Kenneth Vercammen, Esq is Chair of the ABA Elder Law Committee and presents seminars to attorneys and the public on Wills, Probate and other legal topics related to Estate Planning and Elder law. He is author of the ABA's book "Wills and Estate Administration. Kenneth Vercammen & Associates,
2053 Woodbridge Avenue - Edison, NJ 08817
(732) 572-0500 More information at www.njlaws.com/

Wednesday, June 25, 2008

N.E. v. New Jersey Division of Medical Assistance and Health Services, et al.

April 10, 2008 A-2276-06T2

The Division of Medical Assistance and Health Services
correctly found that N.E. was not eligible for "Medicaid Only" benefits because, on the date as of which N.E.'s eligibility was determined, his resources exceeded the maximum amount permitted by N.J.A.C. 10:71-4.5(c), and pursuant to New Jersey's regulatory scheme, the income that N.E. was receiving and reasonably expected to receive had to be allocated to his spouse for her "Minimum Monthly Maintenance Needs Allowance" before more of his resources could be allocated to the spouse.