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

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

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

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

Most of the time, the caregivers who come into my office desperately want to keep their loved ones at home. They come looking for assistance as the price of private home care is skyrocketing. For my New Jersey clients I cannot always share good news.» Read More

When a family member enters a nursing home or assisted living, it is an emotional and overwhelming time. So, generally, a careful review of the admission contract and related documents is not a top priority. Moreover, potential residents or family members who have concerns about certain provisions assume they have little choice, and the contracts are “take it or leave it.”» Read More

This week, I had two experiences, one in my practice and one in my personal life, that reiterated how challenging our health care system is. First, I had to tell a client that while I could get her 19-year-old son DDD services, there is nothing I could do to get him covered by Medicaid during the two-year waiting period for him to become Medicare eligible.*» Read More

The world of professionals who work with seniors is abuzz over the film I Care a Lot. The film tells the story of a private guardian who preys on older adults. She moves them to long-term care facilities when they do not need such care and exploits them financially.» Read More

Advocates are celebrating an important victory for individuals who provide care for their parents at home. The new decision will likely lead to a substantial expansion in the number of homes transferred to those caregivers. In A.M. v. Monmouth County Board of Social Services, the New Jersey Appellate Division recently reaffirmed the New Jersey regulation that allows older adults to transfer their homes to their adult caregiver children without Medicaid penalty.» Read More