1.Medicaid Planning in New Jersey: Levels of Long-Term Care, Cost and Eligibility
2. Celebration of Life Memorial Service John Bachenski Sr. June 27
3.More YouTube videos
1.Medicaid Planning in New Jersey: Levels of Long-Term Care, Cost and Eligibility by Thomas D. Begley, Jr., Esquire, CELA
Tom Begley Jr., Esq., a distinguished author and speaker in New Jersey. Tom’s website has a wealth of information and forms on Medicaid, Special needs planning, and guardianship. Ken Vercammen has been fortunate to serve as a speaker with Mr. Begley for the NJ State Bar Association.
There are four frequently used levels of care in New Jersey. The cost of adult day care averages $70 to $120 per day, home care averages $28 per hour from an agency, assisted living averages $6,000 to $10,000 per month, and nursing homes cost $10,000 to $14,000 per month. Medicaid will pay for all four of these levels of care.
Citizenship and Residency
To be eligible, the applicant must be a resident of the United States who is either a citizen or an alien who can be classified as an eligible alien. The applicant must also be a resident of the State of New Jersey.
There is also a clinical eligibility test. Essentially, to be eligible for Medicaid an applicant must be unable to perform three of the six activities of daily living, which are transferring, bathing, dressing, feeding, toileting, and continence, or suffer from severe mental impairment.
There is an income test for Medicaid for all four levels. The income cap for Medicaid eligibility is $2,382 per month for 2021. All income that a Medicaid applicant receives is counted. This includes earned and unearned income. Income from the sale of a resource is excluded. The proceeds continue to be treated as a resource. Monies received as a settlement from a casualty insurance claim so long as the repair or replacement is made within 9 months is excluded. Third-party payments for medical care or services, including room and board, are excluded. Income received by the spouse of a Medicaid applicant is not counted. New Jersey follows the "name on the check" rule. This means that income belongs to the person whose name is on the check. If a check is payable to a particular individual, that individual is considered to be the owner of the income. If income exceeds the income cap, a Qualified Income Trust ("QIT"), also known as a Miller Trust, can be established to obtain eligibility.
For Medicaid eligibility purposes, income and assets are considered resources. The asset limit for Medicaid for all four levels of care is $2,000. If the applicant is an adult residing in the same household as his or her spouse, the resources of the ineligible spouse, also known as the community spouse, are deemed to the applicant in determining resource eligibility. A resource assessment is made at the beginning of the first continuous period of institutionalization or the date of the Medicaid application, whichever first occurs. For a married couple the Community Spouse may retain half of the couple's countable assets with a minimum of $26,076 and a maximum of $130,380 in 2021. Certain resources are excludable. All resources are included, except a house occupied by an individual as his or her principal residence. One automobile is excluded, if it is used for transportation for the individual or a member of the individual's household. Personal effects with a value not exceeding $2,000 are excluded. The cash surrender value of life insurance policies, if the total face value of the policies does not exceed $1,500 are excluded. The value of resources that are not accessible to an individual through no fault of his or her own, such as irrevocable trust funds, property in probate, real property that cannot be sold because of refusal of a co-owner to liquidate are not counted. Burial spaces intended for use for the individual, his or her spouse, or any other member of his or her immediate family are excluded.
Transfer of Assets
There is a Medicaid transfer of asset penalty for any transfers for less than fair market value made within five years prior to applying for Medicaid or receiving an institutional level of care, whichever comes first. An institutional level of care is a nursing home, an assisted living facility, or home care where the recipient meets the clinical eligibility test. The penalty for a transfer within the five-year lookback period is calculated by dividing the amount transferred by the average monthly nursing home cost, regardless of the level of care actually being received, which as of April 1, 2020 is $10,730.10 per month or $357.67 per day. As of the writing of this article, the amount of the divisor had not been increased.
