Notice of Medicaid Ineligibility violates Due Process if it doesn’t specify the Reason
The Superior Court of Massachusetts recently addressed the question of whether a state Medicaid agency had given adequate notice to the Medicaid applicant of the reason for denial of eligibility. What’s useful for New Jersey purposes is the exended discussion of the federal regulations pertaining to Notices of denial, and the explanation given by the Court as to why the Notices in...
Some trust assets may disqualify a Medicaid applicant
One friend tells another, “Put your assets in a trust so the nursing home won’t take them.” But this technique isn’t necessarily the “magic bullet.” The concept of countable assets and resources is broader under Medicaid law than it is under some other bodies of law. Placing your assets into a trust structure might avoid some problems — like probate...
Nursing Home resident on Medicaid gets second chance to win her bid for a medically necessary power wheelchair
When an individual resides in a nursing home and receives Medicaid benefits, the facility is paid an all-encompassing per diem rate which is designed to cover all of the costs of medically necessary services that the facility provides to the resident. There are times that a facility declines to provide some specialty service or equipment because of its extra cost, or the facility seeks...
Appealing reduction of home care hours under NJ Medicaid
Has your loved one been receiving home care services under any of the New Jersey Medicaid Home and Community-based programs such as Global Options? The State’s Comprehensive Medicaid Waiver replaced that program with MLTSS – Medicaid Long Term Services and Supports — and each recipient is assigned to a Managed Care Organization (MCO) which performs a care plan assessment and...