On January 23, 2015, the Department of Veterans Affairs (VA) issued proposed regulations related to the administration of its needs-based pension program. The proposed new rules impose many new detrimental restrictions on wartime Veterans and their families. The proposed new rules include the following changes:    VA Proposal: A three-year look-back on gifts and other.. read more →

Here are checks from the State of New Jersey issued to plaintiffs’ counsel as a result of the award of attorneys fees granted by the federal court in the Galletta v. Velez class action lawsuit:: As I reported in an earlier blog post, earlier this month a Consent Order was filed in federal district court in New.. read more →

Under federal and state regulations, the State of California must make an eligibility determination within 45 days after a Medicaid application is filed. Unfortunately, California often fails to meet the 45 day deadline. However, a recent ruling by a state court ends the processing delay by compelling California to meet the timeline established by Medicaid.. read more →

In February 2015, a Consent Order was filed in New Jersey federal district court, concluding a hard-fought class action lawsuit. In the Order, the State of New Jersey agreed to amend its Medicaid program on a State-Wide basis to exclude pension benefits paid by the Department of Veterans Affairs (VA) when determining an applicant’s eligibility for.. read more →

A New York trial court ruled that residents of a continuing care retirement community (CCRC) breached their contract when they applied for Medicaid before spending down their assets.  Good Shepherd Villages v. Yezzi (NY Slip Op 51900 – NY: Supreme Court, Broome 2014).  Peter and Hazel Yezzi signed a contract with Good Shepard Village (the “Good.. read more →

On February 3, 2015, U.S. Representatives Glenn ‘GT’ Thompson (PA-05) and Frank Pallone, Jr. (NJ-06) in the House, along with Sens. Chuck Grassley (R-IA) and Bill Nelson (D-FL) in the Senate introduced the Special Needs Trust Fairness Act of 2015 (H.R.670/S.349). This legislation would enable a disabled individual’s assets to be held in a trust and.. read more →