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Tag: Medicaid regulations

03Jan

Custodial Accounts for Minors Should Be Exempt from Medicaid

Posted by markelderlawon January 3, 2023January 3, 2023in Medicaid
Mother and father pulling kids in sleds in the snow

According to the New Jersey Medicaid regulations, an individual is not allowed to own more than $2,000.00 of resources.  A resource includes any bank accounts, checking accounts or other investments that are in the control and accessible to that person. …

Read More Custodial Accounts for Minors Should Be Exempt from Medicaid

16Dec

New Jersey Changes Shelter Standard in Determining Spousal Support

Posted by markelderlawon December 16, 2022in Medicaid
husband and wife sitting on bench in the snow

If a spouse enters into a nursing home facility, then the healthier spouse may be entitled to spousal support.  The spousal support is based in part upon the minimum amount known as the Minimum Monthly Maintenance Needs Allowance.  This is…

Read More New Jersey Changes Shelter Standard in Determining Spousal Support

01Jul

Change in Law Concerning Medicaid Penalty

Posted by markelderlawon July 1, 2022July 1, 2022in Medicaid
grandma holding granddaughter on the shore

When gifts are provided within the Medicaid five year look-back period, the County Board of Social Services will impose a period of ineligibility for assistance.  This is known as the Medicaid penalty period.  The duration of the penalty period is…

Read More Change in Law Concerning Medicaid Penalty

29Oct

Life Estate Is Not Subject to a Medicaid Lien

Posted by markelderlawon October 29, 2021in Estate Planning
senior man hiking in Fall elder care

According to N.J.A.C. 10:49-14.1 (n) (1), the State of New Jersey is not allowed to impose a Medicaid lien against a life estate. According to both federal and state law, the State of New Jersey is required to impose a…

Read More Life Estate Is Not Subject to a Medicaid Lien

17Oct

Problems When Life Estate Is Sold During a Person’s Lifetime

Posted by markelderlawon October 17, 2021in Estate Planning
client selling life estate

What happens if the property is sold during the lifetime of the parent?  Many individuals protect their home from Medicaid and the cost of long-term care by transferring their property to a family member but retaining a life estate interest. …

Read More Problems When Life Estate Is Sold During a Person’s Lifetime

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