Assets include all assets of the individual and the individual's spouse. They also include assets to which the individual and the individual's spouse are entitled, but do not receive because of inaction. Examples would include waiving a right of inheritance or not accepting or accessing a personal injury settlement. The transfer of a home would be considered an asset, even if the individual is residing in the home as a primary residence. Fair market value is an estimate of value based on generally available market information. Transfer of asset provisions apply to transfers made by the Medicaid applicant or the spouse of the Medicaid applicant. There are exceptions to the Medicaid transfer of asset penalty for transfers of assets to certain individuals. The home may be transferred without penalty to:
The spouse of the Medicaid applicant;
A child under age 21 or a child of any age who is blind or totally and permanently disabled;
The brother or sister of an institutionalized individual who already has an equity interest in a home prior to the transfer, and who is residing in the home for a period of at least one year immediately before the individual becomes an institutionalized individual;
The child of an institutionalized individual who is residing in the individual's home for at least two years before the date the institutionalized individual became institutionalized, and who provided a level of care to such individual which permitted the individual to reside at home rather than in an institution or facility; or
A trust established for the sole benefit of an individual under age 65 who is disabled.
Non-home assets may be transferred to:
The spouse of the Medicaid applicant;
A child who is blind or totally and permanently disabled;
A trust established for the sole benefit of an individual under age 65 or to a child of any age who is disabled.
Hardship provisions exist but are extremely difficult to prove.
More Valuable information on Medicaid and asset protection at BegleyLawGroup.com
509 S. Lenola Road - Building 7, Moorestown, NJ 08057 TEL: 800-533-7227 BegleyLawGroup.com
2. Celebration of Life Memorial Service John Bachenski Sr. June 27
John Bachenski, Cynthia Vercammen’s father, passed away on June 18.
A Memorial get together will be Sunday June 27 at Edison American Legion Father & Son Post 435 from 12-3pm
43 Oakland Ave,
Edison, NJ 08817
He celebrated his 95th birthday with family on his birthday March 17, St. Patrick’s Day. He was Ukrainian, not Irish, but enjoyed the Irish food and drinks.
My father in law John Bachenski served in WWII in the Army Air Corps, the forerunner of the Air Force. He helped start the sonar radar program for the Army. I joked he successfully helped defend the air base at Boca Raton, Florida from the invading Italian navy. He was proud to wear his Air Force hat every day. We enjoyed visiting him after he moved from Edison to Cocoa Beach Fl. He taught my son the love of fishing. He was a life Member of Edison Elks 2487 and had been a member of the American Legion. Masons and other patriotic groups.
Cocoa Beach, FL - John Bachenski of Cocoa Beach Florida passed away on Friday June 18th, 2021, at the age of 95. [Cynthia’s Dad, Father in Law of Ken Vercammen]
John was born in Perth Amboy on March 17th, 1926, to his father Leon Bachenski a carpenter and his mother Anna Maximovich. His older sisters Mary, Annie, and brother Steven all played part in the raising and caring for each other. His love of electronics and his natural mechanical aptitude came early and continued for his entire life. Having anything repaired by others was out of the question. He later built several houses his family would live in. He attended Perth Amboy Vocational School where he continued his study of electronics. His other love was basketball where he actively played including participating on the Army Air Corps team. During World War 2 John worked on B-29 radar systems as a corporal and team leader. He was offered a scholarship to the Air Force Academy in 1947 but decided that military life was not his direction. His first professional job was with Perth Amboy Dry Dock (had a basketball team!). He was employed by Dupont Parlin Photo Products as a plant supervisor and metals inspector for 30 years.
After retirement, he worked as a precious metals inspector for multiple companies until 2012. John never let a challenge go by that did not deserve to be met. His love of life and family was immeasurable. He always was there for his friends, neighbor or anyone who would ask him for help. Condolences to his children Cynthia Vercammen, John Bachenski and Diane Camina and their mom Anita. A memorial get together will be held on Sunday June 27th at the Edison American Legion Father & Son Post 435, located at 43 Oakland Ave, Edison, NJ 08817 from 12 - 3pm.
