Blog Archives

When Doing it Yourself (Medicaid) Can Only Take You So Far (Part 2)

                Last week I was telling you about Joe’s call.  His mother, who was on Medicaid, received notice of an inheritance of $75,000.  Joe wanted to figure out a way to keep that money since he and his brother had given Mom money to pay some of her medical expenses that she never repaid.                 […]

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Changes to New Jersey Medicaid Coming November 1 (Maybe)

     Last week I wrote about changes to New Jersey’s Medicaid program that are coming November 1, specifically with regard to the income cap.  Well, as with all things Medicaid, that date is not certain.  It’s now looking like December 1 is the more realistic date.      What is certain, however, is that […]

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Changes to New Jersey Medicaid Coming November 1

                I have written for many years about Medicaid’s strict income limit or “cap”   Individuals over the cap can’t qualify for some Medicaid programs, such as assisted living or home based Medicaid.                 That’s because New Jersey is what is known as an income cap state with a […]

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New Jersey Supreme Court Recognizes the Value of Special Needs Planning

                Sometimes as elder and disability attorneys we are criticized for helping our clients qualify for, or in some cases maintain, government needs based benefits.  “Why should people be able to protect any of their assets and still qualify for government benefits”, they ask.  “That’s not who the benefits are intended for.”                 The New […]

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Can I Leave the House to my Children and not my Spouse? (Part 2)

                Last week I was telling you about Sara, who called about her Mom.  Dad left the house to Sara and her sisters but because of something called the elective share, I told Sara that the house may not be entirely protected when it is time to file for Medicaid benefits.                 Here’s how it […]

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Can I Leave the House to my Children instead of my Spouse?

                Sara called because her mom, living at home, needed nursing home care and would need Medicaid after spending down her remaining $20,000 of assets.  She told me that her dad had died 3 years earlier. I asked her about what happened since then.  Sara explained that  Mom’s health had steadily declined after Dad died […]

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Turning Life Insurance into Long Term Care Insurance (Part 2)

                So your parent has an insurance policy that they can no longer afford and they are in spend down mode to qualify for Medicaid.  Cashing in the policy and spending the proceeds is necessary before Medicaid will kick in.  But last week I mentioned another option, something called a life settlement.                 Here’s how […]

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VA Pension is not Income for Medicaid Purposes

An important decision by federal court judge two weeks ago will have a big impact on many New Jersey assisted living residents – in a positive way.  The case, Galletta v. Velez,  directly addresses the relationship between VA and Medicaid benefits, which don’t always work well together. Some Medicaid programs have a strict income limit […]

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New Jersey’s Returning Home Program

A battle is playing out in Trenton over Governor Christie’s attempt to balance the budget by delaying payments intended to make up for years of underfunding of the State’s government pension system.   I have written in the past about how increasingly scrutinizing New Jersey has been with regard to Medicaid applications.    New Jersey is in […]

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Home Health Aide – Employee or Independent Contractor?

It’s a conversation we have with most of our clients at some point when guiding them through what we call the elder care journey.  Mom wants to stay at home but needs assistance with some of what are known as the activities of daily living – eating, bathing, dressing, walking and toileting. We recommend to […]

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