MEDICAID PLANNING DESPITE TOUGHENED RULES
Although the Deficit Reduction Act of 2005 tightens Medicaid eligibility in New Jersey, Medicaid continues to be the primary program to avoid impoverishment due …
New Jersey Legislative Enacts a New Law: Residents’ Bill of Rights
Fredrick P. Niemann, Esq., a NJ Medicaid Attorney New Jersey has adopted a new Bill of Rights law for residents of New Jersey’s many …
It’s Dad’s Money. He Can Do What He Wants With It – Right?
Fredrick P. Niemann, Esq., a NJ Medicaid Attorney In February, 2006 Congress passed some significant changes to the Medicaid laws that created some very …
My Spouse Needs Nursing Home Care – What are my Options?
Fredrick P. Niemann, Esq., NJ Medicaid Attorney Mary and Joe own their home and have $150,000 in savings. They have wills leaving everything to …
How a Declining Stock Market Can Cause a Long Term Care Nightmare
As the current economic crisis deepens, it is becoming increasingly clear that we are heading into uncharted waters, in so many respects. Specifically, however, …
Assisted Living Care – I’m Out of Money So Now What?
Dad has been living in an assisted living facility for 3 years at a cost of $4500 per month. He likes it there, is …
Married … Well Not Really – A Long Term Care Quagmire
Jane calls us to relate the same problem that many Americans today are coping with, trying to care for aging parents. She calls …
Assisted Living Facility Residents Can Lose Their Homes if Their Facility Stops Participating in Medicaid
Most people want to avoid nursing home care. Many people believe that assisted living provides them with something better: choice, control, independence, and safety …
Son Responsible For Mom’s Nursing Home Bill
Fredrick P. Niemann, Esq., NJ Asset Protection Attorney Many times the children of elderly clients ask whether they can be held responsible for Mom …
Plan for Long Term Care… Now… or Else
Fredrick Niemann, New Jersey Long Term Care Insurance Attorney “According to some sources, 60% of us will need long term care sometime during our …
The Frail Senior and Obama-Care
Have you been wondering if the proposed Obama-Biden “plan to lower healthcare costs and ensure affordable, accessible, health coverage for all” would provide …
The Home – To Transfer or Not to Transfer – Part 2
As we discussed last week, Joe wants to transfer his home to Jim, who lives there with his wife and children. But let’s change …
A Two Generation Family’s Long Term Care Crisis – Part 2
So, in last week’s blog I presented a common scenario, Mom and Dad both needing long-term care and nothing but a house left in …
The Law Has Changed: Read About This “Medicaid Near Miss”
Fredrick P. Niemann, Esq., NJ Medicaid Attorney Here’s a story I was told by a colleague. Mary was 85 years old and had been cared …
The Home – To Transfer or Not to Transfer – Part 1
Home ownership has long been a large part of the American dream. Through the course of the 20th century, the percentage of Americans …
A Two Generation Family’s Long Term Care Crisis – Part 1
Fredrick P. Niemann, Esq., a Medicaid Attorney Mom and Dad are still living in their home which they own. They both need round the …
The Risk of Going Through Medicaid Application Process Alone
Fredrick P. Niemann, Esq., NJ Medicaid Application Attorney When money is running out and the family is faced with the need to apply for …
Exempt Medicaid Transfers
As a general rule, when assets are transferred to third parties, the transfer results in a period of Medicaid ineligibility. Some transfers, however, are …
ATTENTION SENIORS October 15, 2008
Medicare Enrollment Starts November 15, 2008 If you work with individuals over the age of 65, you may be getting phone calls requesting help …
Have children? Pay them for your care.
How children can be paid for as a caregiver to their parent(s) – Part 1 This is Part 1 of a 4 part series …
What are the Medicaid implications of a second marriage?
Seniors who get remarried are often concerned about what will happen to their assets if their new spouse enters the nursing home in the …
Can a spouse keep the marital home if the other spouse enters a long-term facility?
For more information about Medicaid and Medicare, click here: Many families are concerned that if a spouse enters a long-term care facility, then the …
State May Not Recover From Surviving Spouse’s Estate If Medicaid Recipient Had No Legal Interest at Death
The Supreme Court of Minnesota rules that Medicaid may not recover from the estate of a Medicaid recipient’s surviving spouse if, at the time …
New Medicaid Law Means Adult Children Could Be on Hook for Parents’ Nursing Home Bills
The adult children of elderly parents in many states could be held liable for their parents’ nursing home bills as a result of the …
New Washington State Law Treats Domestic Partners As Married Couples for Purposes of Estate Recovery
On March 12, 2008, Washington State Governor Christine Gregoire signed into law House Bill 3104, extending 170 legal rights and responsibilities to couples in …
Federal Nursing Home Site Now Notes Troubled Facilities
The federal Centers for Medicare & Medicaid Services (CMS) has announced that its Web site comparing nursing homes will now identify facilities that are …
Ohio Appeals Court Determines That Resources in Trust Are Countable
An Ohio appeals court rules that assets held in an irrevocable trust are available to a Medicaid applicant because the trustee has the discretion …
Cost of Long-Term Care Continues to Rise, 2008 Survey Finds
Costs for nursing homes, assisted living facilities and some in-home care services have risen for the fifth consecutive year and might continue to rise …
Protecting Your House After You Move Into a Nursing Home
While you generally do not have to sell your home in order to qualify for Medicaid coverage of nursing home care, it is possible …
Long Term Care Insurance Under the DRA
The general goal of Medicaid under the Deficit Reduction Act of 2005 (DRA) is to restrict the access of middle-class taxpayers to state medical …