medicaid applications Tag

Judge William Martini of the Federal District Court for the District of New Jersey has issued a preliminary injunction barring the New Jersey Division of Medical Assistance and Health Services (DMAHS) from treating a certain type of annuity contract as a countable resource in connection with a Medicaid application. The case is JANE CUSHING, by her attorney-in-fact, Evelyn Fornale vs. Jennifer...

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...

Eligibility for Medicaid to pay for nursing home care or community care is all about the numbers. Starting January 1, 2018, the Community Spouse Resource Allowance (CSRA) for the community spouse of a married Medicaid applicant is being raised to $123,600 (from $120,900 in 2017).  This is the amount of countable available resources that the community spouse can have as of the date they want...

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...

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 Medicaid program pays for nursing home care for financially eligible people. The program is administered by the State Division of Medical Assistance and Health Care Services (DMAHS), which delegates the application processing to the employees of the county Boards of Social Services (sometimes called county welfare boards). All of these people are government employees. They receive and...

Just out — summary judgment was granted to the plaintiffs in an Ohio Medicaid case in Federal District Court for the Southern District of Ohio called Kathryn A. Price et al. vs Medicaid Director et al.. The plaintiffs were represented by counsel through the nonprofit organization Justice in Aging  Inc. Here’s the decision. At issue was the rewuirements of 42 USC 1396a(a)(34)....

The Medicaid program for long-term care was created by Congress decades ago and is administered by the States and their myriad separate counties. Did you know that there are at least 11 bodies of law that interpret this  byzantine program? From top to bottom we have the Federal Medicaid statutes (42 USC 1396); the Social Security statutes pertaining to the SSI program (42 USC 1382); SSI...

The State of New Jersey provides part time home health care services to eligible individuals through the Medicaid Managed Long-Term Services and Supports (MLTSS) home and community  program (formerly called Global Options). Applicants are individuals who require an institutional level of care because they require assistance in three or more of their Activities of Daily Living (ADL’s),...