Court Ordered Alimony: Can Medicaid Deny Court-Ordered Alimony Payments to a Community Spouse?
NJ Medicaid and Court Ordered Alimony Video I was recently asked if I knew of any statutory or other persuasive authority supporting the …
Is Your NJ Business Exempt From Mandatory Spenddown to Qualify for Medicaid?
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 …
The After Thought of Transferring Assets – A Real Life Example of Good Intentions Going Wrong
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 …
You Cannot Avoid a Medicaid Estate Recovery Lien by Creation of an Elective Share Trust
The estate argued that the assets held in a trust created by a spouse are not subject to recovery by NJ because these assets …
NJ Must Abide by its Federally Approved State Medicaid Plan and Make Available Assisted Living and Home-Based Community Assistance Services to Eligible Medicaid Applicants
Under federal law, NJ is allowed to offer expanded Medicaid programs to individuals whose income exceeds the Medicaid income cap. Since NJ proposed to …
Understanding Eligibility for an Assisted Living Residence Under NJ Medicaid – Part of 2
Each applicant for Assisted Living Medicaid has two components, one part is clinical eligibility, the second part is financial eligibility. One way to become …
Understanding Eligibility for an Assisted Living Residence Under NJ Medicaid – Part 1 of 2
To understand Assisted Living Medicaid, you have to understand New Jersey Medicaid first. The history is important. New Jersey provides Medicaid long term care …
Medicare Scams
There is a new Medicare telephone scam. Scammers are calling, and identifying themselves as from Medicare. Then, they are asking for Medicare numbers and …
Income Derived from Personal Businesses Must Be Counted for Eligibility for Benefits
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 …
Federal Government Reinstates Restrictions on Nursing Homes to Discharge Residents and Relocate Them Within Facility Under Covid
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 …
New Jersey Family Care: Federal Government Agency and New Jersey Agency Together Extend Time for Families to File Appeals
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 …
If You’re Going to Loan Money to a Parent, Do a Promissory Note and Keep Good Records
Older persons often have their liquid assets tied up in real estate, mutual funds and annuities. They cannot gain access to these funds quickly …
Understanding Medicaid Eligibility for Assisted Living Admission
To understand Assisted Living Medicaid, you must understand New Jersey’s Medicaid laws. You also need to understand the Medicaid history concerning assisted living admission …
Is an Income Producing Property Exempt from Spenddown Under NJ Medicaid?
I was recently asked to evaluate whether income producing real estate is exempt from spend-down under NJ Medicaid. Federal law sets forth a mechanism …
Future Possible Nursing Home Costs Concern an Older Couple Who Wants to Get Married
Getting married to an aged and sick person may lead to financial ruin. Medicare treats the savings of both spouses as jointly owned. A …
Stimulus Payments and Medicaid
One of the biggest questions families with a family member who has Medicaid have asked me is if they can get a stimulus check, …
Arbitration Agreements in Long-Term Care Facilities – Part 2
In our last blog, I discussed the requirements that the Centers for Medicare and Medicaid Services (CMS) placed on long term care facilities that …
Protecting Your Family Members During COVID-19
People with disabilities have been disproportionately affected by COVID-19. Group homes, nursing homes, assisted living facilities, and state psychiatric facilities will not allow visitors. …
Arbitration Agreements in Long-Term Care Facilities- Part 1
In addition to various provisions within a nursing home or assisted living admission agreement, arbitration provisions have come under scrutiny by federal and state …
Medicaid Renewals
New Jersey’s Division of Medical Assistance gave our community an important update on Medicaid renewals on April 23, 2019. If you received a notification …
A Guardian is Authorized to Undertake Medicaid Planning Under New Jersey Law
• Protecting the real and personal property of an incapacitated person by applying for Medicaid is legally permissible in NJ • New Jersey court …
Objecting to a Lien Filed by the State of New Jersey to Recover Medicaid Payments
You can challenge and dispute the right of New Jersey to file a lien against an estate This article discusses how to appeal an …
Do Not Agree to Guarantee Payment to a Nursing Home as a Condition of Admission
Many individuals and families are highly stressed and in crisis when a nursing home placement is necessary Nursing homes often demand that a family …
Objecting to a Lien Filed By the State of New Jersey to Recover Medicaid Payments for Long Term Care
Medicaid Benefits are available to pay for long term care costs for eligible individuals Upon death the state can file a lien against the …
How New Jersey Medicaid Treats Life Insurance
Many people applying for Medicaid own life insurance The type of life insurance the applicant owns determines eligibility This article discusses how to deal …
If You Live Together with Your Spouse While Filing For Divorce, Medicaid Counts Both of Your Income
Income of both spouses is counted for Medicaid health coverage and medical payments I recently had a client who filed a fair hearing appeal …
New Jersey Medicaid Not Repaid From Third Party Trust
Recently, I met with new clients who are grandparents to many grandchildren, one of which is special needs. I was asked if Medicaid will …
Medicaid Gifting Rules and the Annual Federal Gift Tax Exclusion Are Unrelated: Don’t Be Confused!
I’ve written numerous posts about Medicaid gifting and the misconceptions surrounding the annual gift tax exclusion rules. Generally, I’m asked the question whether New …
Understanding the Differences in the Many New Jersey Medicaid Programs
By Fredrick Niemann, Esq. As an elder law attorney, I regularly work in the State Medicaid programs that provide long term care benefits. I …
How Can An Annuity Protect Your Assets From New Jersey Medicaid Laws?
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 …