Elder Law

NY Nursing Home Kickback Settlement – Reminder of Need to Make Careful Nursing Home Choices

Published on: June 19, 2013 | by Ettinger Law Firm

The New York Medicaid program has been making many headlines in recent months. Implementation of the Affordable Care Act and efforts to control state spending all have significant implications for the program. Interestingly, these developments have opposing outcomes. As the Affordable Care Act provisions are unrolled the program will be expanded, offering services to more New Yorkers. Conversely, the state’s push to control costs and root out fraud limits services in a few ways, sometimes impacting local seniors and their families.

Fraud Repayment From Estate

On the fraud issue, the NY Daily News reported last week on a settlement reached between the Attorney General and the estate of a former nursing home owner.

Beefing Up New York Long-Term Care Ombudsman Programs

Published on: June 17, 2013 | by Ettinger Law Firm

Over the last few years elder care advocates have issued a steady drumbeat of concern: mistreatment of seniors is on the rise. The rates of neglect and abuse are not necessarily rising, but the total number of seniors affected are–a product of the changing demographics. The problem is only expected to get worse in the coming years.

It is important to keep in mind that research consistently shows that even “minor” forms of neglect can prove deadly. The U.S. Department of Human Services’ Administration for Community Living points out the stark difference in morbidity rates for abused versus non-abused seniors. Even when split only between those who received adequate care and those who received “modest forms of abuse” there is a 300% increase in the death rate for the mistreated seniors.

In other words, even small difference between the quality of long-term care facilities–both nursing homes and less-intensive assisted living facilities–can have life or death consequences. All of this makes the process of choosing a proper facility a critical task for seniors and their families.

“Financial Caregiving” for Ailing Senior Parents

Published on: June 14, 2013 | by Ettinger Law Firm

One overlooked aspect of elder caregiving is the difficulty of the transition time itself. While some seniors may suffer serious medical events (stroke, heart attack, etc.) which require adult children to manage affairs overnight, in many cases the need for support happens only gradually. This presents a challenge as children must delicately broach the topic with parents who may be uninterested in change. At the same time, sibling rivalry, hurt feelings, misunderstood intentions, lack of information about savings, and many other details are thrown into the mix.

Put another way, before even deciding the best way to provide “financial caregiving” for an elderly parent, one must first figure out when to begin and how to get the parent to concede that help is needed.

A CNBC article last week examined this sensitive subject. The article provides reasonable advice while noting that “the shift [to financial caregiving by adult children] can be less stressful if everyone takes it slow, seeks advice and remembers that helping to maintain a loved one’s well-being is the primary goal.

Queens Nursing Home Facility Director Faces Criminal Neglect Charges

Published on: June 12, 2013 | by Ettinger Law Firm

It is no secret that most New Yorkers would prefer to “age in place” instead of moving into a nursing home. For one thing, having access to the comforts of one’s own home and the freedom to live as independently as possible is a natural goal. On top of that, however, are the myriad of horror stories that continue to pop up regarding mistreatment, neglect, and outright abuse that is sometime perpetrated at skilled nursing facilities. If you read enough of those harrowing accounts, it is easy to get the impression that these homes are no place to thrive in your golden years.

A new story coming out of Queens offers little relief. As reported this weekend in the NY Daily News, a former director of nursing at a Queens facility is now facing criminal charges for her conduct following a resident’s wandering from the facility.

Authorities explain how two weeks ago a 74-year old resident of the facility went missing. He was apparently not properly supervised and wandered out of the home without notice of the caregivers. The man has dementia, and obviously is at risk of serious harm while alone in the community. The senior has still not been found.

When Powers of Attorney Go Wrong – Senior Fights to Save His Home

Published on: May 23, 2013 | by Ettinger Law Firm

Elder law issues are complex and comprehensive. Many attorneys practice exclusively in this area, because the legal issues facing the nation’s growing number of seniors are very unique, encompassing many different matters, including securing healthcare, at-home support, inheritance planning, and more.

Unfortunately, some try to use generic shortcuts to handle some of these matters, instead of creating comprehensive plans that take different issues into account. For example, some many that adding a child’s name onto a bank account or having a single Power of Attorney drafted are enough to solve any issues that might arise.

Examples continue to mount, however, illustrating how these shortcuts can cause serious problems. That is particularly true when disagreements arise between family members who were given various power and control over the affairs of the senior.

