One way to eliminate a Medicaid penalty period is to prove that a gift was not intended to protect assets from nursing homes. The State Courts have been reluctant to enforce as specific administrative code section that details when a gift is not considered a gift for Medicaid purposes.
An Administrative Law Judge is a case arising out of Hudson County, has recently issued one of the rare rulings indicating a gift was not made for Medicaid purposes.
In the case, a healthy man, while he was still working, loaned money to a child who was about to loose her house. The man then had a stroke, and other illnesses which required long term nursing care.
The Court ruled that the financial circumstances surrounding the gift, and the sudden onset of disability, merited a ruling that the gift should no result in a Medicaid penalty.
The case will be reviewed by the Director of the Division of Medical Assistance and Health Services, and if the Director acts consistently, the decision will be reversed.
How likely is that, if he is broke and Medicaid will not pay the bill? ... Before purchasing an annuity or making a gift.
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