http://www.njmedicaidattorney.com/documents/newjerseymedicaidblog.php Type description here... en-us Wed, 25 Aug 2010 09:26:15 -0500 Wed, 25 Aug 2010 09:26:15 -0500 http://blogs.law.harvard.edu/tech/rss By Fredrick P. Niemann, Esq., a Monmouth, Ocean, Middlesex and Mercer County NJ Estate Planning and Administration Attorney Earlier this year, I spoke about concern over the elimination of federal estate tax for this year.&nbsp; While that sounds like a good thing, it’s not really because the law also eliminated the capital gains "step up” in basis.&nbsp; So many estates which never would have been subject to estate tax (or capital gains tax) may now ... <br clear="all"> http://www.njmedicaidattorney.com/documents/newjerseymedicaidblog.php?entry_id=1282746272 Estate Planning http://www.njmedicaidattorney.com/documents/newjerseymedicaidblog.php?entry_id=1282746272 Wed, 25 Aug 2010 09:26:15 -0500 Warning: Your Decision Does Matter Fredrick P. Niemann, Esq., NJ Estate Plan Attorney When creating an estate plan, especially in your will and/or trust, an important decision is who to name as your fiduciary. A fiduciary is a fancy legal term for the person who will take care of your property for you if you are unable to do it yourself, such as the executor of an estate, the trustee of a trust, or an attorney-in-fact under ...<br clear="all"> http://www.njmedicaidattorney.com/documents/newjerseymedicaidblog.php?entry_id=1282315888 Estate Planning http://www.njmedicaidattorney.com/documents/newjerseymedicaidblog.php?entry_id=1282315888 Fri, 20 Aug 2010 09:51:28 -0500 Fredrick P. Niemann, Esq., NJ Veterans Attorney Nursing home coverage for veterans is available from two sources within the Department of Veterans Affairs — the veteran’s health care system and the state veteran’s homes system. Nursing Home Coverage Through the VA Health Care System Nursing home coverage along with other long term care services such as home care and assisted living as well as geriatric care management are available through the Veterans Health Administration for qualifying veterans. In order ...<br clear="all"> http://www.njmedicaidattorney.com/documents/newjerseymedicaidblog.php?entry_id=1282315655 Estate Planning http://www.njmedicaidattorney.com/documents/newjerseymedicaidblog.php?entry_id=1282315655 Fri, 20 Aug 2010 09:47:35 -0500 For more information about Medicaid and Medicare, click here : Seniors who get remarried are often concerned about what will happen to their assets if their new spouse enters the nursing home in the future. They are concerned that their hard-earned assets they saved could be lost. They also want to make sure that when they die their assets will go to their children. Although the prenuptial agreement will protect the senior’s assets from claims of his ... <br clear="all"> http://www.njmedicaidattorney.com/documents/newjerseymedicaidblog.php?entry_id=1263570119 Medicaid http://www.njmedicaidattorney.com/documents/newjerseymedicaidblog.php?entry_id=1263570119 Fri, 15 Jan 2010 09:42:38 -0600 The federal Centers for Medicare &amp; Medicaid Services (CMS) has announced that its Web site comparing nursing homes will now identify facilities that are on its list of those that have a history of poor performance. From now on, the agency’s Nursing Home Compare site will point out nursing homes that it calls Special Focus Facilities — those that have repeated violations of state and federal health and safety rules and that rank in the ... <br clear="all"> http://www.njmedicaidattorney.com/documents/newjerseymedicaidblog.php?entry_id=1263569824 Medicaid http://www.njmedicaidattorney.com/documents/newjerseymedicaidblog.php?entry_id=1263569824 Fri, 15 Jan 2010 09:37:53 -0600 Fredrick P. Niemann, Esq., a NJ Medicaid Eligibility Attorney &nbsp; Recently, we posted an article about a Dad who gifted a large sum to his children and within 6 months needed long term care.&nbsp; Because the money had been spent and could not be returned I had to explain to the daughter that Dad would not be eligible for Medicaid for 4 and ½ years.&nbsp; A complete disaster.&nbsp; But this week let’s take a look ... <br clear="all"> http://www.njmedicaidattorney.com/documents/newjerseymedicaidblog.php?entry_id=1253889230 Medicaid http://www.njmedicaidattorney.com/documents/newjerseymedicaidblog.php?entry_id=1253889230 Fri, 25 Sep 2009 09:35:07 -0500 Every so often, I come across a situation that illustrates so clearly the dangers of going it alone or getting bad advice when dealing with the common issues and dilemmas that seniors and their families so frequently face.&nbsp; I received a call last week from a son living out of state.&nbsp; Mom and Dad, living in New Jersey, were no longer able to live alone.