by Thomas D. Begley, Jr., Esquire, CELA<\/p>\n
For purposes of Medicaid long-term care services, New Jersey has always been an income cap state. That means that an individual\u2019s income must not exceed 300% of the Federal Benefit Rate (FBR). Beginning January 1, 2015 that means that an individual\u2019s monthly income cannot exceed $2,199. Historically, individuals in nursing homes were able to qualify for a \u201cMedically Needy\u201d program to spend their income down and qualify for Medicaid. Individuals requiring care in assisted living or at home were not eligible for the Medically Needy program and could not become eligible for Medicaid, if their income exceeded the cap.<\/p>\n
New Jersey has obtained a waiver from the federal government whereby the state will abolish the Medically Needy program and individuals will be authorized to establish \u201cMiller Trusts.\u201d Miller Trusts are legal fiction. Under that program, individuals may deposit their excess income into a trust, and that (more…)<\/span><\/a><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":" by Thomas D. Begley, Jr., Esquire, CELA For purposes of Medicaid long-term care services, New Jersey has always been an income cap state. That means that an individual\u2019s income must not exceed 300% of the Federal Benefit Rate (FBR). Beginning…<\/span><\/p>\n