Health Law

Last Friday, myself and four of my office colleagues attended a Medicare Symposium in Washington, DC.  Among the presentations was a session on the impact of Medicare on American society since 1965.  I was struck by how far reaching Medicare’s impact has been.  Specifically, how President Lyndon Johnson used the Medicare Act of 1965 to force southern hospitals […]

The Second Circuit Court of Appeals has overturned the lower court decision in the Observation Status case (Barrows v. Burwell).  The decision reinstates the class action filed against CMS files by Medicare beneficiaries who were placed into observation status. An link to an article about the case is below: http://www.mcknights.com/appeals-court-keeps-observation-stay-case-alive-questions-the-role-of-doctors/article/394013/    

Last week, the FY15 Omnibus Appropriations Bill, H.R. 83, was released. It includes $4 million for the Elder Justice Initiative, which would be the first direct congressional appropriation for the Elder Justice Act (EJA) since it became law four years ago as part of the Affordable Care Act.  H.R. 83 represents a breakthrough in the long-stalled […]

The September 26, 2014 New York Times contained a great article describing the difficulties a caregiver daughter encountered in attempting to keep her ailing father at home, instead of in a nursing home.  Although the article described the State of New York Medicaid system, the article was equally applicable in both New Jersey and Pennsylvania. The Medicaid […]

I always instruct our clients and families not to rely on federal nursing home ratings alone in choosing a nursing home.  Below is an article from the New York Times giving further evidence that the Medicare nursing home rating system may be misleading. http://www.nytimes.com/2014/08/25/business/medicare-star-ratings-allow-nursing-homes-to-game-the-system.html?src=xps  

When families investigate nursing home placement options for their aging loved ones, we always instruct them not to rely on the Medicare nursing home rankings as their sole criteria.  It is important for families to visit each community, and speak with current residents and their families.  A recent study by Miami University in Ohio provides evidence that the Medicare […]