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Articles Posted in Elder Law

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Biden Regulations Do Not Qualify Families As Essential Caregivers

When the Biden administration proposed new nursing home regulations recently, some people were content while others were confused.  The regulation establishes minimum staffing requirements as well as advocates for stronger regulatory oversight and improved public details about the quality of nursing homes. These measures have been the subject of advocate…

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Restraining Orders by the Elderly Can Help Avoid Estate Planning Pitfalls

In some situations, courts throughout the country are able to stop other individuals from altering an elderly individual’s estate plan.  In one recent case, White v. Wear, the appellate court considered the creation of a restraining order blocking the respondent from performing any alternatives to estate plans. The order might…

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The Role of the Stop Unfair Medicaid Recoveries Act

Current federal regulations require Medicaid programs run by states to try to recoup the cost from estates of recipients who have since passed away even if the state would rather not pursue such recovery.  Medicaid programs must pursue compensation for the cost of nursing home services as well as home…

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Instability in Nursing Home Staffing Impacts Resident Quality of Care

Nursing home staffing levels frequently decreased on weekends. In 2018, the Center for Medicare and Medicaid Services distinguished facilities with low staffing on weekends and ordered states to perform surveys in a section of those locations on weekends. In January 2022, the Center started posting weekend staffing levels at nursing…

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National Institute of Health Bill Widens Medicare Telehealth

A recent National Institute of Health (NIH) grant will make the most of electronic health records (EHRs), as well as intelligent machine learning, to better diagnose circulatory illnesses. The package in question will bolster access to telehealth and increase its benefits for several years.  This is not the only measure…

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Social Security in 2022 and Beyond

The Social Security Program is 86 years old and has become a fundamental aspect of how many aging people pay for expenses. Despite its vast importance, social security is full of challenges and weaknesses.  Estate planning professionals once referred to a “three-legged stool” for retirement planning in this country.  The…

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7 Limitations to Medicare

With more people approaching the age of 65, a growing number of people are considering the potential benefits available from Medicare as well as other insurance options. Medicare A plays the critical role of paying for hospital stays as well as other services like skilled nursing facilities and hospice care.…

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Coronavirus Deaths Encourage New Elder Law Guidelines

Delegates for the Association for Behavioral Analysis’ recently approved several guidelines related to the news of older people in the United States during the Covid-19 pandemic. One of these proposals, Resolution 603, adopts recommendations from a Guardian Summit and ultimately encourages all regulators to incorporate these measures when revising guardianship…

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Updates Made to State Voting Laws for People with Limited Capacity

Fewer rights are more fundamental than the right to vote in the United States. Unfortunately, many people take the right to vote for granted. People who face limited capacity or who are currently under guardianship, however, experience substantial challenges in regards to voting. Many states even restrict and some bar…

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Dobson Highlights Challenges with Medicare Part D Medication Coverage

On February 11, 2022, the appellate court for the 11th circuit reversed a decision by a lower court. The appellate court in Dobson v. Secretary of Health and Human Services held that Medicare must provide coverage for a beneficiary’s off-label use of a medication.  How the Case Arose The case…

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