More on New Jersey’s Transfer of Home to Caregiver Child Exception
The child caregiver exception to Medicaid transfer rules is one that many people focus on in an effort to protect the home and transfer it from parent to child. It is also one that New Jersey Medicaid scrutinizes very closely. New Jersey has rejected this exception where the child had
What Transfers Does New Jersey Consider to Be Exempt from Medicaid Transfer Penalty Rules? (Part 1)
Not all transfers are subject to a transfer penalty. The home in many ways gets special status, including when it comes to transfer rules. The following transfer of the applicant’s home is exempt if made to: 1. The Medicaid applicant’s spouse 2. A child of the Medicaid applicant under age 21 or
Will New Jersey Medicaid Reduce a Penalty if Assets are Returned?
So, a penalty has been imposed by Medicaid. Now what do you do? Can you return the assets? How about returning some but not all of the assets? On May 26, 2010, New Jersey issued a Medicaid Communication providing that in order to reduce the penalty period, all transfers for
What is a Medicaid “But For” Letter?
We talked last week about New Jersey’s Medicaid transfer penalty, but what exactly is a “but for” letter? As I explained , the Medicaid penalty doesn’t start when the transfer of assets is made, but only after the other requirements are met, meaning the application is filed and all the
When does New Jersey’s Medicaid Penalty Start?
New Jersey Medicaid determines that the Medicaid penalty begins when the applicant is below $2000 (or $4000 for some Medicaid programs), is in need of nursing home level care and applies for Medicaid, that is to say, the applicant is otherwise eligible for Medicaid “but for” the transfer of assets. For
Does New Jersey Medicaid Permit a Family Member to be Paid to Provide Care?
We tell our elder law clients that family members are allowed to receive payment for their duties as caregivers. Family members who wish to be paid as caregivers should be conservative when determining a fee. Fees should be less than or equal to the current fair market value of an
Can Paying for Home Health Aides Cause a Medicaid Penalty (Part 2)
There are two components to properly paying a home health aide hired without the assistance of an agency: 1. Enter into a Caregiver Agreement with the aide – this agreement lays out the duties of the aide and the rate. In short, it provides New Jersey Medicaid with a record that
Can Paying for Home Health Aides Cause a Medicaid Penalty? (Part 1)
Paying private home aides “under the table” in the years immediately preceding a Medicaid application is a common trap for the unwary. Without proper documentation, New Jersey will inquire about the weekly ATM withdrawals, checks written to “cash”, or checks written to a person unknown to the case worker. The
Does New Jersey’s Medicaid Penalty Apply Only to Gifts?
When I define the Medicaid penalty for our elder law clients, they usually think only in terms of gifts. However, the penalty is triggered by much more than simply gifts. It is a transfer for less than fair value that causes a penalty. Fair value is not measured subjectively, but
How is New Jersey’s Medicaid Penalty Calculated?
In New Jersey, Medicaid calculates the transfer penalty as follows: The total amount transferred for less than fair value in the five years immediately preceding the application divided by the average monthly cost of nursing home care in New Jersey. The quotient is the number of months the Medicaid applicant