The IRS has made some mistakes with the COVID-19 stimulus check program, and now Uncle Sam is asking for his money back. Ever since the CARES Act passed and promised coronavirus relief payments of up to $1,200 per adult to millions of Americans, people have had questions — from who is eligible and who gets paid first, to how do you track your stimulus check, and what do you do if the payment is the wrong amount or was sent to the wrong bank account. On May 6, 2020, [...]

With the 2019 tax filing  season upon us, the IRS has attempted to make it easier for seniors to file their 2019 federal tax return.  If you are 65 or older (or you turned 65 any time in 2019), you will have the option to use a new simple tax form for seniors, known as Form 1040-SR: U.S. Tax Return for Seniors, when you file your 2019 taxes in April 2020.  In order to take advantage of this new form, you need to take the standard deduction—and the form incorporates [...]

As of September 16, 2019, nursing homes nationwide can begin asking residents (or their representatives) to sign a pre-dispute arbitration agreement. The Trump Administration reversed a previous prohibition on such agreements in a July 2019 final rule. Although there is ongoing legal action to overturn the Administration’s rule, implementation has not been delayed for the majority of nursing homes nationwide. Residents and their representatives have certain protections under the new rule. Most importantly, facilities cannot require pre-dispute arbitration agreements as a condition of admission or as a requirement for [...]

Access to telehealth services for seniors may take off in the coming years thanks to the CHRONIC CARE Act, signed into law in February 2018.  The new law was part of the newly approved federal budget that enables virtual doctor visits for Americans covered by Medicare Advantage plans. The new law will make it easier for private Medicare Advantage plans and other entities like accountable care organizations (ACOs) to offer telehealth services. It could be a huge boon to telehealth startups getting into the business of offering access to [...]

2018 Elder Law Numbers The Centers for Medicare and Medicaid Services (CMS) has released the new Medicare premiums, deductibles, and co-payments for 2018: Basic Part B premium: $134.00/month (was $109.00 in 2017) Part B deductible: $183 (same as 2017) Part A deductible: $1,340 (was $1,316 in 2017) Co-payment for hospital stay days 61-90: $335/day (was $329 in 2017); Co-payment for hospital stay days 91-150: $670/day (was $644 in 2017) All costs for each day beyond 150 days Skilled nursing facility co-payment, days 21-100: $167.50/day (was $164.50 in 2017) Also, [...]

Republican Tax Plan Will Permit Grandparents To Establish 529 Plans for Grandchild's K-12 Private School Education The Republican tax plan that was finalized on Friday and expected to become law by the end of the year, contains many provisions that arguably benefit wealthier families.  One of the new provisions involves changes to 529 plan funding.  Under current law, tax-free 529 college savings accounts can be used only to pay for college.  But the Republican proposal allows parents or grandparents to use that money — up to $10,000 a year per child [...]

Practicing law without a license in the State of New Jersey is a crime, subject to prosecution.   On May 16, 2016, New Jersey’s Committee on the Unauthorized Practice of Law, which is appointed by its Supreme Court, issued an opinion concerning permissible and impermissible activities of non-lawyer Medicaid advisors, including so-called “Application Assistors.” The Committee held that only a lawyer may provide legal advice on issues such as strategies for Medicaid eligibility, including provisions of wills and powers of attorney; on the need for guardianships and the authority to transfer assets; on nursing [...]