Category Archives: Medicaid

What’s the Status of the Healthcare debate in Washington?

Stay up to date with what’s going on in Washington as the Senate looks to move forward on healthcare. Continue reading

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KVDM’s Kathleen C. Moriarty, Esq. Appears on Local Radio Show

KVDM elder law attorney, Kathleen C. Moriarty, Esq., was recently invited to join Beach Radio’s “The Lighter Side of Finance,” hosted by David Crossan, Senior Financial Advisor and Senior Vice President – Investments at Wells Fargo Advisors. Continue reading

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State Cannot Get Appeal Extension on Medicaid Decision Except in Case of Emergency

In a recent decision from the Appellate Division, J.L. v. Division of Medical Assistance and Health Services, Docket No. A-4515-09T3, plaintiffs appealed a final agency decision that suspended their eligibility for Medicaid as a result of the receipt of a $20,000.00 inheritance from J.L.’s grandfather. Here, plaintiffs are a married couple who received Medicaid benefits for themselves and their children. In their application for the continuation of benefits, they disclosed that J.L. had received a $45,000.00 gift from his brother which was to be utilized for the purchase of a home. Then, in June

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The Caregiver Exemption to the Medicaid Transfer Rule

On September 2, 2011, in V.P. v. Dept. of Human Services, the Appellate Division addressed the caregiver exception to Medicaid transfer rule. In October 2008, V.P. was admitted to a nursing home after having suffered a stroke and a heart attack. She has previously lived in her home with her son, R.P. In March of 2009, shortly after transferring ownership of her home to R.P, she applied for Medicaid benefits. The Board of Social Services concluded that V.P. was ineligible due to what it determined was an impermissible transfer of her home. The Administrative Law Judge found that the transfer met the child caregiver exception. The witnesses testified

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