FRE-L Attorneys have been busy teaching Continuing Legal Education
This has been a busy year for the elder law attorneys at our Firm in the realm of community education. We’ve been teaching at programs run by the NJ Institute for Continuing Legal Education almost every month. Among the topics of Linda and Lauren’s lectures were Representing Clients in Medicaid Fair Hearings at the Office of Administrative Law; Getting the Most out of...
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...
Medicaid applicant must prove that funds in Joint account were contributed by other co-owner
An applicant for Medicaid to pay for nursing home care is not eligible if the available resources exceed a certain level. The regulations for New Jersey Medicaid specify how joint accounts are treated: “All funds in the account are resources to the individual, so long as he or she has unrestricted access to the funds (that is, an “or” account) regardless of their source. When...