Elder Law

Biden Regulations Do Not Qualify Families As Essential Caregivers

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

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 campaigns for years. These regulations, however, do not address the right that residents have to contact family members and friends who provide caregiving services.

What Is an Informal Caregiver?

Restraining Orders by the Elderly Can Help Avoid Estate Planning Pitfalls

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

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 preempt estate planning changes and as a result, eliminate a further dispute over the estate planning document.

The man at the heart of the case established a corresponding trust several decades ago with the

The Role of the Stop Unfair Medicaid Recoveries Act

Published on: April 18, 2022 | by Ettinger Law Firm

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 and community-situated services in addition to other associated services if a person who receives Medicaid was at least 55 at the time the services were provided. States have the choice to pursue recovery for other services due. The recovery is restricted by the size of the deceased individual’s estate. No other public benefit program requires that correctly paid benefits be received from a deceased Medicaid recipient’s family members. The minimum revenue created by estate recovery is surpassed by the burden it places on low-income individuals. The burden unfairly falls on families whose loved one’s experience

The Stop Unfair Medicaid Recoveries Act was introduced by an Illinois representative and if passed into law would revise the Social Security Act’s Title XIX to repeal requirements that states create a Medicaid Estate Recovery Program and restrict the circumstances when a state can institute a lien on property owned by a Medicaid beneficiary.

Instability in Nursing Home Staffing Impacts Resident Quality of Care

Published on: April 18, 2022 | by Ettinger Law Firm

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 homes. Besides single staffing measures citing two reports about the need for additional staffing details on the Care Compare website.

Study Shows Value of Providing Public with Staff Information

National Institute of Health Bill Widens Medicare Telehealth

Published on: April 10, 2022 | by Ettinger Law Firm

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 proposed to increase funding for necessary care and support for the country’s elderly population. This other measure will widen access to telehealth and widen its benefits for the next few years. Additionally, a third Senate bill is focused on increasing waivers for acute hospital-at-home care. This article reviews some of these potential measures to support the elderly in our country.

Increase Funding for Covid-19 Testing and Vaccination

The National Institute of Allergies and Infectious Disease recently awarded almost a million dollars to a part of Illinois to lower barriers associated with testing and vaccinating for COVID-19. This funding will aid an effort run by various academics throughout the country designed to combat the Covid-19 pandemic. The project leader academic intends to speak to a group of people who reside in East St. Louis in Illinois. This meeting will primarily be a face-to-face method of learning common reasons why people hesitate to get a vaccination or fail to follow government suggestions regarding Covid-19 precautions.

Social Security in 2022 and Beyond

Published on: April 10, 2022 | by Ettinger Law Firm

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 three legs included a pension, personal savings, and Social Security payments. Pensions that secure income is not nearly as common as they once were. Furthermore, a very small portion of people in the United States has support from each of these three legs.

Since 1940, however, Social Security has remained a steadfast source of payment. Many people, however, are uncertain about the program’s future. While the program’s demise is not granted, Social Security’s funds are certainly on a downward trend and they must be fixed if they’re to last. If Congress fails to take action, very soon Social Security might lack the funds to pay its promised benefits.

7 Limitations to Medicare

Published on: April 7, 2022 | by Ettinger Law Firm

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. Meanwhile, Part B assists with physician visits and outpatient care.

If you’re close to enrolling in Medicare, you should consider what Medicare covers. By learning what Medicare covers now as well as what it doesn’t, you can begin thinking of alternate strategies to make sure that you receive all of the appropriate care that you need.

Prescriptions

Coronavirus Deaths Encourage New Elder Law Guidelines

Published on: April 7, 2022 | by Ettinger Law Firm

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 laws. The spokesperson who introduced the measure stated that more individuals have grown cognizant of it, but that guardianship is a widespread issue.

The proposals made during this meeting are best divided into several areas: the rights of guardianships, assisted decision-choosing, restricted guardianship, arrangements providing protection, diversions of pipelines, monitoring guardianships, facing abuse, fiscal responsibility, fiscal hardships, and guardianship improvement.

Updates Made to State Voting Laws for People with Limited Capacity

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

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 voting rights for individuals faced with limited capacity.

The Types of Voting Rights

State laws addressing the voting rights of individuals fall into three categories: states constitutional provisions addressing who can vote, states with voter registration laws, and states with guardianship laws. Many recent changes have occurred in states to incorporate more current language concerning disabilities as well as capacity and guardianship. Because state statutes are notoriously hard to revise, many of them are still outdated.

Dobson Highlights Challenges with Medicare Part D Medication Coverage

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

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 concerns a Florida man who communicated with the Center for Medicare Advocacy because the man’s Part D Medicare coverage declined dronabinol coverage. Dronabinol is a man-made type of cannabis that is known under the trade names of Marinol, Reduvo, and Syndros. The medication is used to stimulate appetite as well as to treat nausea and sleep apnea. The medication is approved by the FDA for the treatment of HIV/AIDS-related anorexia and nausea and vomiting caused by chemotherapy.