Medicaid Tag

The New Jersey Supreme Court has issued a decision that will be very helpful to disabled children of retired NJ police and firefighters, called Saccone v Board of Trustees of the Police and Firemen’s Retirement  System (9/11/2014), http://caselaw.findlaw.com/nj-supreme-court/1677772.html Under the rules for the Police and Firemen’s Retirement System (PFRS), upon the death of a...

It is axiomatic that aged individuals would prefer to remain in the comfort of their familiar surroundings rather than finish their lives in an institutional setting. This is the case whether the person lives in a mansion or a little apartment, in a house with their beloved  front porch or a home with their comforting tiny living room or sunny little back yard. Federal initiatives exist that...

A person with disabilities who is incapable of engaging in substantial gainful activity for self-support in the competititve workplace may be receiving Supplemental Security Income (SSI) and the Medicaid benefits for health care that accompany the SSI.   http://www.state.nj.us/humanservices/dmahs/clients/medicaid/abd/index.html   The person may reside in the community, in an assisted living...

A few days ago I met with a new client whose elderly relative had given out $12,000 gifts per person to a set of favorite relatives about 4 years ago because someone at the bank told her that if the gifts were limited to this amount $12,000 it would not be counted against her if she had to go to a nursing home. You would not believe how often this incorrect legal advice is given out, often by...

In the realm of elder care, a child who resides in their parent’s home and provides the care, assistance and supervision needed to enable the parent to remain in the community is typically referred to as the “caregiver child.” Sometimes — oftentimes — the child is giving up other jobs or income in order to provide this caregiving. Frequently the parent wishes to...

My last post discussed some of the differences between Medicaid and the Veterans Improved Pension programs with respect to the treatment of assets, trusts and transfers. The treatment of income is also different among these programs. Here is a chart that will give you these comparisons at a glance. 2014 VA Pension and Medicaid income resource chart Income eligibility for Veterans Improved...

A Medicaid application for nursing home level services is not filed until your countable, available assets are below a specific limit. Transfers (gifts) and Trusts can be used in certain circumstances. When our attorneys  are analyzing the laws and developing your asset protection plan, the two major issues in this regard are (1) whether the funds in the Trust continue to be countable assets,...

The NY TImes reported on August 31 that the American Medical Association (AMA) has created billing codes for doctors to use when they spend time with a patient discussing and explaining the options for medical treatment at the end of life. http://www.nytimes.com/2014/08/31/health/end-of-life-talks-may-finally-overcome-politics.html The billing codes have been submitted to the Centers for...

Over the years in my practice I have encountered many situations in which a discretionary trust was written into a Will to receive the inheritance of a person who had disabilities. Often the testator (person who was signing the Will) specifically wanted to protect the funds becuse they knew the person with disabilities relied on government programs like Medicaid or SSI. However, since the...

When an individual moves into a nursing home for long-term care, there are an array of admissions documents that get signed. These include everything from personal preferences information to insurance and financial disclosures, medical releases, selection of physicians etc. One of these documents contains the contract for payment for the services being rendered. Typically, the contract...