When an irrevocable trust is created as part of an estate plan or Medicaid planning, the trustee has important fiduciary responsibilities. But what happens …
A recent story making headlines involves a 78-year-old woman entering assisted living with approximately $700,000 in assets—and the possibility of receiving an additional inheritance. …
The concept of a community spouse being able to refuse to support their institutionalized counterpart comes from 42 U.S.C.A. § 1396r-5(c)(3). The law gives …
A qualified income trust (QIT) established in New Jersey for the benefit of an individual applying for Medicaid is valid if: the trust is …
This blog discusses N.J.’s statutory lien laws to recover medical and other expenses paid to accident and other victims by N.J. Medicaid N.J. pays …
Every year NJ announces changes to its regulations which govern the amount of money a community spouse (a community spouse is the spouse who …
I see it every day at the office. A diagnosis of a degenerative condition is received by a family member. Panic sets in. How …
Under the federal regulations for Social Security Income (SSI) eligibility, the 401k’s of a spouse living with the applicant are specifically excluded resources. See …
A line of credit is not income for the purpose of Medicaid eligibility. Borrowed funds are specifically excluded from income for the purpose of …
Balance billing by Medicaid providers is clearly prohibited by both state and federal law. Under 42 U.S.C. § 1396u-2: Each Medicaid managed care organization …
States may accept self-attestation of non-financial eligibility criteria for Medicaid, except as required by law or regulation (citizenship and immigration status, Asset Verification System). …
For Medicaid, CHIP, and BHP, states must accept applications from the applicant, an adult in the applicant’s household, an authorized representative, or if the …
States must have procedures in place designed to ensure that beneficiaries in Medicaid, CHIP, and a BHP can timely and accurately report changes in …
For MAGI Medicaid and CHIP beneficiaries whose eligibility has been terminated at renewal, the agency must reconsider the individual’s eligibility without requiring the individual …
If a Medicaid beneficiary is no longer eligible for the category in which the beneficiary is enrolled, the Medicaid agency must consider whether the …
If an ex parte renewal cannot be completed, the agency must provide beneficiaries with a renewal form and request information from the beneficiary. The …
In my previous blog I discussed how NJ will conduct renewals for continuing Medicaid eligibility. In this blog I will go over understanding the …
In my previous blog I discussed what to do when NJ seeks to terminate your Medicaid long-term care benefits when the COVID-19 emergency ends. …
Under the FFCRA, New Jersey must maintain continuous enrollment of Medicaid beneficiaries through the last day of the month in which the PHE ends, …
NJ Medicaid and Court Ordered Alimony Video I was recently asked if I knew of any statutory or other persuasive authority supporting the …
When the State considers an applicant’s eligibility for Medicaid, it meticulously examines the applicant’s finances to ensure that all resources are valued below the …
When I talk to some people about long-term care and Medicaid, I sometimes hear strong opinions that “it is wrong to transfer assets in …
The estate argued that the assets held in a trust created by a spouse are not subject to recovery by NJ because these assets …
Under federal law, NJ is allowed to offer expanded Medicaid programs to individuals whose income exceeds the Medicaid income cap. Since NJ proposed to …
Each applicant for Assisted Living Medicaid has two components, one part is clinical eligibility, the second part is financial eligibility. One way to become …
To understand Assisted Living Medicaid, you have to understand New Jersey Medicaid first. The history is important. New Jersey provides Medicaid long term care …
There is a new Medicare telephone scam. Scammers are calling, and identifying themselves as from Medicare. Then, they are asking for Medicare numbers and …
When applying for welfare through a county’s Board of Social Services, whether it’s Medicaid or SNAP benefits, you are required to provide to the …
When the COVID-19 emergency began, the Centers for Medicare and Medicaid, the federal agency which controls the administration of long term care facilities, issued …
For many New Jersey families, COVID-19 has made it impossible for them to keep their health insurance. That means more people and families than …
