Warning!! Watch out for Medicaid Traps when setting up an Irrevocable Prepaid Funeral Contract
When “spending down” excess resources in connection with an application for Medicaid benefits under the MLTSS program, the individual frequently purchases an irrevocable, prepaid funeral contract, because such a contract is treated as an “excluded resource” under the rules of the program. These contracts are set up by the funeral home, and the individual looks through a...
The Governor has a Medicaid system improvement bill on his desk
If you or any of your colleagues, friends, or family members are in support of improving the system for Medicaid eligibility determinations, you should call the Governor’s Office of new jersey’s Governor Murphy at 609.292.6000 and request that the Governor sign A4569/S499 into law. pass on this information to people you know who are interested in this issue.
According to BillTrack50, in...
New Jersey issues Guidance on ABLE accounts and Medicaid
Hot off the presses, the State of New Jersey has just released its Med-Com concerning the treatment of ABLE accounts by the New Jersey Medicaid programs. Here it is – Med-Com 19-09 ABLE Act
Up to $305,000 that is held in an ABLE account will be excluded from consideration as a “resource” for purposes of NJ Medicaid programs (the limits is $100,000 for SSI). The accounts can...
Medical Aid-in-Dying Act signed by Governor Murphy
On April 12th, New Jersey joined seven other States which have enacted laws authorizing a terminally patient to self-ingest a drug that would end their life. Oregon was the first State to allow this, in 1997. The New Jersey bill was A1504/S1072. It will go into effect on August 1, 2018. Over two dozen other States are actively considering such legislation.
The Act specifies criteria for who is...
Hearing Monday in Trenton on Social Isolation and Age-Friendly communities
New Jersey is working on efforts to encourage municipalities to become “age-friendly communities.” Age Friendly is spreading across the country, with interesting initiatives in many places. Take a look at South Orange-Maplewood, Chatham, and Elizabeth for starters. Looking for volunteer opportunities? Contact your Mayor — you may be able to get involved with those initiatives...
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...
Guidebook available regarding common nursing home problems
Justice in Aging is a non-profit organization that is dedicated to fighting for the rights and interests of poor elderly people in the United States. The organization has just released a free guidebook called “25 Common Nursing Home Problems and How to Resolve them.” Click here to find out how to get this publication.
Readers of this blog are aware that skilled nursing facilities/...
Recorded Life Estate given priority over later-recorded mortgage
Here’s a situation that came up after parents transferred their home to their daughter and reserved a life estate. The value of the life estate vis-à-vis the whole property is a pro rata percentage based on the age of the life estate holder at the time of the transaction in question. The case is called Ocwen Loan Services, LLC vs. Quinn.
The transfer took place in 2004. A year later, the...
Elder penalized for wages paid to family caregiver, due to insufficient evidence
When a person applies for Medicaid to pay for home care or nursing home care, a penalty will be imposed if assets were given away during the preceding five year “look-back” period. There are numerous regulations in federal and state law concerning “uncompensated transfers,” which are gifts. A “gift” is distinguished by law from a “payment for goods...
Great Reasons to Update your Will Once in a While
The years really fly by. I can’t tell you how many times some one has come in to meet with me who signed a Will 25 years before and never updated it. When major changes occur in your life, it’s important to see your lawyer for a “check up” to make sure that your old Plan is still a good Plan for you. Here are samples of situations I have encountered, which required an...