The Centers for Medicare and Medicaid Services (CMS) has released a letter (CMS Letter SMD-14-001) to States with guidance on how to apply Medicaid’s estate recovery and transfer of asset rules to individuals newly eligible for Medicaid under the Affordable Care Act (ACA). In general, most of the long-term care rules that apply to traditional.. read more →

I. The Facts. Plaintiff, Alma Galletta, who suffers from a variety of medical impairments, is the surviving spouse of a World War II veteran. Over two years ago, plaintiff began receiving pension benefits from the Department of Veterans Affairs (VA). VA pension benefits are payable to a surviving spouse based on the veteran’s non-service-connected death. .. read more →

Video of Oral Argument before the New Jersey Supreme Court in Thomas Saccone v. Board of Trustees of the Police and Firemen’s Retirement System held on February 4, 2014 in Trenton, NJ. Donald D. Vanarelli, Esq., legal counsel for Thomas Saccone, a retired Newark, NJ fireman with a severely disabled adult child who receives Medicaid.. read more →

General Qualifications for Non-Service Connected Pension Plus Aid and Attendance Supplement Veterans, Widowed Spouses, and Dependent or Disabled Children May be Claimants. The eligibility requirements follow: Veterans Must Typically Have Served At Least 90 Days of Active Duty Service, 1 Day of Which Had to Have Been Served During A Period of Wartime (Those Who.. read more →

The annual roundup of the top 10 11 elder law decisions from across the country for 2013 as prepared by staff at the ElderLawAnswers website is reproduced below. Almost all the cases hinged on the interpretation of state or federal Medicaid law.  Those purchasing annuities or transferring property in exchange for a promissory note did.. read more →

For the first time, the Division of Medical Assistance and Health Services (DMAHS), New Jersey’s  Medicaid agency, held that an applicant for nursing home Medicaid was eligible for benefits despite the fact that she made a substantial gift within the look-back period and owned an $80,000 annuity. M.W. v. Division of Medical Assistance and Health.. read more →