facilities and...
“Have you Talked to an Elder Law Attorney yet?”
The world can feel like a confusing, tangled mess when a loved one has dementia and needs to be discharged from a hospital with a major care plan in place. There are so many options, and hospital staff are in a huge hurry the minute the doctor signs the order clearing the patient for discharge. Staff speak in “shorthand,” using code words or acronyms that the patient’s family may not...
Applications for Medicaid/MLTSS are still being accepted at the County Boards of Social Services
Increasing numbers of frail elderly are trying to arrange for care in their houses or apartments because admission to nursing facilities is so problematic at this time. About one third of the state’s skilled nursing facilities are considered to be incapable of appropriately isolating COVID-19 patients, and have been barred from any new admissions. Of course, arranging for home care is...
Restrictions related to Covid-19 particularly impact elders and people with disabilities
Everything is happening so fast it’s making our heads spin. The frail, dependent aged and disabled people in our communities are having a tough time of it. Starting today, Social Security Offices are only accepting telephone contacts and online contacts. COVID – 19 SSA press release Health care providers are overwhelmed. County welfare offices are urging people to do their...
New 401(k) Rules May Impact Medicaid Determinations for Couples
On January 1, 2020, new federal rules went into effect relating to hardship distributions from 401(k)s and other ERISA plans.
The new rule — 26 CFR 1.401(k)-1(d)(3)(ii)(B) — broadens and changes the circumstances under which a 401(k) plan must be made available to employees. Previously, a company with a 401K plan had the discretion to limit the ability of an active employee...
True or False? try this New Jersey Medicaid Quiz
Test your knowledge about nursing homes and the Medicaid-MLTSS program that pays for nursing home care, assisted living and part-time home care.
Does a person’s monthly income have to be less than $2,313 (2,349 in 2020) to apply for Medicaid-MLTSS?
Will the State take one-half the house if a married person moves into a nursing home?
Does a married person have to sign over or pay...
New guide available for appeals of Medicaid Managed Care Decisions
Medicaid services are now provided through managed care organizations (MCO’s), which are required by federal law to provide a grievance and appeal process for the enrollees. An enrollee may be dissatisfied with the number of hours of service, or the services being provided, or a host of other issues. Three major nonprofits have collaborated on a new guide for advocates to help them in...