How Can I Fight a Medicaid Transfer Penalty?
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How Can I Fight a Medicaid Transfer Penalty?

Public Benefits

How Can I Fight a Medicaid Transfer Penalty?

If you are planning to apply for Medicaid, whether for yourself or a loved one, it can be important to be aware of and, if possible, prepare for a Medicaid transfer penalty. If a Medicaid applicant has given away assets, inclusive of cash, bank account transfers, properties and/or vehicles, without receiving fair market compensation within the last five years, the Medicaid caseworker processing the application will impose a Medicaid penalty. What is a Medicaid Transfer Penalty? A Medicaid transfer penalty is a period of time during which Medicaid will not reimburse your long-term care provider for services, including home and [...]

Rothkoff Law Group2024-03-08T11:29:52-05:00May 13, 2022|

Extension of the 3-Day Prior Hospitalization Waiver
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Extension of the 3-Day Prior Hospitalization Waiver

Public Benefits

Extension of the 3-Day Prior Hospitalization Waiver

What does the 3-Day Prior Hospitalization waiver extension mean for seniors seeking skilled nursing facility-level care? Over the course of the COVID-19 pandemic, the Centers for Medicare and Medicaid Services issued several waivers in response to the Public Health Emergency. These waivers were scheduled through at least January 2022. In January, it was determined that the 3-Day Prior Hospitalization waiver would remain in effect at least through April 16, 2022. This waiver allows for Medicare coverage of skilled nursing facility level of care without a qualifying hospitalization. Under the traditional Medicare guidelines, a Medicare beneficiary must be admitted to a [...]

Rothkoff Law Group2024-03-08T12:10:18-05:00February 4, 2022|

Know Your Rights: Special Enrollment Period
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Know Your Rights: Special Enrollment Period

Public Benefits

Know Your Rights: Special Enrollment Period

Are you eligible for a Special Enrollment Period? While annual open enrollment has come to a close, that does not necessarily mean that you missed your opportunity to make changes to your Medicare Advantage plan or your Medicare part D prescription drug plan. If you have Medicare Part C, also known as Medicare Advantage, meaning your Medicare benefits are offered through a private company, you will have a second opportunity to make changes. During the Medicare Advantage Open Enrollment period, running from January 1, 2022, through March 31, 2022, you can switch to a different Medicare Advantage Plan or go [...]

Rothkoff Law Group2024-03-08T12:12:06-05:00December 17, 2021|

2022 Elder Law Numbers
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2022 Elder Law Numbers

Public Benefits

2022 Elder Law Numbers

As 2021 draws to a close, there are important 2022 elder law numbers that should be paid attention to by seniors and their loved ones. With these new changes in mind, now is the time to plan finances ahead of the year to come. 2022 Medicare Numbers The Centers for Medicare and Medicaid Services (CMS) has released the new Medicare premiums, deductibles, and co-payments for 2022: Basic Part B premium:........................................................$170.10/month (was $148.50 in 2021) Part B deductible:................................................................$233.00 ($203.00 in 2021) Part A deductible:................................................................$1,556.00 (was $1,484.00 in 2021) Co-payment for hospital stay days 61-90:..........................$389.00/day (was $37.00 in 2021) Co-payment for hospital stay [...]

Jerold Rothkoff2024-03-08T12:12:27-05:00December 10, 2021|

Advocacy is Essential When Applying for Medicaid
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Advocacy is Essential When Applying for Medicaid

Public Benefits

Advocacy is Essential When Applying for Medicaid

As an attorney for Rothkoff Law Group, I help support our Public Benefits staff with complicated Medicaid issues and unexpected application outcomes when applying for Medicaid. As a result, I have found the internal processes of state Medicaid agencies processing Medicaid applications do not always comply with state and federal Medicaid laws, often to the detriment of our clients. For this reason, it is essential to have an advocate when applying for Medicaid for long-term care in both New Jersey and Pennsylvania. It is worth noting I do not believe the Medicaid agency’s occasional failure to comply with Medicaid rules [...]

