Disability LawElder LawMay 25, 2021by Donald Dennison
Careful Consideration Should Go into Making Decisions Regarding Nursing Home Placement
If you need to select a nursing home for a loved one, there are several factors you should take into consideration.
Elder Law NewsMarch 29, 2020by Linda Ershow-Levenberg
NJ Supreme Court issues Notice concerning Courts and Cases
The latest release by the NJ Supreme Court outlines the latest rules concerning trials, scheduling, closings, and so on which will affect cases, lawyers and litigants throughout New Jersey. Cases can still be filed but numerous adjustments are being made to the deadlines and procedures. Emergencies can be addressed, and all matters are going to be handled by telephone or videoconferencing....
COVID-19 Related News and ArticlesElder LawMarch 20, 2020by Linda Ershow-Levenberg
COVID-19 Testing available for Medicare beneficiaries
Medicare Part B generally covers medically necessary outpatient testing for beneficiaries. CMS has recently advised that if testing is ordered by the patient’s physician and the test is performed on or after February 4, 2020, it will be a covered service under Medicare Part B. Read more here. The Centers for Medicare and Medicaid Services is issuing fact sheets and alerts that address...
Elder Law NewsJuly 20, 2017by lewis
Upcoming Live Seminar: Protecting Assets While Qualifying for Medicaid
Lauren Marinaro will present at an upcoming National Business Institute live seminar: Protecting Assets While Qualifying for Medicaid Date: Tuesday, August 15, 2017 Time: 9:00 AM – 4:30 PM Location: Molly Pitcher Inn 88 Riverside Ave Red Bank, NJ 07701 For more information or to register, please visit: http://www.nbi-sems.com/Details.aspx/R-76376ER%7C?ctname=SPKEM
Elder Law NewsJune 13, 2017by Linda Ershow-Levenberg
Don’t count on the Medicaid representative at the County Board to remind you to Spend Down
An application for Medicaid benefits cannot be approved before the applicant (and spouse, if any) has completed the spend-down, because benefits are not payable unless the applicant is financially eligible. It is not uncommon for someone to initiate an application for Medicaid without having any idea whether they are eligible or not. The nursing home may start the process; a nonattorney...
Elder Law NewsSpecial Needs NewsFebruary 1, 2017by Lauren Marinaro
Block Grants Could Throw Elder Care into Chaos
Since the election, there have been serious plans put out there to radically alter the Medicaid program . Right now, while it can be hard to get Medicaid without guidance and assistance, if you meet the eligibility criteria you are entitled to receive certain statutory benefits under federal law. The benefits provided to every person on Medicaid are paid for through a combination of state...
Elder Law NewsDecember 19, 2016by Linda Ershow-Levenberg
Federal Law limits involuntary discharge of nursing home residents
The federal Nursing Home Residents’ Rights Act protects residents against arbitrary, involuntary discharge by specifying only 6 grounds for discharge..And above all, even when one of those 6 bases exists, a nursing home also has the duty to make a safe discharge. A nursing home cannot involuntarily transfer a Medicaid resident unless there is another placement available which is...
Elder Law NewsDecember 14, 2016by Linda Ershow-Levenberg
Special Needs Fairness Act signed into law by President Obama
Today is a good-news day for people with disabilities who want to set up a Special Needs Trust to preserve their eligibility for critical benefits: the President has signed the Special Needs Fairness Act — S349 — into law. . Since 1993, an applicant or recipient of Supplemental Security Income (SSI) or Medicaid (now MLTSS in New Jersey) has been able to shelter their excess...
Elder Law NewsDecember 13, 2016by Linda Ershow-Levenberg
Save your receipts and bills for five years, for the look-back
If medical catastrophe strikes and someone in your family needs nursing home care, they may want to apply for Medicaid to pick up those costs. The regulations are complex, but there are lots of legal strategies that we use to help a person become eligible and to protect the rest of the family at the same time. The process doesn’t stop there, though. The applicant has to prepare and file...
Elder Law NewsDecember 9, 2016by Linda Ershow-Levenberg
Family Trusts to protect assets for the next generation
Has this happened to you? There is often a point in a person’s life when he looks at his children and grandchildren, starts thinking about how hard he worked to build his house or his business or his savings and investments, and wonders as he ages whether he will be able to still provide a financial legacy for his children. In particular, he may be worried that if he ever develops...