The Death with Dignity Act

The Death with Dignity Act often sparks controversy and brings to the forefront important questions about the role of doctors in end-of-life care. The American Medical Association defines “death with dignity” or “medical aid in dying” (MAID) as when a physician offers "the necessary means and/or information" to assist a patient in choosing to end their own life.” Throughout this blog the terms “death with dignity” and “medical aid in dying” will be used interchangeably. What constitutes dying with dignity varies from person to person. It is a highly personal perspective. For instance, if someone believes that dying in a confused [...]

2024-03-08T10:52:43-05:00December 21, 2023|

Health and Hospital Corporation of Marion County v. Talevski

The United States Supreme Court recently ruled 7-2 to protect the right of Medicaid nursing home residents to seek relief in federal court when state officials do not meet a certain quality of care—a ruling being hailed as a civil rights victory for Medicaid patients. In Health and Hospital Corporation of Marion County v. Talevski, state officials challenged the right of a Medicaid beneficiary to bring suit in federal court in a case involving the alleged violation of Gorgi Talevski's federal rights under Medicaid's Federal Nursing Home Reform Act (FNHRA). By a 7-2 margin, in a remarkable opinion for the [...]

2023-06-16T12:30:01-04:00June 16, 2023|

Medicaid Coverage for Assisted Living: PA Legislation Proposal

In December 2022, Pennsylvania state Senators Michelle Brooks and Judy Ward proposed legislation that would expand Medicaid coverage for assisted living facilities. The proposal is designed to provide support for older adults who require assistance with daily living but do not require the high level of care provided by nursing homes. Under the proposed legislation, eligible seniors would be able to access Medicaid coverage for assisted living services, including room and board, personal care, and medication management. This would be a game-changer for many seniors who are currently struggling to pay for these services out-of-pocket or relying on family members [...]

2024-03-08T11:19:44-05:00April 28, 2023|

Biden Administration Announces Significant Nursing Home Reform

In an effort to improve the quality of care for nursing home residents, the Biden Administration has announced plans for sweeping nursing home reform. As you are aware, the pandemic has been devastating to nursing home residents. COVID-19 has not necessarily caused all the recent issues with nursing homes. Issues regarding staffing, quality of care, and private investors’ role in the nursing home industry has existed long before anyone heard of COVID-19. The pandemic simply brought these issues to the surface. As a result, on February 28, 2022, the Biden administration announced it would be implementing a variety of nursing home reforms, including the [...]

2024-03-08T11:33:39-05:00March 4, 2022|

Aduhelm Coverage: Medicare’s Decision for the New Alzheimer’s Drug

On January 11, 2022, the Centers for Medicare and Medicaid Services (CMS) proposed that Medicare would offer Aduhelm coverage. Aduhelm is a drug for the treatment of mild Alzheimer’s disease, only as part of a clinical trial approved by CMS or supported by the National Institutes of Health (NIH). The trial will help to generate the evidence that CMS suggests is currently lacking regarding whether Aduhelm is reasonable and necessary for the treatment of Alzheimer’s disease. This preliminary National Coverage Determination (NCD) comes after months of handwringing over the potential impact of this new high-priced drug on Medicare spending and [...]

2024-03-08T12:10:31-05:00January 28, 2022|

Update on Telehealth Insurance Coverage

Over the past year, telehealth insurance coverage has evolved. While telehealth is not a new practice, it has become much more widely utilized since the outbreak of COVID-19.  Historically, telehealth was utilized in certain instances, such as for patients who lived in more rural areas with limited access to resources. In regard to telehealth insurance coverage, effective March 2020, Medicare began covering these visits under much broader guidelines and were paid at the same rate as in-person visits. Some of the most common technology platforms include FaceTime, Zoom, Google Hangouts, and Skype. Under the guidelines during the pandemic, the use [...]

2024-03-08T12:32:23-05:00February 4, 2021|

There is No Place for Politics in Elder Care Law

It is my personal opinion that there is no place for politics in elder care law. I recently discussed the election during a dinner conversation with a friend. We discussed our political views and opinions. He correctly observed he never sees political opinions on my Facebook or LinkedIn pages. He inquired why I chose not to engage in a political discussion, suggesting whether it was because I wanted to be perceived as apolitical from a business perspective. In a way, he was right, but not for the reasons he thought. Many years ago, I represented an elderly stroke survivor whose [...]

2024-03-08T12:34:56-05:00November 11, 2020|
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