Too much trustee discretion prevents elderly beneficiary from Medicaid eligibility.

A New York Appeals court recently affirmed the State's Medicaid division's decision to deny Medicaid eligibility to the beneficiary of a trust, arguing that the trust gave the trustee too much discretionary authority. The case underscores the need to have an experienced attorney familiar with local Medicaid rules, draft trust documents where protecting Medicaid eligibility … Continue reading Too much trustee discretion prevents elderly beneficiary from Medicaid eligibility.

Undocumented Caregiving results in Medicaid Penalty Period

In a case that stresses the importance of keeping accurate records, especially for paid family caregivers, a New Jersey appeals court upheld a penalty period imposed by Medicaid against a Medicaid applicant for payments the applicant's daughter received for providing caregiving service. E.B. v. Division of Medical Assistance and Health Services (N.J. Super. Ct., App. … Continue reading Undocumented Caregiving results in Medicaid Penalty Period

Are you liable for your parent’s nursing home bills? 

Unbeknownst to most Americans, more than half of U.S. states (29 plus Puerto Rico) have “filial responsibility” laws in effect that could potentially obligate adult children to support their impoverished parents. That includes paying the tab for basic necessities like food, housing, clothing, and medical attention, according to Little. Source: Are you liable for your … Continue reading Are you liable for your parent’s nursing home bills? 

Senators slam abuse in nursing homes; criticize CMS over reporting requirements 

If there’s anything that will bring a bipartisan group of U.S. senators together, it’s the topic of abuse in nursing homes and a hearing Tuesday was proof yet again.Abuse deficiencies cited in nursing homes more than doubled in four years, increasing from 430 in 2013 to 875 in 2017, a Government Accountability Office report released … Continue reading Senators slam abuse in nursing homes; criticize CMS over reporting requirements 

Nursing home has no standing in suit against resident’s daughter.

A New Jersey appeals court ruled that a nursing home has no standing to lodge a conversion claim or infringement of fiduciary duty against the daughter of a resident who transferred the resident's cash to herself, resulting in a Medicaid penalty period. M.D. is the daughter of B.S. In 2010, She started helping her mom … Continue reading Nursing home has no standing in suit against resident’s daughter.