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...
Finally! A clear declaration on the snapshot date for NJ medicaid home care applications
When a married person applies for Medicaid benefits to pay for nursing home care (“institutional care”), the first day of the first month of continuous residence in the facility is often referred to as the “snapshot date.” On that date, a “picture is taken” of all of the non-excluded assets owned by the two spouses. A calculation is then made to see if a...
NJ Medicaid confirms that CARES payments won’t interrupt benefits
Previously we reported on concerns about whether the $1200 per person payments or the $600 unemployment enhancements that would be arriving via the CARES ACT would be counted as income or a resource which would affect the means-tested benefits being received under New Jersey’s Medicaid (NJ FamilyCare) programs. We’re happy to report that the Director of DMAHS has released a...
County Medicaid Agency Backs Off – Small Business Saved
Recently, a senior client who had a very small business that he ran by himself came to see me in a panic. He was just making ends meet. His spouse had been on Medicaid in a nursing home for several years, but the county board of social services was now questioning the nature of the business and whether it was a countable resource that should have been spent down. They were going to...
NJ Medicaid raises spousal maintenance allowance; options still exist to increase the share of resources
Effective July 1, the State of New Jersey Division of Medical Assistance and health Services (DMAHS) has raised the Minimum Monthly Maintenance Allowance (MMMNA) for the spouse of a person who is on Medicaid. For residents of nursing homes, the general rule is that all of the resident’s income must be turned over to the facility as a cost-share, except for authorized deductions which...