Aging-in-Place Planning and Elderlaw

The blog reports information of interest to seniors, their families, and caregivers. Recurrent themes are asset and decision-making protection, and aging-in-place planning.

Thursday, May 28, 2020

CMS COVID-19 Guidance Should Please Nursing Homes and Concern Everyone Else

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On May 18, 2020, Centers for Medicare and Medicaid Services (CMS) released a ten-page  Memorandum   making recommendations to state and loca...
Wednesday, May 20, 2020

Skilled Nursing Occupancy Slips as COVID-19 Rages

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The following is reprinted from Mcknight's Long-Term Care News : Occupancy at skilled nursing facilities took a hit following the o...
Monday, May 18, 2020

FTC Warns LTC Institutions: Stimulus Checks Are Not Available Resources So Keep Your Hands Off!

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Last week, this blog addressed issues arising from stimulus checks issued to the recently deceased. This week, stimulus checks are again a...
Tuesday, May 12, 2020

States Grant Nursing Homes Legal Protections in Wake of Covid-19

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At least 15 states have granted some lawsuit protection to nursing homes and long-term care facilities as a result of laws or governors’ ...
Monday, May 11, 2020

Stimulus Checks for the Deceased

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Several clients have called our office inquiring what to do with stimulus checks for their deceased loved ones. Many of these checks w...
Friday, May 8, 2020

Court Reverses Agency Decision Ignoring Appraised Value of Home for Purpose of Medicaid Penalty

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A New Jersey appeals court reversed a final Medicaid agency decision that ignored an appraiser’s testimony that the actual value of an ap...
Thursday, May 7, 2020

States Cannot Terminate Medicaid Benefits During Covid Crisis

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A provision in one of the coronavirus relief packages signed into law prevents states from terminating Medicaid benefits during the pandemi...
Monday, April 27, 2020

Company’s Ability to Change Terms of Irrevocable Annuity Does Not Make It Available Resource

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Medicaid applicant’s irrevocable annuity is not an available resource even though the company issuing the annuity has the authority to ch...
Friday, April 24, 2020

Little Noticed Provision in Trump Executive Order Allows Seniors to Opt Out of Medicare

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Seniors are now permitted to opt out of Medicare.  A little-noticed section of a longer Executive Order on Medicare issued last November by ...
Tuesday, April 21, 2020

CMS Announces Nursing Home Covid-19 Transparency Effort

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On April 19th, 2020, the Centers for Medicare & Medicaid Services (CMS) announced  new regulatory requirements  that will require nur...
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