Stolen Home: Elderly Mother Claims Deed Conveyed to Son Via Fraud

Published on: May 15, 2013 | by Ettinger Law Firm

Most discussions of elder financial exploitation include accusations of unique scams targeted at trusting seniors. As we discussed last week, many wrongdoers try to swindle the elderly community via insurance frauds, home repair schemes, and similar techniques. These are very real dangers that must be guarded against. However, it is a mistake to assume that all scams are committed by random strangers.

The sad reality is that many act of elderly financial exploitation are perpetrated by family members. Because of a senior’s propensity to trust their relatives and/or not wish to come forward with suspicions against loved ones, financial crimes committed by friends and family are particularly hard to identify. Experts working on these affairs point out that the vast majority of these situations never result in liability. In other words–wrongdoers often get away with it. The “success” rate of this exploitation is one reason why it continues to be perpetrated time and again. That makes it incumbent on all of us to do everything in our power to check on vulnerable friends and relatives and put plans in minimize the risk of harm.

Fraudulent Deed

Massive Elder Scam Cost Seniors Nearly $6 Million

Published on: May 13, 2013 | by Ettinger Law Firm

On the whole, studies continue to show that seniors citizens are more “trusting” than younger demographics. Sadly, that trust is often exploited by those seeking to scam seniors out of significant sums of money, including retirement savings. These scams take many forms, and each are a reminder for families to be vigilant about the financial well-being of elderly loved ones.

Recently, headlines were made when authorities arrested a couple who are alleged to have bilked seniors out of nearly $6 million in a far-reaching insurance fraud scheme. The pair tricked many different families into purchasing long-term care insurance to provide in-home care to seniors. They collected a mountain of premiums, but refused to provide any of the actual services needed when participants sought use of their claims.

According to various reports, more than 230 seniors purchased insurance policies from the couple. They paid monthly premiums as high as $4,000 for what they thought would ensure them “unlimited in-home, non-medical services.” In reality, it bought them nothing.

Is New York Ready For Boom in Old Age?

Published on: May 8, 2013 | by Ettinger Law Firm

The Post-Star recently published a story with the provocative headline: “Old Age is Coming, and We Are Not Ready.”

The article touches on some practical issues in New York state that have often been discussed in the wake of the national demographic shift that is already underway. As most know, the population is aging. But far fewer give serious consideration to what these means for those seniors (and society as a whole). The coming of old age has two main questions: (1) Do we have the appropriate quantity of services to provide the care necessary for all seniors in need in future years? (2) If not, how are we going to come up with the resources to acquire those services?

Minimal Senior Care Services

Landmark Medicaid Study on Effect of Program Expansion

Published on: May 6, 2013 | by Ettinger Law Firm

The results of a comprehensive new research effort on Medicaid’s effects on low-income residents was just published in the New England Journal of Medicine. The full summary of the article can be found online here.

As discussed in the New York Times late last week, the project compared individuals who received Medicaid support over a period of two years with those in similar income brackets who were not enrolled in Medicaid. The idea was to compare these groups on a wide range of indicators–financial well-being, physical health, mental health, and more. As such, it provides the most comprehensive understanding yet of how wide-ranging Medicaid changes may impact various community members.

Counterintuitive Results?

New York Nursing Home Evacuation Plans

Published on: May 3, 2013 | by Ettinger Law Firm

The reverberations of Hurricane Sandy’s impact on the city are far from finished. We will be cleaning up and adapting for many months–likely years–into the future. Considering the predictions of some, we may even have to deal with large storms of this magnitude on a far more consistent basis. It affects all areas of life–including things like senior care and nursing home operations.

Many New Yorkers were shocked to learn of the goings-on at some long-term care facilities hit hardest by Sandy. Stories have been told of seniors stuck in upper levels of flooded facilities for days without power. Many questions have been raised about the management of the long-term care facilities and confusion over why the senior residents were not evacuated. In fact, in large part because of the struggle with NYC nursing home evacuations during Sandy, the Center for Medicare and Medicaid Services (CMS) will release new disaster planning for all nursing homes in the coming year.

Looking to the future, local residents are advised to understand evacuation plans for long-term care facilities where loved ones reside–or to ask about such plans when making nursing home choices. An AARP story recently profiled nursing home evacuation plans, pointing out the critical issues that facility caregivers need to consider. It is worth browsing the list to get an idea of the questions that owners and operators in New York need to be asked to ensure that seniors are protected in case any manner of natural or man-made disaster strikes requiring quick action.