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Medicaid Eligibility and Asset Protection Planning

Call Us Today Toll Free: 855-376-5291

Medicaid Eligibility and Asset Protection Planning

Call Us Today Toll Free: 855-376-5291

How to Get into a Nursing Home When Medicaid is Needed ASAP

HNW August 4, 2024Applying for Medicaid Long Term Care Benefits

Getting into a nursing home as a Medicaid recipient is not always easy. With the median cost of a nursing home room being more …

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Applying for Medicaid Long Term Care BenefitsMedicaid Eligibility and Asset Protection Planning

NJ Announces 2024-2025 Increases in Allowances and Exemptions to Community Spouses, Dependents and Home Exemption Figures

HNW June 23, 2024Applying for Medicaid Long Term Care Benefits, Medicaid Eligibility and Asset Protection Planning

Every year NJ announces changes to its regulations which govern the amount of money a community spouse (a community spouse is the spouse who …

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Applying for Medicaid Long Term Care BenefitsMedicaid Eligibility and Asset Protection Planning

You Really Really Need to Consider Long Term Care Insurance

HNW June 18, 2024Elder Care Law, Medicaid Eligibility and Asset Protection Planning

I see it every day at the office. A diagnosis of a degenerative condition is received by a family member. Panic sets in. How …

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elder lawMedicaid Eligibility and Asset Protection Planning

How is a Resource Valued to Determine Medicaid Eligibility?

HNW June 15, 2024Applying for Medicaid Long Term Care Benefits

In this State, in order to qualify for Medicaid benefits, an applicant’s resources cannot exceed $2000. N.J.A.C. 10:71-4.5(c). Resources are defined as: any real …

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Medicaid Eligibility and Asset Protection Planning

Protect Your 401k or IRA from NJ Medicaid

HNW May 26, 2024Medicaid Eligibility and Asset Protection Planning

Under the federal regulations for Social Security Income (SSI) eligibility, the 401k’s of a spouse living with the applicant are specifically excluded resources.  See …

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Medicaid Eligibility and Asset Protection Planning

Is a Line of Credit Income Under NJ Medicaid Eligibility Standards?

HNW December 13, 2023Medicaid Eligibility and Asset Protection Planning

A line of credit is not income for the purpose of Medicaid eligibility. Borrowed funds are specifically excluded from income for the purpose of …

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Medicaid Eligibility and Asset Protection Planning

Medicaid Balanced Billing: A Medicaid Approved Provider Cannot Demand More Money Than Medicaid Pays

HNW August 11, 2023Medicaid Eligibility and Asset Protection Planning

Balance billing by Medicaid providers is clearly prohibited by both state and federal law. Under 42 U.S.C. § 1396u-2: Each Medicaid managed care organization …

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Medicaid Eligibility and Asset Protection Planning

Use of Self-Attestation

HNW June 21, 2023Medicaid Eligibility and Asset Protection Planning

States may accept self-attestation of non-financial eligibility criteria for Medicaid, except as required by law or regulation (citizenship and immigration status, Asset Verification System). …

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Medicaid Eligibility and Asset Protection Planning

Processing New Applications

HNW June 19, 2023Medicaid Eligibility and Asset Protection Planning

For Medicaid, CHIP, and BHP, states must accept applications from the applicant, an adult in the applicant’s household, an authorized representative, or if the …

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Medicaid Eligibility and Asset Protection Planning

Changes in Circumstances

HNW June 16, 2023Medicaid Eligibility and Asset Protection Planning

States must have procedures in place designed to ensure that beneficiaries in Medicaid, CHIP, and a BHP can timely and accurately report changes in …

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Medicaid Eligibility and Asset Protection Planning

Reconsideration Period

HNW June 14, 2023Medicaid Eligibility and Asset Protection Planning

For MAGI Medicaid and CHIP beneficiaries whose eligibility has been terminated at renewal, the agency must reconsider the individual’s eligibility without requiring the individual …

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Medicaid Eligibility and Asset Protection Planning

Considering Eligibility on Other Bases and Eligibility for Other Insurance Affordability Programs

HNW June 12, 2023Medicaid Eligibility and Asset Protection Planning

If a Medicaid beneficiary is no longer eligible for the category in which the beneficiary is enrolled, the Medicaid agency must consider whether the …

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Medicaid Eligibility and Asset Protection Planning

Renewal Form Requirements

HNW June 9, 2023Medicaid Eligibility and Asset Protection Planning

If an ex parte renewal cannot be completed, the agency must provide beneficiaries with a renewal form and request information from the beneficiary. The …

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Medicaid Eligibility and Asset Protection Planning

Understanding the Ex-Parte Renewal Process for Continued Medicaid Eligibility When the COVID-19 Public Health Emergency Ends

HNW June 8, 2023Medicaid Eligibility and Asset Protection Planning

In my previous blog I discussed how NJ will conduct renewals for continuing Medicaid eligibility. In this blog I will go over understanding the …

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Medicaid Eligibility and Asset Protection Planning

How Will NJ Conduct Renewals for Continuing Medicaid Eligibility

HNW June 5, 2023Medicaid Eligibility and Asset Protection Planning

In my previous blog I discussed what to do when NJ seeks to terminate your Medicaid long-term care benefits when the COVID-19 emergency ends. …

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Medicaid Eligibility and Asset Protection Planning

What to Do When NJ Seeks to Terminate Your Medicaid Long-Term Care Benefits When the COVID Emergency Ends

HNW June 2, 2023Medicaid Eligibility and Asset Protection Planning

Under the FFCRA, New Jersey must maintain continuous enrollment of Medicaid beneficiaries through the last day of the month in which the PHE ends, …

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Medicaid Eligibility and Asset Protection Planning

Court Ordered Alimony: Can Medicaid Deny Court-Ordered Alimony Payments to a Community Spouse?