Lewd gestures to home camera could be violation of TRO State v EJH
Kenneth Vercammen of Edison has been re-appointed Chair of the ABA Estate & Financial Planning Committee of the ABA Solo Division for the 2021-22 year by ABA Division Chair Ken will help organize meetings for the ABA Los Angeles April 2022 meeting. The ABA Solo Division has over 16,000 members. Kenneth Vercammen is the author of the ABA book “Wills and Estate Administration”
2. Fighting a DWI under the influence of prescription medication or drugs
If someone charged and guilty of being under the influence of even legal prescription drugs while driving, there is a mandatory loss of license for 7 months-12 months. The NJ DWI statute is not only about prohibiting driving after drinking. It also prohibits driving after taking prescription medication, which may render someone under the influence. Even if a medical doctor prescribed the medication police can still charge someone with driving under the influence of those medications.
It does not matter whether the drugs are legal or illegal for the seven-month suspension. If does not matter if you have a valid medical marijuana card.
If charged with DWI under influence of a drug, you need to have your attorney immediately file specific motions:
1) Suppress Evidence
3) Exclude Lab Tests
4) Discovery Required
5) Request to compel discovery
6) Defense demands expert reports of the state
7) Objection to DRE Drug Recognition Evaluator and Experts,
A description of the selection methodology can be found at www.superlawvers.com/about/selection process detail.html. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
Also, Kenneth Vercammen is also one of the few attorneys who continues to be Certified by the NJ Supreme Court as a Certified Municipal Court Law Attorneys.
Please note this nomination process is the first step of a multi-stage selection process. Base your nominations on first-hand knowledge (rather than reputation) and consider whether you would refer a personal family member to this attorney. Nominations will remain confidential.
Attorneys can make peer nominations by July 16, 2021. Attorneys Help Super Lawyers create a credible, comprehensive and diverse listing of outstanding attorneys by nominating those excellent lawyers you have seen in action. When you nominate your peers, our research team will also review your own practice information.
The nomination process is merely the first step in their research process, and nominations do not necessarily result in selection.
After the creation of the candidate pool, the research department evaluates each candidate based upon 12 indicators of peer recognition and professional achievement. Finally, candidates are evaluated by peers via the Blue Ribbon Panel.
In April 2022, selected attorneys who have data verified will be published in:
The “In office” program is limited to 9 people. Please bring a canned food donation for the Woodbridge Food Bank.
COST: Free for in person if you pre-register by email. Complimentary materials provided at 12:00 sharp. Please bring a canned food donation, which will be given to the Woodbridge Food Bank.
New Main Topics:
1. Handling Probate during Covid and while Government offices closed
2. Dangers If You Have No Will or documents invalid
3. Getting your Estate Planning Documents done when you can’t go into a law office
4. What goes into a Will
5. Power of Attorneys recommendations
6. Living Will & Advance Directive for Medical Care
7. Administering the Estate/Probate /Surrogate
8. Avoiding unnecessary expenses and saving your family money
Please email us if you plan on attending or if you would like us to email the materials.
SPEAKER: Kenneth Vercammen, Esq.
(Author- ABA Wills and Estate Administration)
5. July 28, 2021 Remove & Expungement of NJ Criminal Arrests and Convictions- Free Seminar from 12:15-1pm.
Location: Law Office of Kenneth Vercammen, 2053 Woodbridge Ave, Edison, NJ 08817
New Expungement Law took effect 2020, revised again 2021
COST: Free if you pre-register. Complimentary materials provided. This program is limited to 15 people. Please bring a canned food donation, which will be given to the Woodbridge Food Bank. Please email us if you plan on attending or if you would like us to email the materials. Attorneys- If space exists you can attend if you want to learn more about expungements.
SPEAKER: Kenneth Vercammen, Esq.
(Author- Criminal Law Forms by the American Bar Association)
The NJ statute on expungement was revised. Nothing is automatically erased yet. If someone has been arrested or even had a private criminal complaint signed against them in the Municipal Court, they have a criminal record, even if the charges were dismissed if not expunged. Under NJ Law past criminal arrests and convictions can be expunged/ erased under certain instances. This program will discuss the expungement process. I served as a Municipal Prosecutor and was amazed how minor criminal guilty pleas and even dismissed charges can affect someone’s ability to get a job or advance a career. Do you have children or someone you know or work with that needs an expungement?