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 …
Whose Debt Takes Priority When an Estate is Insolvent and NJ Medicaid Gets Involved?
If an estate has debts greater than the value of Estate assets, cash, etc., the estate is known as insolvent. Insolvent Estates create competing …
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 …
If New Jersey Does Not Give You Clear Reasons Why They Denied Your Medicaid Application, Then Appeal… and Win
Denial of Medicaid eligibility for long term care can be successfully appealed The state in its notice of denial must give you the statutory …
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 …
Oh No, I’m Getting Money; Now What Do I Do?
I get quite a few calls from attorneys who have settled cases or obtained judgments in favor of their clients to compensate them for …
If the County Medicaid Office Fails to Give You Clear Response Why They Denied Your Medicaid Application, You Can Appeal… And Win
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, New Jersey Medicaid Application and Eligibility Attorney As I’ve …
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 …
Federal Medicaid Law Prevents a Nursing Home from Billing You Directly
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, Monmouth County, NJ Elder Law & Medicaid Attorney I read an interesting …
Program of All-inclusive Care for the Elderly (PACE)
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Elder Care Attorney What is PACE? PACE stands for Program of All-inclusive Care …
When Can Medicare Stop Paying for Skilled Care and Rehabilitation
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Medicaid Attorney Often times families and patients are told by representatives of a …
This Just In From the State: 2015-2016 Community Spousal Maintenance, Shelter and Utility Allowance Adjustments (MMNA & CSRA Allowance)
Effective July 1, 2015 the new base income allowance for a community spouse will increase from $1,966.25 to $1,991.25. The new standard for determining …
Big Change to Medicaid
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Medicaid Attorney The Appellate Division of the Superior Court of New Jersey decided …
Must You Sell Your NJ Business to Qualify for Medicaid
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Medicaid Eligibility Law Firm When the State considers an applicant’s eligibility for Medicaid, …
Social Security – Should You Take it Early or Not?
By Fredrick P. Niemann, Esq., a Freehold, NJ Medicaid Attorney Much has been written recently about the pros and cons of taking Social Security …
After Your Discharge From the Hospital: Choosing a Nursing Home that Accepts Medicaid for Your Long Term Care
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Medicaid Attorney Moving from one’s own home into a nursing home for long-term …
MEDICAID PLANNING DESPITE TOUGHENED RULES
Although the Deficit Reduction Act of 2005 tightens Medicaid eligibility in New Jersey, Medicaid continues to be the primary program to avoid impoverishment due …
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