Your Legal Corner: Living in the community and Medicaid – NJ.com

Victoria M. Dalton

 Today Your Legal Corner will provide information on “Living in the Community and Medicaid.”

This winter has gotten me to the point where I am ready to stage a protest. Yes, I am going to remove every snowman figurine from my home and replace them with ornaments of spring and brightly colored Easter eggs, in protest of the blustery cold winter we are having!

Since I live in my own home in our community, I have the ability to do this, unlike those who reside in a structured facility, where there may be limitations with regard to their creative outlets.

Living in the community as opposed to an institutional setting and receiving Medicaid benefits is a growing trend. The cost of providing care in the community is far less when compared to the cost of providing care in an institution. Importantly, most individuals with disabilities, as well as older adults, prefer community living to nursing home care.

Current Medicaid programs will increasingly support home and community based settings as an alternative to institutional care. People with disabilities and older adults have a right to live, work and participate within their community. Community Medicaid as well as other programs will help them accomplish this feat.

States now have additional options through the Affordable Care Act to expand home and community based services, as well as target services to specific populations. The goal is to help ensure that individuals receive long-term care and support in their home or community. The law creates incentives for states to provide these types of services.

COMMUNITY MEDICAID

Global Options was established by Medicaid to provide access to in home long-term supportive services for seniors and adults with physical disabilities who meet the income, asset and nursing facility level of care requirements. This includes programs such as Assisted Living, Adult Family Care, Caregiver assistance programs, and Community Care Program for the Elderly and Disabled. Further, for individuals who are presently in a nursing home, the program is intended to allow them to return to the community.

JERSEY ASSISTANCE FOR COMMUNITY CAREGIVING

This state funded program provides in-home services to help an individual who is at risk of placement in a nursing facility to remain within the community. There are income and asset restrictions, but they are broader than the Community Medicaid program.

Jersey Assistance For Community Caregiving, also known as JACC, is limited to a dollar amount per month and annually. This program provides services to those who are not eligible for Medicaid due to an increased income. To be eligible for this program, one must be 60 years of age or older, reside in a home which is owned or rented or live in an unlicensed home of a relative. They must have no alternate means to receive services and have been clinically determined to require a nursing home level of care and be a US citizen or a qualified alien.

NEW JERSEY EASE

Programs that assist the elderly and the disabled vary from state to state and even town to town. NJEASE will provide information with regard to the services, which will best suit a prospective client’s needs. The thought behind this department is rather than having to contact many different agencies, NJ Ease will custom fit the programs available to your particular needs. The toll free number for this information is 1-877-222-3737 and is open Monday through Friday.

Till next week, stay warm and think Spring when YLC will provide information on “Medicaid Forms.” Till then, God bless, keep smiling and remember who’s in Your Legal Corner!

Victoria M. Dalton is a dedicated Family/Elder Law Attorney with the Law Offices of Hoffman Dimuzio. Call 856-845-8243 for further information. Email correspondence to vdalton@hoffmandimuzio.com or see www.ylcdirection.com.

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