Sea Girt  (732) 974-8898         Middletown  (732) 706-8008

Settlement of Federal Suit Will Benefit Thousands

by | Nov 24, 2013 | Medicaid Planning

Last year, I filed a federal lawsuit against the state of New Jersey.  In the lawsuit, I demanded that the State use an accurate divisor number in calculating the penalty period for asset transfers that occur within the Medicaid lookback period.  I am happy to report that this past week, I was able to negotiate a settlement with the State.  The settlement I was able to reach with the State will have a significant impact on the Medicaid program in this State.

As an elder law attorney, clients frequently ask me to qualify them for Medicaid benefits.  Medicaid is a health insurance program for needy individuals; however, unlike most health insurance programs, Medicaid will pay for long-term care costs, such as nursing homes and assisted living residences.

In order to be “needy,” a person must have limited assets and income that is insufficient to pay for the cost of his care.  For instance, if Mr. Smith is residing in a nursing home that costs $12,000 a month and his income is only $1,000 a month, then his income is insufficient to pay for the cost of his care.  If his assets are below $2,000, then he is financially eligible for Medicaid.

Because Medicaid is only available to needy individuals, some people who are seeking to qualify for Medicaid benefits try and give their money away to family members.  The belief is, if Mr. Smith simply transfers his assets to his children, he will be financially eligible for Medicaid.

The people who wrote the Medicaid law thought about this basic human reaction and drafted provisions to the law to handle this contingency.  Essentially, the laws governing the Medicaid program provide that if an applicant for benefits gratuitously disposes of his assets during the five years that proceed the application for benefits, then he will be rendered ineligible for Medicaid benefits for a period of time commensurate with a period of time that the gifted assets would have paid for his care in a nursing home.  Stated otherwise, if you give away an asset, you will be ineligible for Medicaid for as long as that asset would have paid a nursing home.

The Medicaid Office reviews every applicant’s bank statements for the five-year period of time that proceeded the application.  This is called the “lookback period.”  If the applicant gave away assets (stocks, bonds, money, a bank account, a car, a house, etc.), then the Medicaid Office will aggregate the value of those gifts and divide the sum of the gifts by a divisor number.  That divisor number is supposed to equal the average statewide cost of a nursing home room in New Jersey.

For instance, assume that Mr. Smith applies for Medicaid on December 1, 2013.  The Medicaid Office will request bank statements for December 1, 2008, through December 1, 2013, or five years.  Assume that Mr. Smith gifted $10,000 on March 4, 2009, $15,000 on June 7, 2010, and $25,000 on September 9, 2012, or $50,000 in the aggregate within the lookback period.  The Medicaid Office will take that $50,000 figure and divide it by their divisor number, which is currently $7,787 and come up with a result of 6.4 ($50,000/$7,787 = 6.4).  The result, 6.4, is the number of months during which Mr. Smith is ineligible for Medicaid benefits, because according to Medicaid, he could have used the $50,000 he gave away to pay a nursing home for 6.4 months.

The divisor the State uses, currently $7,787, should be accurate; it should actually reflect the cost of a nursing home room in New Jersey.  I can assure you that a nursing home in New Jersey does not cost $7,787.

The settlement I was able to work out with the State compels the State to conduct a survey of every nursing home in New Jersey and calculate a divisor figure that is accurate.  This suit will help a large number of people who apply for Medicaid benefits and made gifts during the lookback period.

Categories

Recent Posts

Do You Really Need a Trust?

When people begin the estate planning process, they often hear that they “need a trust.” The truth is more nuanced. Trusts can be extremely useful, but the right kind of trust depends entirely on your goals, your assets, and your family circumstances. For most people,...

Understanding the Medicaid Five-Year Lookback Period

When someone applies for long-term care Medicaid, one of the most important rules is the five-year lookback period. This rule determines whether the applicant made any gifts or transfers of assets that could delay eligibility for benefits. Despite frequent...

Protecting Your Home from Long-Term Care Costs

For many families, the home is their largest and most meaningful asset. It represents a lifetime of work and is often what parents hope to pass on to their children. Unfortunately, rising long-term care costs put that goal at serious risk. In New Jersey, nursing home...

Living Documents

For more than 26 years, I have practiced elder law in New Jersey. Over that time, I have drafted tens of thousands of estate-planning documents—last wills and testaments, financial general durable powers of attorney, and advance health care directives. These documents...

Gift and Estate Tax: The Boogeyman

Beginning in 2026, the federal lifetime exclusion against gift and estate tax is scheduled to increase to $15,000,000 per individual. In simple terms, this means that a person can give away—or die owning—up to $15 million in assets without paying any federal gift or...

Archives

Additional Articles

To schedule a consultation with the Law Offices of John W. Callinan, call our office closest to you:
Sea Girt  (732) 974-8898         Middletown  (732) 706-8008