HNW December 2, 2022Medicaid Eligibility and Asset Protection Planning

NJ Medicaid and Court Ordered Alimony Video  I was recently asked if I knew of any statutory or other persuasive authority supporting the …

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Medicaid Eligibility and Asset Protection Planning

Is Your NJ Business Exempt From Mandatory Spenddown to Qualify for Medicaid?

HNW October 17, 2022Applying for Medicaid Long Term Care Benefits, Elder Law, Medicaid Eligibility and Asset Protection Planning

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 …

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Applying for Medicaid Long Term Care BenefitsMedicaid Eligibility and Asset Protection Planning

The After Thought of Transferring Assets – A Real Life Example of Good Intentions Going Wrong

HNW October 7, 2022Elder Law, Medicaid Eligibility and Asset Protection Planning

When I talk to some people about long-term care and Medicaid, I sometimes hear strong opinions that “it is wrong to transfer assets in …

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Medicaid Eligibility and Asset Protection Planning

You Cannot Avoid a Medicaid Estate Recovery Lien by Creation of an Elective Share Trust

HNW August 1, 2022Estate Administration and Probate, Medicaid Eligibility and Asset Protection Planning

The estate argued that the assets held in a trust created by a spouse are not subject to recovery by NJ because these assets …

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Estate Administration and ProbateMedicaid Eligibility and Asset Protection Planning

NJ Must Abide by its Federally Approved State Medicaid Plan and Make Available Assisted Living and Home-Based Community Assistance Services to Eligible Medicaid Applicants

HNW June 20, 2022Medicaid Eligibility and Asset Protection Planning

Under federal law, NJ is allowed to offer expanded Medicaid programs to individuals whose income exceeds the Medicaid income cap. Since NJ proposed to …

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Medicaid Eligibility and Asset Protection Planning

Understanding Eligibility for an Assisted Living Residence Under NJ Medicaid – Part of 2

HNW January 14, 2022Medicaid Eligibility and Asset Protection Planning

Each applicant for Assisted Living Medicaid has two components, one part is clinical eligibility, the second part is financial eligibility. One way to become …

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Medicaid Eligibility and Asset Protection Planning

Understanding Eligibility for an Assisted Living Residence Under New Jersey Medicaid – Part 1 of 2

HNW January 11, 2022Medicaid Eligibility and Asset Protection Planning

To understand Assisted Living Medicaid, you have to understand New Jersey Medicaid first. The history is important. New Jersey provides Medicaid long term care …

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Medicaid Eligibility and Asset Protection Planning

Medicare Scams

HNW August 12, 2021Elder Care Law, Medicaid Eligibility and Asset Protection Planning

There is a new Medicare telephone scam.  Scammers are calling, and identifying themselves as from Medicare. Then, they are asking for Medicare numbers and …

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Medicaid Eligibility and Asset Protection Planning

Income Derived from Personal Businesses Must Be Counted for Eligibility for Benefits

HNW July 9, 2021Business Law, Medicaid Eligibility and Asset Protection Planning

When applying for welfare through a county’s Board of Social Services, whether it’s Medicaid or SNAP benefits, you are required to provide to the …

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Medicaid Eligibility and Asset Protection Planning

Federal Government Reinstates Restrictions on Nursing Homes to Discharge Residents and Relocate Them Within Facility Under Covid

HNW April 15, 2021Medicaid Eligibility and Asset Protection Planning

When the COVID-19 emergency began, the Centers for Medicare and Medicaid, the federal agency which controls the administration of long term care facilities, issued …

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Medicaid Eligibility and Asset Protection Planning

New Jersey Family Care: Federal Government Agency and New Jersey Agency Together Extend Time for Families to File Appeals

HNW March 29, 2021Medicaid Eligibility and Asset Protection Planning

For many New Jersey families, COVID-19 has made it impossible for them to keep their health insurance.  That means more people and families than …

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Medicaid Eligibility and Asset Protection Planning

If You’re Going to Loan Money to a Parent, Do a Promissory Note and Keep Good Records

HNW March 8, 2021Elder Care Law, Medicaid Eligibility and Asset Protection Planning

Older persons often have their liquid assets tied up in real estate, mutual funds and annuities.  They cannot gain access to these funds quickly …

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Medicaid Eligibility and Asset Protection Planning

Understanding Medicaid Eligibility for Assisted Living Admission

HNW January 14, 2021Medicaid Eligibility and Asset Protection Planning

To understand Assisted Living Medicaid, you must understand New Jersey’s Medicaid laws. You also need to understand the Medicaid history concerning assisted living admission …

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Medicaid Eligibility and Asset Protection Planning

Is an Income Producing Property Exempt from Spenddown Under NJ Medicaid?

HNW October 5, 2020Medicaid Eligibility and Asset Protection Planning

I was recently asked to evaluate whether income producing real estate is exempt from spend-down under NJ Medicaid. Federal law sets forth a mechanism …

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Medicaid Eligibility and Asset Protection Planning
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Phone (Toll Free): (855) 376-5291
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  • Home
  • The Firm
    • About Hanlon Niemann & Wright and Our Attorneys
    • About Our Attorneys
    • Video Library
    • Location for Hanlon & Niemann & Wright, P.C.
  • Practice Areas
    • Business & Corporate Law
    • Business, Partnership & Corporate Litigation, Including Arbitration
    • Elder Law, Disability and Guardianship Rights
    • Medicaid Eligibility and Protecting Assets from a Nursing Home
    • Estate Planning, Wills & Trusts
    • Estate Administration and Probate
    • Probate Estate Litigation and Will Contests
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    • Appellate Law
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  • Blog Entries
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  • Speaking Events