Applying for Medicaid can seem like a daunting task; however, we are here to educate you on the Look-Back Period and provide information on how to mitigate violations of this period so you can submit your application worry free.  When applying for Medicaid there is an asset (resource) limit that people must adhere to, to be eligible for Medicaid. The Medicaid Look-Back Period is enforced to prevent Medicaid applicants from selling and gifting assets to meet the asset limits.  What is the Look-Back Period? The Look Back Period is 60 months or 5 years where all financial transactions a ..read more

What is Medicaid Estate Recovery? Under federal and New Jersey law, the Division of Medical Assistance and Health Services (DMAHS) is required to recover funds from the estates of some deceased Medicaid beneficiaries.  For individuals aged 55 or older, states are required to seek recovery of payments from the individual’s estate for nursing facility services, home and community-based services, and related hospital and prescription drug services. DMHAS usually seeks Medicaid Estate recovery immediately upon death if the deceased has no surviving spouse, no surviving child under the age of ..read more

What is a Medicaid Penalty? A penalty period is defined as a period of time that a person will be ineligible for Medicaid benefits that results from violating Medicaid’s Look-Back Rule.  What is the Look-Back Period? The Look-Back Period is 60 months or 5 years where all financial transactions are subject to review during a Medicaid application. The Look-Back Period begins the date of one’s Medicaid application. For instance, if someone files their application on January 1. 2024, their Look-Back Period extends to December 31, 2018.  The penalty period is calculated by taking the valu ..read more

When thinking about what might be the best services that are available to your loved ones through Medicaid, you might be overwhelmed with the options presented to you. However, we are here to help you break these options down and better assist you in discovering what options might be best to properly care for your loved ones.  At Home  When my family was looking for home care options for my grandmother, we were searching for options that allowed her to receive care while nurturing her need for independence. Home Medicaid care allows people to strike this balance between caring for th ..read more

Filing a Medicaid application in New Jersey can be a complex and sometimes challenging process. While you may have taken great care to ensure your application is accurate and complete, there may be instances where your Medicaid eligibility is disputed or denied. In such cases, it’s essential to understand your rights and how to proceed. This blog will guide you through the process of filing a fair hearing for a Medicaid application in New Jersey, shedding light on what you need to know to protect your interests and access the healthcare benefits you deserve. A Medicaid fair hearing is a formal ..read more

Families in New Jersey who have a loved one with special needs often face unique and complex challenges. Balancing the immediate and long-term needs of a family member with a disability can be daunting, both emotionally and financially. However, with careful special needs planning, families can provide for their loved ones’ well-being while preserving their eligibility for essential government benefits. In this blog post, we will explore the key concerns and considerations of special needs planning in New Jersey and how estate planning and special needs trusts can be powerful tools in this pro ..read more

Navigating the complexities of long-term care and Medicaid eligibility can be daunting for New Jersey families. With the high costs of nursing homes and assisted living facilities, many individuals and their loved ones worry about the financial strain of paying for these services. Fortunately, there is a powerful tool that can help ease these concerns: the irrevocable trust. In this blog post, we will explore how irrevocable trusts can benefit families in New Jersey by protecting assets and making Medicaid an option for long-term care. Understanding Irrevocable Trusts An irrevocable trust is a ..read more

The holiday season is a time for families to come together, celebrate, and cherish the moments shared with loved ones. It’s also a time when you may notice subtle changes in the health and well-being of your aging family members. As our parents, grandparents, or other beloved elders grow older, it’s essential to be vigilant and proactive in ensuring their safety, security, and overall quality of life. One vital aspect of eldercare is recognizing when it may be time to consult an elder law attorney. In this blog, we’ll discuss the top 10 signs that should prompt you to consider seeking legal ad ..read more

As cultural diversity continues to shape the landscape of the United States, New Jersey stands out as a melting pot of communities, each with its own unique traditions, values, and concerns. For the Indian diaspora settled in New Jersey, preserving cultural heritage while addressing estate and elder law concerns presents a distinctive set of challenges. This blog delves into the intricacies of estate planning and elder law within the Indian community in the Garden State. Importance of Estate Planning Estate planning is a universal concern that holds special significance within the Indian cultu ..read more

Receiving a cancer diagnosis is a life-altering event that brings a wave of emotions and challenges. Amidst the medical concerns, it’s crucial to address practical matters like estate planning. In New Jersey, individuals facing cancer can take proactive steps to ensure their assets and wishes are protected. This blog delves into key considerations for estate planning in the midst of a cancer diagnosis. Open and Honest Communication: As soon as possible, initiate candid conversations with loved ones about your diagnosis and your wishes regarding medical care, end-of-life decisions, and estate ..read more