New Jersey Medicaid – More Grey than Black and White
As an elder law attorney, when clients come to us for guidance on long term care and government benefit programs such as Medicaid, I often must first explain how much uncertainty there is. That is a difficult concept for many because we have been taught to believe that the law
How many New Jersey Medicaid program are there?
As New Jersey elder law attorneys, we regularly work with the Medicaid programs that provide long term care benefits. We categorize them as institutional Medicaid and community waiver Medicaid. Institutional Medicaid covers long term care in a nursing home. New Jersey is an “income cap state with a medically needy
New Jersey Medicaid – The Basics
As New Jersey elder law attorneys, a large percentage of the inquiries we receive from families with a loved one dealing with Alzheimer's, dementia or other incurable long term illnesses in the Northern New Jersey area, concern the various Medicaid programs that cover long term care. Contrary to popular belief, Medicaid
Is it Spent Down or Isn’t It?
If I owe someone money but it’s still in my account do I really still own it? Would the answer be different if that “someone” is the IRS? June called me concerning her dad. “He’s in a nursing home and has spent down his assets,” she said. “I applied for Medicaid
Disabled Child of Not? Timing is Everything (Part 2)
Last week I was telling you about Rick. His Dad transferred his home to Rick, who currently is disabled but was not at the time of the transfer. I explained to Rick that the transfer, contrary to what he believed, is subject to a Medicaid transfer penalty of 51.5 months
Disabled Child or Not? Timing is Everything
The last 2 weeks we were discussing the transfer of a home to a child who has been living with the parent in that home. But, what about transferring the home to a disabled child? Isn’t that an exception to the Medicaid transfer rules? The answer is yes, but like all
Can’t I Transfer My Home to My Child Who is Living With Me and Still Get Medicaid? (Part 2)
Last week we were discussing Susan’s mistake of confusing Medicaid’s exempt asset rules vs. the transfer of assets rules. Mom transferred her home to Susan 4 years ago and now needs Medicaid. If she applies now there will be a Medicaid penalty, a period of ineligibility. There are, however, exceptions
Can’t I Transfer My Home to My Child Who is Living with Me and Still Qualify for Medicaid? (Part 1)
This is a case of a little bit of information being a dangerous thing. Mom transferred her home to Susan 4 years ago. Mother and daughter had been living in the home for years. “Since I am living in the home isn’t it an exempt asset,” Susan asked. “Yes, it
What is the CSRA and How is it Calculated? (Part 2)
Last week we were discussing the Community Spouse Resource Allowance (CSRA) and how to calculate it. I also explained that a mistake in determining that number can be quite costly. Here’s how. Using my example from last week, let’s say husband, Joe is in the nursing home and wife, Mary has
What is the CSRA and How is it Calculated? (Part 1)
CSRA stands for community spouse resource allowance, that amount of money that a healthy spouse can keep and still qualify the ill spouse for Medicaid. Sounds simple but if misunderstood and misapplied, it can cost the healthy spouse tens of thousands of dollars in lost assets and additional nursing home