Preventing Exploitation and Fraud Amongst Long-Term Care Providers and Medicaid Advisors

Important consumer protection legislation for seniors and others who need-long term care has been introduced by New Jersey State Senators Joseph F. Vitale and Robert W. Singer. This bill, S3606, addresses a variety of problems that advocates have been fighting against for years but have recently come into the public spotlight due to some great reporting on exploitation of residents.» Read More

There have been few silver linings to the COVID-19 pandemic, but one of those few is the fact that the federal government prohibited states from terminating any Medicaid beneficiaries during the public health emergency. This has allowed hundreds of thousands of Medicaid beneficiaries in our tri-state area to continue to receive Medicaid benefits despite being technically ineligible.» Read More

1 – I cannot give away anything and qualify for Medicaid.

This is a complicated area of the law and readers should consult with a knowledgeable elder law attorney before they transfer their assets. Although transfers between spouses are exempt, transfers to persons other than spouses usually subject the donor to penalties that result in periods of ineligibility for Medicaid.» Read More

A recent national study found that half of the families that care for a loved one with a disability have not made plans for the future. That is likely to have devastating effects, as three-quarters of Americans with disabilities live with a family caregiver, and one-quarter of those caregivers are sixty or older.» Read More

Most individuals think they’ll never find themselves or their loved ones on Medicaid. However, the cost of long-term care is so exorbitant that many middle-income seniors turn to Medicaid to pay for their care in assisted living and nursing facilities. Medicaid is complex, with intricate rules that require special attention and planning.» Read More

We hear it every day – seniors are financially exploited. At least 36 billion dollars annually is lost, and the funds are almost never recovered. However, we recently ran across a case where the perpetrator’s hubris and the name caught our interest.» Read More

I get asked some version of this question fairly frequently. I generally reassure clients that most facilities simply require you to pay month-to-month, and you can leave at any time. Now I may have to change my response, as news broke this week that a New Jersey woman allegedly had all her assets stolen by the very entity she trusted to care for her.» Read More

On Aug. 10, 2022, President Biden signed into law a monumental expansion in VA health care and benefits. The full name of the law is The Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act.

The best-known provisions of the law are those that add more than 20 new medical conditions that result in presumptive eligibility for service-connected disability benefits.» Read More

In January 2022, Gov. Phil Murphy signed a bill (A4478) that improves reporting and enforcement for nursing homes. The law requires nursing homes to disclose more detailed financial information. This is especially important as an increasing number of facilities are owned by private equity firms.» Read More

New Jersey’s Medicaid Workability program has enabled many individuals with disabilities to live more meaningful and productive lives by allowing them to work without fear of losing their Medicaid benefits. The program allowed participants to receive Medicaid while working and having assets and income exceeding the strict financial criteria.» Read More