Elder Law

Deciding Whether Your Senior Loved One Needs an Elder Law Attorney

Published on: June 16, 2022 | by Ettinger Law Firm

Choosing to retain the services of an experienced elder law attorney is not a light decision, but instead is often the result of great consideration. Unfortunately, deciding whether or not to retain an elder lawyer can result in a great amount of uncertainty as well as anxiety for the elderly individual as well as that person’s loved ones. Various reasons exist why deciding whether or not you need an elder law attorney is a difficult situation.

# 1 – Retaining an Elder Law Attorney Makes You Confront Your Mortality

One of the most direct reasons why retaining an elder law attorney is difficult is that it makes the elderly individual confront the fact that he or she will not live forever. Coming to grips with our mortality is a frightening prospect. An elder law attorney can be retained for various reasons including estate planning, which comes with the grim perspective each of our lives will one day draw to an end. Not only is this difficult for the elderly individual, but you also cannot look past the difficult emotions that this brings up in loved ones as well.

Nursing Homes See Loss of Deficiency Appeals

Published on: June 12, 2022 | by Ettinger Law Firm

Nursing Homes See Lost of Deficiency Appeals

The Nursing Home regulations permit nursing homes to appeal a deficient issue for which they are cited for not meeting federal care standards in situations where the Centers for Medicare & Medicaid Services implements a fine against the deficiency.

The Center for Medicaid Services often focuses on financial penalties for nursing care centers whose deficiencies directly harm or jeopardize residents. The Center for Medicare Services success in most appeals involving administrative issues, but it seems other harms, as well as deficiencies as well as associated penalties, are resolved away from the appeal process. Consequently, more details about transparency with the nursing facility process are more plainly needed.

Additional State Oversight Needed to Improve Hospice Care for Assisted Living Population

Published on: June 12, 2022 | by Ettinger Law Firm

Assisted living has become a more popular residential selection for elderly individuals who need help performing daily living tasks. Regulations that apply to these populations, however, vary between states. Meanwhile, little study has been performed on care outcomes.

New studies evaluated end-of-life care provided at assisted living facilities. These studies determined that in states with less restrictive regulations, people who reside at assisted living facilities are less likely to pass away at hospice or home. This stands as an important gauge of the quality of care provided by assisted living facilities.

The Role of Assisted Living Communities

Trump Administration Medicare Faces Increased Scrutiny

Published on: June 2, 2022 | by Ettinger Law Firm

Biden-era legislatures are currently debating improving a Trump administration regulation associated with Medicare due to increasing pressure from Democrats. Also called a direct contracting model, the program implemented during the Trump administration lets private companies enroll in Medicare as health department members to revise and better care while keeping government costs as low as possible.

The measure has fallen under scrutiny from Democrats who are concerned that the Biden administration is laying a path for Medicare to become private by keeping the measure intact.

Senator Warren Criticizes Model

Biden Administration Begins Improvement of Nursing Homes

Published on: June 2, 2022 | by Ettinger Law Firm

President Joe Biden recently utilized his State of the Union address to begin a major improvement in the quality of nursing homes in the country. This improvement addresses an increase in minimum staffing levels as well as efforts taken to improve inspections while all-the-while following the Covid-19 safety protocol.

Biden administration officials have outlined over a dozen separate actions with many pursued by advocates while opposed by the industry. One major missing element is new channels of federal financing to compensate for improvements.

New Changes in the Nursing Home Industry

Reduction to Medicare Part B Looming

Published on: May 24, 2022 | by Ettinger Law Firm

The Centers for Medicare & Medicare Services is still evaluating its Part B premium due to changes that have happened after the amount was established last year. Approximately, 50% of the increase in the premiums is the result of the potential cost associated with paying for the Alzheimer’s medication, Aduhelm. If the Center ultimately decides to reduce its Part B premium, the reduction would likely apply in 2023 rather than 2022.

The Value of Aduhelm

Aduhelm plays a role in helping the approximately 6 million Americans who have been diagnosed with Alzheimer’s Disease, which is a degenerative neurological disease that slowly destroys a person’s memory and thinking skills. The medication can also negatively impact the lives of families and other loved ones connected to the person with the disease. Most people who are age 65 or older are also generally enrolled in Medicare, which pays for more than 63 million individuals.

Avoiding Surprise Bill and Complications with a Recent Regulation

Published on: May 19, 2022 | by Ettinger Law Firm

People are fortunately now not obligated to cover care received that was not part of the network if the care was given without that person’s consent. This is the result of a healthcare law that became effective at the beginning of 2020 and could lead to fewer insurance payment issues for many people.

The law’s safeguards from expensive medical bills, however, are only as valuable as a person’s awareness, understanding, and capacity to ensure enforcement of the protections occurs.

Surprise Bills Are Common

State-Run ACA Exchanges Create Alternative Plans

Published on: May 19, 2022 | by Ettinger Law Firm

In 2020, President Biden and his administration as well as states throughout the country recently celebrated unprecedented gains in enrollment for the Affordable Care Act. Meanwhile, state-operated exchanges are striving to create alternative plans addressing outreach in the event that Congress fails to extend the Act beyond 2022. A substantial motivator for these enrollment gains in the Affordable Care Act.

The Role of State-Run Exchanges

Exchanges operated by the state are focused on plans for outreach and marketing in the event that Congress does not increase beyond 2022 a driver for enrollment gains. Some legislatures and healthcare experts have already warned that individuals could discover they are dropped off coverages and consumers might even end up in less advantageous plans addressing healthcare provided Congress fails to act within the corresponding window of time.

Economy’s Condition Thrives Off Obamacare

Published on: May 5, 2022 | by Ettinger Law Firm

The states currently resisting Medicare are currently falling behind in job-market strength as well as the growth of income. Meanwhile, even the states that later signed up for Obamacare are witnessing more prosperous economies.

Obamacare created a substantial debate in the country before it was passed into law. One question raised by critics of Obama care is the measure’s impact on the economy. Supporters argued that Obama would help companies flourish because they would realize many of the costs associated with healthcare, while critics warned that Obamacare would result in tax increases.

Data after Obama’s decade-long existence now reveals that states that have fully embraced the measure are enjoying stronger economies than states that assumed these measures.

Minimum Nursing Home Requirements Become Effective in New York

Published on: May 5, 2022 | by Ettinger Law Firm

The Governor of New York recently removed a three-month prohibition on a new regulation requiring nursing homes to satisfy minimum staffing requirements to provide patient care. Supporters of the regulation, which establishes minimum staffing ratios and requires that nursing home residents receive at least 3.5 hours a day of direct nursing care, have expressed satisfaction that the delay has ended.

Staffing Levels Are at a Difficult Low

One member of the 1199 SEIU union as well as a nurse at a Dunkirk nursing home has commented that over the last couple of years, times have occurred when she has been the only registered nurse on staff for several dozen residents. This nurse has commented that it is “heartbreaking” to even satisfy the basic need requirements of residents, which include things like personal hygiene.