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New Jersey Medicaid Information
TESTIMONIAL
I’m a World War II Veteran and reside in an assisted living residence in Monmouth County, New Jersey. I hired Mr. Niemann, an attorney recommended to me by my family attorney as a lawyer experienced in elder law and veteran benefits. I hired his firm for asset protection planning, Medicaid for my wife and the filing of an application for Veterans Aid and Attendance benefits. The staff and professionals at Scarinci & Hollenbeck (formerly Hanlon Niemann) were all very capable, responsive and caring. I feel like they are family to me.
My legal affairs were capably and diligently processed and I was able to obtain the benefits my wife and I desperately needed.
I am grateful to Mr. Niemann and will recommend his office to all of my veteran friends.
Robert Augliera
Howell, New Jersey
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MAY 2009
Wednesday, May 27, 2009
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 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 DRA, to the extent implemented in individual states, will allow individuals who have purchased qualified long-term care insurance policies and thereafter exhaust their benefits paying for long-term care to shelter assets of significant value and still become eligible for Medicaid. Section 6021 of the DRA, codified at 42 U.S.C.A. § 1396p(b)(1) and (5), provides that states may amend their Medicaid plans to allow an individual who purchases qualifying long-term care insurance policies to keep more ... >> full
Wednesday, May 6, 2009
CAN A SPOUSE KEEP THE MARITAL HOME IF THE OTHER SPOUSE ENTERS A LONG-TERM FACILITY?
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 community spouse passes away or sells the house, then Medicaid can demand to be reimbursed for all monies expended on behalf of the ailing spouse.
Wednesday, May 6, 2009
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 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 when Mrs. Barg entered a nursing home in 2001. Once she entered the home and began receiving Medicaid benefits, Mrs. Barg’s guardian transferred her joint tenancy interest in the couple’s home to Mr. Barg, individually. Mrs. Barg died in January 2004 without leaving a probate estate and Mr. Barg passed away five months later. The county Medicaid agency then filed a claim against Mr. Barg’s estate for the cost of Medicaid services paid on Mrs. ... >> full
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