New Jersey Federal Court Upholds Legal Challenge to Appeal of Medicaid Denial (Part III of III)

HNW Elder Law

By Fredrick P. Niemann, Esq., a Freehold Township, Monmouth County New Jersey Appeal of Medicaid Denial Attorney In Part I and II of this series, I discussed a case law in New Jersey that addressed a challenge to the postponement of a penalty period of ineligibility by the New Jersey Department of Human Services. The Federal Court noted as an initial point, the applicant had resources over $2,000 making her ineligible for Medicaid benefits.  The applicant argued that she was eligible for Medicaid benefits in March through June of the calendar year when she initially applied for benefits.  Because she was not deemed eligible for Medicaid benefits until months after filing her application, her penalty period did not begin to …

How to File a Medicaid Application in New Jersey

HNW Applying for Medicaid Long Term Care Benefits, Elder Law

By Fredrick P. Niemann, Esq., of Hanlon Niemann & Wright, a Freehold Township, Monmouth County New Jersey Medicaid Application Attorney The process of properly completing a Medicaid application and providing all necessary information and documentation to your county Medicaid agency is extremely labor intensive. The process is deceptive, in that it often may appear to be much simpler than it actually is. Filing the Application Federal and New Jersey state laws regulate the Medicaid application process. The federal law on Medicaid applications is found in the Code of Federal Regulations, 42 C.F.R. §435.900. The state regulations concerning Medicaid applications are found in the New Jersey Administrative Code, Title 10, and Section 71. Internal agency memoranda, called Medicaid Communications, from the state …

New Jersey Federal Court Upholds Legal Challenge to Appeal of Medicaid Denial (Part II of III)

HNW Elder Law

By Fredrick P. Niemann, Esq., a Freehold Township, Monmouth County New Jersey Appeal of Medicaid Denial Attorney In Part I of this blog, I discussed a case law in New Jersey that addressed a challenge to the postponement of a penalty period of ineligibility by the New Jersey Department of Human Services. When does a penalty begin when a transfer of assets, property and/or money is made by a Medicaid applicant?  In the case of a transfer of assets, the start of the penalty date is the first day of a month during or after which assets have been transferred for less than fair market value, or the date on which the individual is eligible for medical assistance and would …

A Nursing Home Cannot Force a Resident’s Family or Friends to Guarantee the Payment of Nursing Home Costs

HNW Elder Care Law, Elder Law

By Fredrick P. Niemann, Esq. a NJ Elder Care Attorney Admission to a nursing home is a traumatic event.  No one wants to go to a nursing home, especially the incoming resident, family members and concerned friends. Sometimes a nursing home will try and secure an economic benefit by requesting that a friend, power of attorney or family member co-sign the admission contract and assume personal liability for the costs and expenses of the new residents care, room and board. A nursing home may request a financial guarantee to collect unpaid bills from a friend or family member if, a resident’s Medicaid application is mishandled or denied. This is illegal and has been illegal for quite some time in New …

Is This a Season of Joy and Gratitude or a Season of Sadness and Despair?

HNW Additional Practice Areas

Message from Fredrick (Fred) Niemann A Freehold Township, Monmouth County, NJ Attorney To Our Clients, Friends and Associates, I hope everyone enjoys a very Merry Christmas and/or Happy Chanukah.  To all a healthy and meaningful 2019. It is our privilege at Hanlon, Niemann & Wright to be of service to you and our thousands of clients.  We take our professional responsibility seriously and realize you have many choices when it comes to selecting an attorney and law firm.   We thank you. Last year I offered thoughts about a subject that caught my attention while holiday shopping. When I sent it out via email, I never expected the response it generated.  So many of you responded with appreciation for the sentiments …

Understanding the Differences in the Many New Jersey Medicaid Programs

HNW Elder Law, Medicaid Eligibility and Planning Strategies to Protect Assets and Income

By Fredrick Niemann, Esq. As an elder law attorney, I regularly work in the State Medicaid programs that provide long term care benefits.  I categorize these programs primarily as institutional Medicaid and community waiver Medicaid under the MLTSS Program (Managed Long Term Support Services). Institutional Medicaid covers long term care in a nursing home.  New Jersey is a no “maximum income limit state with a medically needy program”.  What this means is that we have two (2) institutional Medicaid programs within the main institutional Medicaid program.  Confusing isn’t it? The first program is the “Medicaid Only” program which is for residents who have income below the maximum income limit (currently $2,205.00 gross income per month in 2017-2018).  For those with …

How Can An Annuity Protect Your Assets From New Jersey Medicaid Laws?

HNW Elder Law, Medicaid Eligibility and Planning Strategies to Protect Assets and Income

By Fredrick P. Niemann, Esq. a New Jersey Medicaid Attorney Annuities are really confusing.  But in today’s medical world, you may hear that annuities can be “Medicaid friendly.” What exactly is a “Medicaid friendly annuity”?  Simply stated, they are funds converted into an annuity that Medicaid treats as an exempt resource and only as income which allows for (sometimes) immediate Medicaid approval for nursing home, assisted living and home based care.  Under New Jersey law, a traditional commercial annuity does nothing to protect assets from the cost of long term care.  In fact, without careful planning, simply investing in an annuity will result in the unnecessary loss of assets and a denial of Medicaid benefits. Understanding why this is requires …

New Jersey Federal Court Upholds Legal Challenge to Appeal of Medicaid Denial (Part I of III)

HNW Elder Law

By Fredrick P. Niemann, Esq., a Freehold Township, Monmouth County New Jersey Appeal of Medicaid Denial Attorney A case law in New Jersey addressed a challenge to the postponement of a penalty period of ineligibility by the Commissioner of the New Jersey Department of Human Services.  The plaintiff in this case was a woman over the age of sixty five who resided in a nursing home.  Over several years, she made gifts to various family members in $12,000.00 increments.  The amount of these gifts totaled $192,000.  Then she applied for Medicaid benefits.  The County Board of Social Services informed Plaintiff that a penalty period of 30 months from the date of Medicaid eligibility would have otherwise been available due to …

Federal Medicaid Law Prevents a Nursing Home from Billing You Directly

HNW Elder Care Law, Elder Law, Medicaid Eligibility and Planning Strategies to Protect Assets and Income

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, Monmouth County, NJ Elder Law & Medicaid Attorney I read an interesting case, which frankly brought up an issue I had not contemplated which is; must a medical service provider (i.e., a doctor, hospital x-Ray technician) bill a Medicare/Medicaid patient directly for services etc. rendered rather than Medicare or Medicaid directly?  I pretty much assumed that if you are eligible for Medicare or Medicaid and receiving services, there would be no reason for a nursing home or other medical provider to bill anyone but Medicare/Medicaid, otherwise, the provider would go unpaid.  Apparently, in this case, the patient was a plaintiff in a fairly substantial personal injury lawsuit and …

An Equitable Adoption?  You Are Either Legally Adopted or You Are Not.  There is No In-Between. (Part 2)

HNW Additional Practice Areas, Elder Law

By Fredrick P. Niemann, Esq., a Freehold Township, Monmouth County, NJ Probate Attorney Part 2 of a 2 Part Series In my previous post, I discussed a case which involves the death of a biological parent in which a child was never formally adopted but raised as if the biological child of a stepparent.  I continue my discussion in this post. When told the news about this birth father, GA Jr. was stunned; although resistant, he eventually commenced a casual relationship with his father that consisted of only occasional telephone calls and even fewer visits.   It is fair to assume (particularly when viewing the facts in the light most favorable to GA Jr.) that a true psychological parental relationship never …