Personal Injury Settlements Can Avoid Health Insurer Liens

On Feb. 23, 2015, the Supreme Court declined to review a key decision by the U.S. Court of Appeals for the Second Circuit Wurtz v. Rawlings Co., LLC , — F.3d —, 2014 WL 3746801 (2nd Cir. 2014). The Second Circuit’s July 2014 decision held that New York personal injury settlements are not required … Continue reading

Medicaid should Cover Advance Care Planning

New Jersey State Senator (and former Governor) Richard Codey has proposed that NJ Medicaid reimburse doctors and nurses for advanced care planning. That is, meeting with a patient to discuss what sort of medical treatment she wants at the end of her life, and setting forth those preferences in legal … Continue reading

White House proposes Same-Sex Social Security Spousal Benefits

President Obama’s 2016 budget proposes extending Social Security spousal benefits to married same-sex couples, regardless of whether same-sex marriage is recognized in the state in which they live. Under current law, same-sex couples can only obtain spousal benefits if they live in a state that recognizes their marriage.  “This means … Continue reading

NJ Miller Trusts leave little room for Trustee Fees

New Jersey Medicaid recently began permitting the use of Miller trusts (aka Qualified Income Trusts).  People with incomes above the Medicaid income limit (currently $2,199) can use a Miller trust to qualify for Medicaid in a nursing home, assisted living facility or in the community with home care aides. While … Continue reading

Nursing Homes seek Guardianship over Residents to Collect Debts

The New York Times ran an article today on nursing homes filing for guardianship over incapacitated residents in an effort to collect on nursing home bills, even when other family members are available to serve as guardian. The Times article covered a woman with a dementia in a Manhattan nursing … Continue reading

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Homepage photo: Cows grazing at Meadowbrook Farm, Bernardsville, NJ by Siddharth Mallya. October 23, 2012.
Interior photo: Somerset hills pastoral scene by Lawrence Friedman.