&nbsp; They transferred their home to their son, and moved in ... <br clear="all"> http://www.njmedicaidattorney.com/documents/newjerseymedicaidblog.php?entry_id=1253888937 Medicaid http://www.njmedicaidattorney.com/documents/newjerseymedicaidblog.php?entry_id=1253888937 Fri, 25 Sep 2009 09:30:19 -0500 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 unless more long-term care workers can be found, according to a new survey by Genworth Financial . A private room in a nursing home now costs $76,460 a year or $209 daily, a 17 percent increase since 2004, Genworth’s 2008 Cost of Care survey found. A semiprivate room in a nursing ... <br clear="all"> http://www.njmedicaidattorney.com/documents/newjerseymedicaidblog.php?entry_id=1248793147 Medicaid http://www.njmedicaidattorney.com/documents/newjerseymedicaidblog.php?entry_id=1248793147 Tue, 28 Jul 2009 10:01:05 -0500 While you generally do not have to sell your home in order to qualify for Medicaid coverage of nursing home care, it is possible the state can file a claim against your house after you die. If you get help from Medicaid to pay for the nursing home, the state must attempt to recoup from your estate whatever benefits it paid for your care. This is called “estate recovery,” and given the rules for Medicaid ... <br clear="all"> http://www.njmedicaidattorney.com/documents/newjerseymedicaidblog.php?entry_id=1245085200 Medicaid http://www.njmedicaidattorney.com/documents/newjerseymedicaidblog.php?entry_id=1245085200 Wed, 24 Jun 2009 11:35:37 -0500 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 assistance benefits. One aspect of the law, however, is being touted by the Centers for Medicare and Medicaid Services (CMS) and state medical assistance officials as a measure that will expand the pool of moderate-income individuals who will be eligible for Medicaid. The Long-term Care Insurance Partnership (LTCIP) provisions of the ... <br clear="all"> http://www.njmedicaidattorney.com/documents/newjerseymedicaidblog.php?entry_id=1243447200 Medicaid http://www.njmedicaidattorney.com/documents/newjerseymedicaidblog.php?entry_id=1243447200 Wed, 24 Jun 2009 11:35:08 -0500 Many families are concerned that if a spouse enters a long-term care facility, then the marital home will be eventually lost. Medicaid has no intention of evicting the at-home spouse (also known as the “community spouse”). Nor does Medicaid require the at-home spouse to sell the home and apply the proceeds toward long-term care costs. However, Medicaid can, under the veil of estate recovery, place a “lien” of claim on the subject premises. When the ... <br clear="all"> http://www.njmedicaidattorney.com/documents/newjerseymedicaidblog.php?entry_id=1241624124 Medicaid http://www.njmedicaidattorney.com/documents/newjerseymedicaidblog.php?entry_id=1241624124 Wed, 24 Jun 2009 11:33:11 -0500 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 of her death, the recipient did not possess a legal interest in the property being claimed. However, the court also finds that federal Medicaid law does not totally preclude recovery from the estate of a surviving spouse of a Medicaid recipient. Dolores and Francis Barg had been married for 53 years ... <br clear="all"> http://www.njmedicaidattorney.com/documents/newjerseymedicaidblog.php?entry_id=1241623452 Medicaid http://www.njmedicaidattorney.com/documents/newjerseymedicaidblog.php?entry_id=1241623452 Wed, 24 Jun 2009 11:32:37 -0500 On March 12, 2008, Washington State Governor Christine Gregoire signed into law House Bill 3104, extending 170 legal rights and responsibilities to couples in domestic partnerships (same- or opposite-sex relationships). Among the new responsibilities is that the state will treat surviving members of the couple the same as surviving spouses of married couples for purposes of estate recovery by Medicaid. &nbsp; The new law, which takes effect June 12, 2008, prohibits recovery by Medicaid if ... <br clear="all"> http://www.njmedicaidattorney.com/documents/newjerseymedicaidblog.php?entry_id=1237999263 Medicaid http://www.njmedicaidattorney.com/documents/newjerseymedicaidblog.php?entry_id=1237999263 Wed, 24 Jun 2009 11:32:12 -0500 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 Medicaid long-term care provisions scheduled to be voted on by the House of Representatives February 1. The children could even be subject to criminal penalties. &nbsp; The 750-page Deficit Reduction Act of 2005 includes punitive new restrictions on the ability of the elderly to transfer assets before qualifying for Medicaid ... <br clear="all"> http://www.njmedicaidattorney.com/documents/newjerseymedicaidblog.php?entry_id=1237999047 Medicaid http://www.njmedicaidattorney.com/documents/newjerseymedicaidblog.php?entry_id=1237999047 Wed, 24 Jun 2009 11:31:55 -0500 If you work with individuals over the age of 65, you may be getting phone calls requesting help with Medicare questions. It’s that time, once again, to make changes to Medicare options. According to CMS, which is the government entity that oversees Medicare, the six weeks from November 15, 2008 through December 31, 2008 is a hectic time of the year otherwise known as the Annual Election Period (AEP.) Once a year, Medicare allows ... <br clear="all"> http://www.njmedicaidattorney.com/documents/newjerseymedicaidblog.php?entry_id=1234490002 Medicaid http://www.njmedicaidattorney.com/documents/newjerseymedicaidblog.php?entry_id=1234490002 Wed, 24 Jun 2009 11:30:53 -0500