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 [...]

2024-03-08T12:14:27-05:00October 21, 2021|

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. [...]

2024-03-08T12:18:43-05:00September 16, 2021|

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 [...]

2024-03-08T12:23:30-05:00July 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 [...]

2024-03-08T12:25:33-05:00July 9, 2021|

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 [...]

2024-03-08T12:26:46-05:00June 9, 2021|

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, [...]

2024-03-08T12:28:06-05:00June 3, 2021|

Elder Law Planning: More Than Just Medicaid

When it comes to elder law planning, and when I meet with clients, the focus tends to be heavily centered on finances. When retirement accounts are dwindling due to a spouse’s high nursing home bill or a parent’s complex financial management style has left an adult child overwhelmed and confused, it is easy to become focused on Medicaid as the magic solution. However, Medicaid is just one piece of a much larger puzzle. A few years ago, I worked with the sister caregiver of a client who required long-term care. Due to the brother’s medical diagnoses and young age, his [...]

2024-03-08T12:31:59-05:00February 15, 2021|

Your Public Benefits Have a Lookback – Even Around the Holidays!

The holiday season is upon us yet again. It is easy to get caught up in the festivities and forget that if you or a loved one are enrolled in a public benefits program or are planning to apply in the future, it is important to remember that even holiday gifting can impact eligibility. Are you or your spouse receiving Medicaid benefits? Or will you need long-term care in the next five years? If so, a review of five years’ worth of all financial documents is conducted during the application process. They impose a penalty by delaying eligibility for benefits [...]

2024-03-08T12:33:35-05:00December 10, 2020|

2020 Elder Law Numbers

2020 Medicare Numbers The Centers for Medicare and Medicaid Services (CMS) has released the new Medicare premiums, deductibles, and co-payments for 2020: Basic Part B premium:...............................................$144.60/month (was $135.50 in 2019) Part B deductible:...................................................... $198  ($185.00 in 2019)Part A deductible:......................................................$1,408 (was $1,364 in 2019)Co-payment for hospital stay days 61-90:................. $352/day (was $341 in 2019)Co-payment for hospital stay days 91-150:................ $704/day (was $682 in 2019)  All costs for each day beyond 150 daysSkilled nursing facility co-payment, days 21-100:.... $176/day (was $170.50 in 2019)   Also, note that individuals with annual incomes over $87,000 and married couples with annual incomes over $174,000 will pay [...]

2024-03-08T12:41:30-05:00January 8, 2020|

Comparison of New Jersey and Pennsylvania Medicaid Eligibility Rules

Our elder and disability law office has offices in both New Jersey and Pennsylvania.  Therefore, it is common for a family to consult with our office that has a parent residing in Pennsylvania, and a child in New Jersey, or vice versa.  In many of these cases, the family is inquiring about what state they should look to for the potential placement of their loved one in a long-term care setting.  Our job is to analyze their assets, income, medical needs, and the family’s goals to recommend whether New Jersey or Pennsylvania is the better long-term care setting.  Below we [...]

2024-03-08T12:43:35-05:00May 10, 2015|
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