Kenneth Vercammen's NJ Laws email newsletter E236 January 28, 2007

In this issue:
1. 2007 Medicaid, Public Benefits and Tax Numbers
2 Recent cases: Crawford case requires a Witness must appear in court to testify.
3. In Passaic County, 3rd offender DWI can serve jail on weekends
4. Irreconcilable Differences Divorce Legislation Becomes Law
5. Accident reports must now be provided by Police via fax request

1. 2007 Medicaid, Public Benefits and Tax Numbers

By Thomas D. Begley, Jr., Esquire

Every year selected public benefits and tax numbers change. These are indexed to the cost of living. Here are some of the important numbers for 2007:
Medicaid

$1,869 Income Cap

$101,640 Maximum CSRA

$20,328 Minimum CSRA

$2,541 Maximum MMMNA

$1650 MMMNA (until July 1, 2007)

$495 Excess Shelter Allowance (until July 1, 2007)

Social Security

3.3% Social Security Increase

$623 SSI Ð Single

$934 SSI Ð Couple

$900 SGA - Disabled

$1,500 SGA Ð Blind

Medicare

$124 Medicare Co-Payment Ð NSF

$93.50 Medicare Part B Standard Premium (less than $80,000 income)
Medicare Part B ÐRelated Premium

$106 Medicare Part B ($80,000-$100,000 income)

$124.70 Medicare Part B ($100,000-$150,000 income)

$143.40 Medicare Part B ($150,000-$200,000 income)

$162.10 Medicare Part B (more than $200,000 income)

Married and filing separate return

$143.40 Medicare Part B ($80,000-$120,000 income)

$162.10 Medicare Part B (more than $120,000

$131 Medicare Part B Deductible

$992 Medicare Part A Deductible

Tax

$12,000 Annual Gift Tax Exclusion

$125,000 Gifts to Non-Citizen Spouse

$10,450 Maximum Tax Estates and Trust

$2,000,000 Federal Estate Tax Exemption

$3,400.00 Personal Exemption *

$97,500 Max SSA Wage Base

PAAD/Senior Gold Ð NJ Prescription Plan
$22,572 PAAD Single Limit

$27,676 PAAD Married Limit
$32,572 Senior Gold Single Limit

$37,676 Senior Gold Married Limit

Eligible Long-Term Care Insurance

$290 40 or less

$550 more than 40 but not more than 50

$1,110 more than 50 but not more than 60

$2,950 more than 60 but not more than 70

$3,680 more than 70

*Subject to phase out for income above certain levels for various types of filers.
Begley & Bookbinder, P.C. is an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania.

See the NJ Elder Law blog: http://elder-law.blogspot.com/

2 Recent cases: Crawford case requires a Witness must appear in court to testify. State v Buda __ N.J. Super. __ (App. Div. 2006) Appellate Division, A-4778-04T4

An excited utterance made by a child abuse victim to a DYFS worker at a hospital, although admissible under state evidence law, is inadmissible in this case as a result of evolving federal constitutional jurisprudence under Crawford v. Washington, 541 U.S. 36, 124 S. Ct. 1354, 158 L. Ed. 2d 177 (2004), and Davis v. Washington, __ U.S. __, 126 S. Ct. 2266, 165 L. Ed. 2d 224 (2006).

3. In Passaic County, 3rd offender DWI can serve jail on weekends. State v. Grabowski 388 N.J. Super. 431 (Law Div., Passaic County, 2006.)

A defendant who is convicted of third and subsequent driving-while-intoxicated offenses may be sentenced to periodic imprisonment pursuant to N.J.S.A. 2B:12-22. State v. Luthe distinguished. Source: Facts-on-Call Order No. 93229
Note: There is an AOC memo sent to Judges directing immediate jail, but the memo is not available to the public online

4. Irreconcilable Differences Divorce Legislation Becomes Law
On January 20, 2007, Governor Corzine signed into law S-1467 (Scutari/Gill/Bateman/Cohen/Vas), which adds news causes of action for divorce based on irreconcilable differences. The new law is P.L. 2007, c.6 and takes effect immediately. Kenneth Vercammen is a member of the NJ State Bar Association, which had been working with several key groups and lobbied successfully to seek passage of this legislation since the 1995 Commission to Study the Law of Divorce issued its report. The commission recommended a new ground for divorce of "irreconcilable differences to alleviate the need for allegations as may be used to substantiate other causes. The allegation which may be of a nature that set a tone of bitterness and accusations." Additional information can be obtained from the Legislature's website www.njleg.state.nj.us <http://www.njleg.state.nj.us>

5. Accident reports must now be provided by Police via fax request
Personal appearance not required
Governor Corzine signed into law on January 26 a revision to NJSA 39:4-131 regarding providing accident reports. The new law requires police agencies to send accident reports through the mail or via fax upon request. The police may require as a condition that the person making the request complete a request form and pay the appropriately authorized fee set forth in the statute. If injured in a car accident, call Kenneth Vercammen. The text of the amended statute is as follows:

NJSA 39:4-131

The commission shall prepare and supply to police departments and other suitable agencies, forms for accident reports calling for sufficiently detailed information with reference to a motor vehicle accident, including the cause, the conditions then existing, the persons and vehicles involved, the compliance with P.L. 1984, c.179 (C.39:3-76.2e et seq.) by the operators and passengers of the vehicles involved in the accident, whether the operator of the vehicle was using a cellular telephone when the accident occurred, and such other information as the chief administrator may require.

Every law enforcement officer who investigates a vehicle accident of which report must be made as required in this Title, or who otherwise prepares a written report as a result of an accident or thereafter by interviewing the participants or witnesses, shall forward a written report of such accident to the commission, on forms furnished by it, within five days after his investigation of the accident.

Such written reports required to be forwarded by law enforcement officers and the information contained therein shall not be privileged or held confidential. Every citizen of this State shall have the right, during regular business hours and under supervision, to inspect and copy such reports and shall also have the right in person to purchase copies of the reports at the same fee established by section 6 of P.L. 2001, c.404 (C. 47:1A-5). If copies of reports are requested other than in person, an additional fee of up to $5.00 for the first three pages and $1.00 per page thereafter may be added to cover the administrative costs of the report. Upon request, a police department shall send an accident report to a person through the mail or via fax as defined in section 2 of P.L. 1976, c.23 (C.19:59-2). The police department may require the person requesting the report to provide a completed request form and the appropriate fee prior to faxing or mailing the report. The police department shall provide the person requesting the report with the option of submitting the form and providing the appropriate fee either in person, through the mail, or via fax as defined in section 2 of P.L. 1976, c.23 (C.19:59-2).

The provisions of any other law or regulation to the contrary notwithstanding, reports obtained pursuant to this act shall not be subject to confidentiality requirements except as provided by section 28 of P.L. 1960, c.52 (C. 2A: 84A-28).

_____________________________
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