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/

Tuesday, July 14, 2009

10:71-4.9 Resource assessment
(a) At the beginning of the first continuous period of institutionalization (beginning on or
after September 30, 1989), the institutionalized spouse or the community spouse (or a
representative of either spouse) may request an assessment of the couple's total countable
resources. The purpose of the assessment is to establish the community spouse's share of
the couple's total countable resources (see N.J.A.C. 10:71-4.8(a)).
(b) The county board of social services shall, upon a request for a resource assessment,
advise the requesting parties of the documentation and verification necessary to make the
assessment. When the necessary documentation and verification is not submitted to the
county board of social services in a timely manner, the requesting parties shall be advised
that the resource assessment cannot be completed. Upon receipt of all relevant
documentation of resources from the couple the county board of social services shall
establish the total countable resources of the couple. The county board of social services
shall notify both members of the couple of the total value assigned to their combined
countable resources and the community spouse's share of those resources. A copy of the
notice shall be retained at the county board of social services.
1. The county shall complete the resource assessment and notify the requesting parties of
its results within 45 calendar days of the request unless third party verification has not been
received by the county board of social services or the requesting parties request a delay.
(c) At the time of providing the couple with a copy of the resource assessment, the county
board of social services shall advise the couple that there is no immediate right to a fair
hearing on the county's resource assessment, but that there will be an opportunity to appeal
the findings of the assessment when and if the institutionalized spouse applies for Medicaid.