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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 42904
Experience:  Texas lawyer for 30 years in Estate law
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I need a nj elder law attorney with info on pa

Customer Question

I need a nj elder law attorney with info on pa
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. Ray here to help you tonight.

If your father here going on medicaid in NJ for nursing home and mother in PA, some more information here please.

Expert:  RayAnswers replied 1 year ago.

I think this is what you are wanting information about, let me know , and what follow up here.

Under the Medicaid spousal impoverishment provisions, a certain amount of the couple's combined resources is protected for the spouse living in the community. Depending on how much of his or her own income the community spouse actually has, a certain amount of income belonging to the spouse in the institution can also be set aside for the community spouse's use.

Following is the minimum and maximum amount of resources and income that can be protected for a spouse in the community in 2016:

Post-Eligibility Treatment of Income

The post eligibility calculation is made to determine how much an individual in an institution (usually a nursing home) is able to contribute to cost of his/her own care. It applies only to individuals who are institutionalized (most commonly to those in nursing facilities) and to certain individuals receiving home and community-based waiver services. The process only applies to those with income and only after their Medicaid eligibility has been established.

The contribution is determined by first calculating the individual's total income and then deducting certain amounts from that income. Specifically, the individual's contribution is his or her total income less the following deductions (often referred to as "protected amounts"):

  • A personal needs allowance of at least $30;
  • If there is a community spouse and the spousal impoverishment rules discussed above apply, a community spouse's monthly income allowance (at least $2,002.50 but not exceeding $2,980 for 2016), as long as the income is actually made available to the community spouse;
  • A family monthly income allowance, if there are other family members living in the household;
  • An amount for medical expenses incurred by the spouse who is in the medical facility.

Once the above items are deducted from the institutionalized individual's income, any remaining income is contributed toward the cost of his or her care in the institution.

Customer: replied 1 year ago.
hi ja you have always given me great advice what info do you need from me my parents live in pa and my father is going to a nursing home in nj. what does nj pa medicaid do
Expert:  RayAnswers replied 1 year ago.

You are so welcome.The information above is how they calculate what she gets to keep and what he has to pay out of his social security here.She gets $2,002.50 but not exceeding $2,980 for 2016--thats her social security and his added together and any other income they have.The rest of his income goes for his copay share, medicaid pays the rest here.

Customer: replied 1 year ago.
I know you cover tx do I need an nj attorney?
Expert:  RayAnswers replied 1 year ago.

There is a higher income limit for seniors (and disabled or blind folks) who need assisted living or home health services. If you are 65 or older, blind, or disabled, you can qualify for Medicaid long-term care services as long as your monthly income is no more than 300% of the Supplemental Security Income amount for an individual, or $2,163 per month for 2014. The limit for a couple is $4,326 per month.

No the medicaid program is federally driven rules are the same across the states but I am giving you NJ specific amounts.

Expert:  RayAnswers replied 1 year ago.

She gets roughly half of their income rest is his copay for nursing home.

Expert:  RayAnswers replied 1 year ago.

Resources--another word for assets

There is a higher income limit for seniors (and disabled or blind folks) who need assisted living or home health services. If you are 65 or older, blind, or disabled, you can qualify for Medicaid long-term care services as long as your monthly income is no more than 300% of the Supplemental Security Income amount for an individual, or $2,163 per month for 2014. The limit for a couple is $4,326 per month.

Expert:  RayAnswers replied 1 year ago.

Sorry here are resources ..

People who qualify for the Medically Needy Program are also allowed $4,000 in resources, or $6,000 for a couple. Keep in mind that if you are entering a nursing home and your spouse is not, you will be allowed to keep extra income and resources to support your spouse, according to New Jersey's "community spouse allowance" rules.

Not all property counts toward the resource limit. In New Jersey, your home is an exempt resource as long as it is your principal residence. But when you live away from your home for six months (for example, in a nursing home), it is presumed to not be your principal residence anymore -- unless your spouse still lives there. Also, one car is exempt regardless of its value, as long as you or a family member use it for

Expert:  RayAnswers replied 1 year ago.

the resident.

Let me know if you have more follow up.

The Ombudsman can help you find a medicaid home where you want to be here, they are free advocates that offer to help you here and also can help with patient and other care issues if you have those down the line.They are your free friend here.

Thanks again let me know if you have more.

Customer: replied 1 year ago.
My mom has a 35K 401k is that lost in the income calculation. thanks ra as always your a gem
Expert:  RayAnswers replied 1 year ago.

In case you think you are over income or resource wise you can locate a lawyer here-these are specialists in eligibility..

https://www.naela.org/Public/About_NAELA/Public_or_Consumer/Find_an_Elder_Lawyer/Find_an_Elder_Lawyer.aspx

The 401 k here i s likely exempt until she draws it out then it is income.