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 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
Assisted Living Medicaid Isn’t Necessarily Forever (Part 2)
Last week I was telling you about Joe’s dad. He had qualified for Medicaid in an assisted living facility (ALF) and been assigned one of the facility’s 10% of its beds that are set aside for Medicaid residents. Everything was fine until he fell and broke his hip. When
Assisted Living Medicaid Isn’t Necessarily Forever – Part 1
Dad is in an assisted living facility (ALF) and is close to running out of money. I would like him to stay in that facility rather than moving him to a nursing home. In the past I have discussed the hurdles of getting assisted living Medicaid, which is different
Getting a Money Settlement While on Government Benefits (Part 3)
The past 2 weeks I outlined for you the problem of what to do with a money settlement that is received by someone currently on Medicaid. A special needs trust is the solution most often recited. But what choices does Joe have? He is the 70 years old client
Getting a Money Settlement While on Government Benefits – Part 1
We get quite a few calls from attorneys who have settled cases or obtained judgments in favor of their clients to compensate them for pain and suffering resulting from slip and falls, car accidents, medical malpractice etc. The amount recovered might be small – say $10,000. In other cases
Solving Only One-Half of the Problem (Part 2)
Last week I was telling you about a very typical call in our office. Joe and Mary went to see an attorney to get their affairs in order when they learned that Mary had dementia. It was a little more than 3 years later - when he could no
New Jersey Courts Decide Case Involving Estate Recovery and Elective Share (Part 2)
Last week I told you about a case that was just decided by a New Jersey court in which a family tried to avoid the impact of New Jersey’s elective share as it relates to Medicaid. (See 1/30/17 post for an explanation of the elective share and Medicaid estate
New Jersey Courts Decide Case Involving Estate Recovery and Elective Share #EstateRecovery
Estate recovery is something I am asked about frequently when it comes to Medicaid, although families rarely pose it in those terms. The question, or some variation of it, goes as follows: “Will Medicaid put a lien on my home?” What we are talking about is the State of