New Jersey Adopts Domestic Worker’s Bill of Rights Effective July 1, 2024
The New Jersey Domestic Worker’s Bill of Rights Act (S-723/A-822) establishes a broad range of rights and employment protections for domestic workers. The impact …
How to Get into a Nursing Home When Medicaid is Needed ASAP
Getting into a nursing home as a Medicaid recipient is not always easy. With the median cost of a nursing home room being more …
NJ Announces 2024-2025 Increases in Allowances and Exemptions to Community Spouses, Dependents and Home Exemption Figures
Every year NJ announces changes to its regulations which govern the amount of money a community spouse (a community spouse is the spouse who …
I Refuse to Give Up My Savings to Pay My Husband’s Nursing Home Bill
Understanding What Spousal Refusal Means Under Medicaid Law Spousal refusal is recognized under federal law. See 42 S.C. § 1396r-5(c)(3). It applies specifically in …
Are Evictions from Assisted Living Facilities and Nursing Homes Now Permitted in NJ?
New Jersey’s Governor signed a new law on evictions during the COVID-19 emergency. For many of our clients whose family members live in long …
Can You Receive Any Services and Benefits from Medicaid During a Penalty Period
Gifts made within 5 years of applying for Medicaid will result in a penalty to the applicant equal to the value of the gift(s) …
How Does Medicaid Treat the Alimony Obligation of a Former Spouse?
A client’s father has been paying permanent alimony for about 20 years and is now remarried. Both he and his current wife are receiving …
A Medicaid Application Can Be Like a Tax Audit
When describing the Medicaid application process, I often reference it to a tax audit. It is an intrusive government review of an applicant’s finances …
We were able to achieve all our goals
I used the services of Hanlon Niemann & Wright to help me with asset planning and a Medicaid application after my Dad had a …
Dealing with Unexplained Deposits When Applying for Medicaid
Many Medicaid applications involve issues surrounding bank deposits. As part of the Medicaid application process, the State demands documentation of withdrawals from an applicant’s …
A Gift to Minor’s Account (UGTA) Is Exempt From New Jersey Medicaid After 5 Years
I’ve commented about the case of a resident denied Medicaid because in her Medicaid application she listed a Minor’s Account as a resource. In …
How to File a Medicaid Application in New Jersey
The process of properly completing a Medicaid application and providing all necessary information and documentation to your county Medicaid agency is extremely labor …
New Jersey Laws on Estate Recovery Against a Deceased Medicaid Nursing Home Resident Leaving Behind a Disabled Child
New Jersey is allowed to file a lien against the assets of a deceased Medicaid beneficiary. Generally, the only available asset is the person’s …
If You Apply for Adult Medicaid, the County Board of Social Services Must Inform You of Its Application Requirements
New Jersey’s Medicaid guidebook requires that an agency representative must provide an applicant or his/her representative with a “checklist” highlighting the verification(s) and supporting …
Is Your NJ Business Exempt From Mandatory Spenddown to Qualify for Medicaid?
When the State considers an applicant’s eligibility for Medicaid, it meticulously examines the applicant’s finances to ensure that all resources are valued below the …
What if Your Financial Records Are Vague and Incomplete and Your Medicaid Application is Denied?
Often applicants are denied NJ Medicaid or if approved, assessed with a significant penalty period because there is not a clear paper trail of …
New Jersey Law Addressing Mandatory Arbitration Clauses in Nursing Home and Assisted Living Admission Agreements
Virtually all admission agreements to a nursing home or assisted living facility mandate that any and all disputes with patients and family members be …
What Does the Term “Period of Ineligibility” Mean Under NJ Medicaid Law?
In order to discourage people from disposing of valuable assets and real estate in order to become eligible for Medicaid nursing home services, NJ …
Understanding the Medicaid 5 Year Look-Back Period
An applicant’s Medicaid application was denied because of bank deposits made 58 months prior to filing. I recently read a post where a Medicaid …
Using a Single Premium Immediate Annuity in Medicaid Planning (SPIA)
In order to be eligible for Medicaid long-term care, there are eligibility requirements that must be met. This includes financial (income and assets) eligibility. …
Understanding Penalties Under NJ Medicaid Law
If you make a gift within 5 years of applying for Medicaid, you will be penalized. A penalty is a mathematical calculation. The amount …
Do Not Believe the Legal Advice Given to You by a Nursing Home
Have your own attorney who represents you and NOT the nursing home do the Medicaid application. Nursing home residents are entitled to hire their …
Planning for The Resumption of Normal State Medicaid – Part 3 of a 3 Part Blog
Post-COVID Eligibility and Enrollment Plans The CMS is requiring that each state, including NJ, develop a “post-COVID eligibility and enrollment plan” to explain how …
Planning for The Resumption of Normal State Medicaid – Part 2 of a 3 Part Blog
Processing Applications & Verifications The outbreak of the COVID-19 pandemic led the Secretary of the Health and Human Services (HHS) to declare a …
Understanding the First Steps in Filing a Medicaid Application for Home-Based Services
A client came to me contemplating applying for Medicaid for services at home. There were two issues needing attention. The first issue was financial. …
Refusal of Vaccinations While Living at Long-Term Care Facility
We received an inquiry from someone whose mother resides at an assisted living facility. The facility told residents it will be giving out flu …
Obtaining a Medicaid PAS for an Out of State Medicaid Applicant
Our office recently did some research on a potential new matter involving an out of state resident looking to relocate to New Jersey to …
If You Qualify for SSI, You Also Qualify for NJ FamilyCare
Once you qualify for Supplemental Security Income (SSI), you are then eligible for NJ FamilyCare Medicaid. However, there are some rules to keep in …
What is NJ FamilyCare for Persons Over Age 65?
NJ FamilyCare programs cover individuals who are age 65 years or older as well as individuals determined by the Social Security Administration or by …
My Father’s Spouse Will Not Help Him Get Medicaid
New Jersey and Federal Law requires that spouses of Medicaid applicants provide five (5) years of information to obtain Medicaid eligibility. Not all spouses …
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