Blog Archives

Gifting and the Medicaid Penalty

       Once again, a recent New Jersey court case has highlighted the dangers of do it yourself Medicaid planning. In the case in question, C.W. v. New Jersey Division of Medical Assistance and Health Services, 90 year old C.W. moved into a nursing home in 2007. She then transferred her home and $540,000 in other […]

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Family Caregiver Agreements – Acceptable? (Part 2)

            Last week we were discussing family caregiver agreements in light of a recent New Jersey Appellate court decision, E.R. v. DMAHS.  In that case, Mom and Daughter entered into a caregiver agreement while Mom was living in Daughter’s home.             Mom eventually entered a nursing home and applied for Medicaid.  The State of New […]

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Family Caregiver Agreements – Acceptable?

            When having a conversation about long term care and qualifying for Medicaid, every so often the topic turns to paying a family member to care for Mom or Dad. Is it a permitted Medicaid spend down?             In many cases the discussion occurs after the services have already been provided – often for years. […]

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Qualified Income Trusts Revisited (Part 2)

                Last week I said I would share with you my experiences filing applications with Qualified Income Trusts (Miller Trusts) which are required when an applicant has income over Medicaid’s  strict income cap ($2199 for 2015).                 The rules are very technical.  Income can’t be split.  If I receive $1500 from Social Security and $1600 […]

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Qualified Income Trusts Revisited

            It has been 7 months now since New Jersey eliminated its Medically Needy Medicaid program and as a result brought back Miller trusts. I detailed the changes in my posts of October 13 and October 20, 2014. The changes actually went into effect December 1, 2014. How have these changes been implemented? I am […]

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Thinking About Transferring Your Home to Your Children?

            Jamie called because her dad was in need of Medicaid.  He was now in a nursing home and Mom was living at home.  They had about $120,000 of countable assets.  I asked about the home and Jamie told me her parents had transferred it to her 7 years earlier.             Jamie was confident when […]

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Medicaid Isn’t Just About the Finances

            It’s something I always remind clients when we talk about Medicaid eligibility.  Meeting the income and asset limits are not the only requirements.   An applicant must also be medically eligible.              What does that mean?  An applicant must establish the need for nursing home level care, needing assistance with […]

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Retitling Assets to Healthy Spouse to Qualify for Medicaid (Part 2)

            Last week we were discussing Mary’s dilemma.  Her husband, George, has Alzheimer’s Disease and is going to need some care at home.  Mary is concerned that soon he will need nursing home level care and she wants to preserve their primary home and their second home.              The problem […]

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Google Hangout – Miller Trusts

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Changes to New Jersey Medicaid Have Finally Arrived!

                So it has finally happened.  Effective last Monday, December 1, New Jersey no longer is offering its Medically Needy program to individuals in need of nursing home level care.                 What this change does is effectively make Medicaid benefits possible to those at home and in assisted living facilities as well as in nursing […]

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