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Tag: New Jersey law

14Dec

Medicaid Trap: First Moment Rule

Posted by markelderlawon December 14, 2020July 2, 2021in Medicaid
family eating meal together

Applying for Medicaid assistance to help pay for long-term care can be a daunting task.  There are numerous rules and regulations that often present significant problems for individuals who are attempting to obtain Medicaid.  Many people refer to these as…

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01Dec

Medicaid Telephone Hearings

Posted by markelderlawon December 1, 2020July 6, 2021in Medicaid
elderly man reading information on cell phone

If there is a dispute with the County Board of Social Services concerning Medicaid eligibility, then you have the right to file an appeal of that decision.  The request for an appeal is filed with the Fair Hearing Unit of…

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26Oct

Long-Term Care Insurance Partnership

Posted by markelderlawon October 26, 2020July 6, 2021in Long-Term Care
senior couple picking flowers among trees

If a person obtains a long-term care insurance policy that satisfies federal law, then assets can be protected from Medicaid and the cost of long-term care. Congress passed a law approximately 15 years ago that provides an incentive to acquire…

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15Sep

Federal Court Allows Annuity Strategy to Protect Assets

Posted by markelderlawon September 15, 2020July 2, 2021in Long-Term Care
senior couple walking along street with trees

The United States District Court for the District of New Jersey has issued an important decision concerning the use of annuities for Medicaid planning.  The Honorable William J. Martini rendered this favorable decision in the case of Jane Cushing v.…

Read More Federal Court Allows Annuity Strategy to Protect Assets

06Jul

New Jersey Changes Calculation of Penalty for Gifts

Posted by markelderlawon July 6, 2020July 1, 2022in Medicaid
grandmother with granddaughter eating in kitchen

If a person provides a gift within five years of the Medicaid application, then there is presumption that the gift was provided for the purpose of establishing Medicaid eligibility.  A person has the right to provide “convincing” evidence that the…

Read More New Jersey Changes Calculation of Penalty for Gifts

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