Medicaid’s Confusing Treatment of Trusts
Not a week goes by in which someone doesn’t call us about Medicaid eligibility as it relates to trusts. The question is usually some version of the following, “I transferred assets to an irrevocable trust. Can you confirm for me that those assets are protected and not countable by
The Latest Republican Efforts to Repeal and Replace Obamacare
Several months ago I wrote about the first attempt to repeal and replace Obamacare since the 2016 elections, which failed. The latest attempt, revived by New Jersey Congressman Tom MacArthur, passed thru the House of Representatives. The Senate, in secret meetings that have stirred more controversy, put out its
Assisted Living Medicaid is Still Not Retroactive (Part 2)
Last week I was telling you about an important difference between assisted living Medicaid and nursing home Medicaid. I explained this to my client but she heard – or thought she heard – something different from the facility. I had said that ALF Medicaid is not retroactive, meaning if
Assisting Living Medicaid is Still Not Retroactive (Part 1)
There are some very important differences in the Medicaid regulations and coverage for nursing home vs. ALF Medicaid. ALF Medicaid is a community based “waiver” program. It is not part of the basic Medicaid coverage that all states must agree to provide when they accept federal funds. Rather, this
Dad Gets Knocked Off of Medicaid (Part 2)
Last week I was telling you about John’s dad who was about to be knocked off of Medicaid. His mom had recently died. Her will stated that should Dad survive Mom her estate would pass to him. Included in the estate was the marital home which she was able
Dad Gets Knocked Off Medicaid
John called because his dad, who had been receiving Medicaid in a nursing home for several years, had just received a notice that his benefits were being terminated at the end of the month. He told me he had hired one of the companies that does Medicaid applications because
New Jersey Issues Updated Medicaid Penalty Divisor
The last time New Jersey updated it’s Medicaid penalty divisor was two years ago. The divisor is the State’s determination of what the average daily cost of nursing home care is across the State of New Jersey. Although it is supposed to be updated annually the last adjustment occurred
A Word About Family Caregiver Contracts (Part 2)
Last week I was telling you about Mary’s question to me. Her mom is in a Florida nursing home but she wants to bring her up north closer to Mary. Mom had given Mary $100,000 under a personal services contract which was drafted by a Florida attorney. Her question
A Word About Caregiver Contracts
Mary called because her mom is currently in a nursing facility in Florida. She wants to bring her up north to be closer to Mary. She then told me that a Florida attorney prepared a personal services contract in which Mom paid Mary a sum of $100,000 to provide
Irrevocable vs. Revocable Trusts – Is One Better than the Other? (Part 2)
Last week I explained that the initial reaction to irrevocable trusts vs. revocable ones is generally negative. People perceive there to be a loss of control or really a loss of the use of the funds transferred to irrevocable trusts. But, is that really true? No, it isn’t because