Compensation for Child’s Care of Parent Not Tax Deductible Absent Written Agreement

The United States Tax Court just held that a New Jersey estate may not deduct a child’s charges for long term care provided to a deceased parent absent a written agreement by the parent to pay the child for the care. Estate of Olivo v. Commissioner (U.S. Tax Ct., No. … Continue reading

New Class Action Gives People with Autism Their Day in Court

Federal court in Potter v. Blue Cross Blue Shield of Michigan has authorized a class action against Blue Cross and Blue Shield of Michigan. Plaintiffs claim that Blue Cross and Blue Shield of Michigan improperly denied health benefit claims for applied behavior analysis therapy on grounds that it is investigative … Continue reading

Risky Business- Combining Medicaid Planning & Promissory Notes

Since enactment of the Deficit Reduction Act of 2005, some elder law attorneys have promoted promissory notes as a way to accelerate Medicaid eligibility and preserve funds when a family member requires long term care. I and other elder law attorneys have been concerned that Medicaid authorities might attack such … Continue reading

Medicaid Appeals at Risk

In 1971′s, Younger v. Harris, 401 U.S. 37 (1971) decision, the United States Supreme Court held that federal courts should abstain from certain cases that implicate important state concerns.  A case currently in the United States Court of Appeals for the Eighth Circuit, Hudson v. Campbell, tests whether the Younger … Continue reading

Sick Kids on Medicaid Routinely Denied Care

A recent comprehensive study by Joanna Bisgaier, M.S.W., and Karin V. Rhodes, M.D. found that children on Medicaid and state Children’s Health Insurance Programs (CHIP) must wait twice as long as their peers with private insurance for an appointment with a specialist even though Medicaid recipients are supposed to be … 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.