Administrative Law › Health Law › Wills, Trusts, & Estate Planning

CMS Signals Renewed Focus on Advance Directives and Residents’ Rights to Determine End-of-Life Care

By the time you read this article, if you are a skilled nursing facility (SNF), you will already be subject to new surveyor guidance from the Centers for Medicare and Medicaid Services (CMS) on advance directives and...more

McNees Insights -- Summer 2012

In This Issue: Planning For College – 529 Accounts; Estate Planning - IRS Issues Temporary Portability Regulations; and Filial Support and Mr. Pittas. Excerpt from Planning For College – 529 Accounts If you...more

Demystifying Advance Directives

In This Issue: Introduction; Advanced Directives; Learning Which of Your Residents Has an Advance Directive; Living Wills; Requirements of a Valid Living Will; Do Not Resuscitate/DNR Orders; Some Other Common Subjects of...more

Massachusetts Legislature Makes Major Changes to the Gift Ban Law

The Massachusetts Legislature today voted to pass the FY2013 budget conference report which includes sections that will alter key provisions of M.G.L. Chapter 111N, the state’s so-called Gift Ban Law. After weeks of...more

NJ Increases Medicaid Penalty Divisor Rate

While the increase of the Medicaid penalty divisor rate is a good thing, the divisor rate is supposed to mimic what a family privately pays for a semi-private room in New Jersey. Now, things might be different in other...more

Planning and Paying for Long-term Care (Part 4 in a Series: Medicaid/Medical Assistance)

As of January 1, 2012, the average cost of skilled nursing care in Pennsylvania is $8,112.13 per month. Recall that according to national statistics, approximately 50% of nursing care throughout the country is paid by...more

Designated to Decide: How to Help a Loved One Finish Well

Columbia, MO – April 20, 2012 -- A loving daughter agrees to be her mother’s healthcare agent. A thoughtful mother completes a DNR (Do Not Resuscitate) and DNI (Do Not Intubate) forms. The mother even goes so far as to wear a...more

Designated to Decide: How to Help a Loved One Finish Well

Columbia, MO – April 20, 2012 -- Alisa M. Dotson, Esq. watched a video of a loving daughter who agrees to be her mother’s healthcare agent. A thoughtful mother completes a DNR (Do Not Resuscitate) and DNI (Do Not Intubate)...more

Top 10 Elder Law Cases of 2011

New Jersey accounted for 30% of the most important court rulings on elder law issues in 2011. The crib notes version? Stay within the line and intent of the law to get the results that you want. The courts are supporting...more

McNees Insights- September 2011

IN THIS NEWSLETTER: BUDGET CONTROL ACT OF 2011 After much debate and brinkmanship, on August 2, 2011 President Obama signed the “Budget Control Act of 2011”. PLANNING AND PAYING FOR LONG-TERM CARE (PART 2...more

NJ Court Ruling that NJ May Count Promissory Notes as Available Resources

One of the biggest questions in determining Medicaid eligibility for long term care is what are the person's "Available Assets" our "Countable Assets". The Countable Assets must be spent down to $2000/$4000 for Medicaid...more

McNees Insights- March 2011

IN THIS ISSUE: 2011 Tax Law Changes; Estate Planning and the 2010 Tax Act; Planning and Paying for Long-term Care (Part 1 in a Series);McNees Welcomes Scott Alan Mitchell. Please see full newsletter below for more...more

Top Elder Law Decisions of 2010

Courtesy of ElderLawAnswers.com, below is a roundup of the most influential elder law court decisions of 2010, together with my thoughts as to how those cases might carry into New Jersey. The Medicaid Annuity is still...more

New Legislation Will Protect the Estates of Developmentally Disabled Individuals

Gov. Corzine signed new legislation this week, known as “Ronnie’s Law,” that requires fiduciaries (such as executors, testamentary guardians and testamentary trustees) of estates of developmentally disabled individuals to...more

G.L. v. Division of Medical Assistance and Health Services

Decision and Order

In this case, the applicant’s Medicaid eligibility plan involved making a loan to a relative. The borrowing relative signed a promissory note agreeing to repay the note in monthly installments, including interest. The note...more

Protection of Legal Rights: Protections for Nursing Home, Assisted Living and CCRC Residents

Article Adapted From A Memorandum Of Law

Residents of nursing homes, assisted living facilities and continuing care retirement communities (CCRCs) in New Jersey are provided with statutory protections under both federal and New Jersey state law. This article,...more

The Top Eight Mistakes People Make With Medicaid Qualification

...more