Can You Receive Any Services and Benefits from Medicaid During a Penalty Period?

HNW Applying for Medicaid Long Term Care Benefits

Applying for Medicaid

  • Gifts made within 5 years of applying for Medicaid will result in a penalty to the applicant equal to the value of the gift.
  • This article discusses what benefits are available to a penalized applicant during the penalty period.

In NJ, a penalized applicant is entitled to what is called ancillary services.  Neither the state or federal regulations have a specific definition of ancillary services as it relates to what you get from the Medicaid program.

The very simple answer is ancillary services are “all “Medicaid benefits OTHER THAN room and board charges” at home, assisted living or nursing home.

Generally, these services consist of “out-patient services, physician’s services, physical therapy, drugs, speech therapy, occupational therapy, psychotherapy, social work and laboratory services.”  The entire list of services is found at N.J.A.C. 10:49-5.2.

To discuss your NJ Medicaid matter, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at  Please ask us about our video conferencing or telephone consultations if you are unable to come to our office.

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Applying for Medicaid Attorney

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