Law Office of Donald D. Vanarelli Blog

The Center for Medicare and Medicaid Services (“CMS”) states that the Deficit Reduction Act of 2005 (Pub. L. No. 109-171, 120 Stat. 4, 151) (“DRA”) does not permit a person to receive benefits under a Medicaid waiver program (including assisted living facility Medicaid) if there has been a transfer of assets within sixty months of the [...]

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(The following is based upon a real discussion that recently took place on an elder law listserv for attorneys. It illustrates the misinformation that is often inadvertently provided to consumers by government agency personnel concerning the availability of and eligibility criteria for needs-based public benefits.)
Question: I recently contacted the Veterans Administration (VA) about applying for [...]

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Federal law allows nursing homes to evict residents for six reasons: they are healthy enough to return home; they require care not offered at the nursing home; they risk the health of other residents or staff; they endanger the safety of other residents or staff; they do not pay their bills; or the nursing home [...]

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According to a recent article in The Philadelphia Inquirer, the New Jersey Office of the Public Advocate is investigating allegations that a company operating eight assisted living facilities in South Jersey improperly discharged residents when their savings ran out. Public Advocate Ronald K. Chen is scheduled to appear in Court in early June 2008 to [...]

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I recently read two interesting articles and a study on the ever-increasing costs of long-term care, both in the nation and New Jersey. The articles are found in the Houston-Chronicle and the Star-Ledger, while the study, in which researchers examined data from more than 10,000 nursing homes, assisted living facilities and in-home care providers nationwide. [...]

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An administrative law judge has concluded that an individual who is trying to avoid nursing home care by applying for home- or community-based coverage under a Medicaid waiver program, but who has made a transfer during the look-back period, must have the penalty period begin on the date on which the applicant would otherwise be [...]

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