By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Medicaid Attorney

Did you know that nursing homes who accept Medicaid have two different resident payment rates depending on your source of funds?  There is the private pay rate, and then there is the rate nursing homes are paid by Medicaid, which is often a lot less than the private pay rate.  Even though the nursing home is getting two different rates of payment, the Medicaid law requires them to maintain identical policies regarding the transfer and discharge of patients and how services are provided regardless of who is paying the bill.  Furthermore, the law requires that certain Medicaid-eligible individuals cannot be charged more than amounts established by Medicaid.  The definition of who is a Medicaid-eligible individual is broad, including those who are on Medicaid and those who are entitled to services, but receive nothing because the amount of their income exceeds the limits placed from Medicaid.  This includes those who are private paying because they are in the middle of a penalty period.

A nursing home must treat its Medicaid patients the same way it treats residents who private pay and pay a higher rate.

To discuss your NJ Medicaid matter, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at  Please ask us about our video conferencing consultations if you are unable to come to our office.