Rothkoff Law Group2024-03-08T12:14:27-05:00October 21, 2021|

Planning Ahead for the Medicaid Look-Back Period
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Planning Ahead for the Medicaid Look-Back Period

Public Benefits

Planning Ahead for the Medicaid Look-Back Period

What is a Medicaid Look-Back Period, and why should you be concerned about planning ahead for Medicaid benefits? We encounter the following factual scenario on a regular basis, which will shed some light on why you may want to start planning now. Mom can no longer live independently. Mom sells her house and moves in with her son and his family. Son uses mom’s money to remodel or add an addition to his home and to help pay household expenses, such as utilities, food, maintenance. Mom never puts anything in writing indicating son can use her money for such expenses. [...]

Rothkoff Law Group2024-03-08T12:18:43-05:00September 16, 2021|

Qualified Income Trust for Medicaid
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Qualified Income Trust for Medicaid

Public Benefits

Qualified Income Trust for Medicaid

Applying for Medicaid for yourself or a loved one can be a difficult process. Many people believe they have successfully navigated all clinical and financial criteria, only to discover that the applicant requires a Qualified Income Trust, or QIT. Prior to December 1, 2014, all Medicaid applicants in the State of New Jersey with a monthly income in excess of the annual income limit, $2,382.00/month in 2021, were ineligible for the benefit. The creation of QITs has allowed for a wider range of applicants but has further complicated the Medicaid application process. Improper use of a QIT can result in [...]

Rothkoff Law Group2024-03-08T12:23:30-05:00July 22, 2021|

Medicaid Crisis Planning: Paying for Long-Term Care

COVID-19 has been devastating to long-term care residents. Although the situation has improved greatly after the availability of vaccines, family members are still hesitant to make the decision to place their loved ones in a nursing home setting. Nonetheless, there was and continues to be an important need for assisted living and/or nursing home care. Should placement in a long-term care community be necessary, it is important to adequately prepare for the significant financial costs of care. Medicaid crisis planning is a crucial step in preparing for the future and taming the unexpected. Medicaid crisis planning can help turn an [...]

Rothkoff Law Group2024-03-08T12:25:33-05:00July 9, 2021|

Medicaid and Veterans’ Benefits: Important Documents to Save
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Medicaid and Veterans’ Benefits: Important Documents to Save

Public Benefits

Medicaid and Veterans’ Benefits: Important Documents to Save

Throughout my years of document gathering for Medicaid and Veterans' benefits applications, most of my clients exclaim at some point, “why didn’t anyone ever tell me I needed to keep this stuff?” With the never-ending pile of junk mail gathering, it can be tough to separate the “keep” and “trash” piles when considering what you may someday need down the road for Medicaid and Veterans' benefits. Below, I have listed the most common items that people wish they had held onto: Social Security card Medicare card Passport (current or expired) Photo ID (current or expired) Birth certificate Marriage certificate Spouse’s [...]

Rothkoff Law Group2024-03-08T12:26:46-05:00June 9, 2021|

Medicaid Crisis Planning: Paying for Long-Term Care
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Medicaid Crisis Planning: Paying for Long-Term Care

Public Benefits

Medicaid Crisis Planning: Paying for Long-Term Care

Medicaid crisis planning is a crucial step in preparing for the future and taming the unexpected. And as with the case of Marie, a client I was happy to assist, Medicaid crisis planning helped turn an unexpected situation into the best possible outcome for her and her husband. $300,500.00 was most of Marie’s life savings. When she remarried while in her late 60s, it did not matter that her new husband had scant funds. Marie was happily working, and her new husband, Charlie, could help with the bills using his significant pension. No more than 10 years after their marriage, [...]

Rothkoff Law Group2024-03-08T12:28:06-05:00June 3, 2021|