How to Transfer a Car Title from Deceased Family Members

At our firm, we’re often asked how to transfer a car title from deceased family members. Until recently, in New Jersey, transferring a title required a trip to the local DMV office, which sometimes needed a significant wait time. However, in May 2023, New Jersey enacted a new "transfer on death" law for motor vehicles. This new law represents a notable step toward making the asset transfer process more efficient and cost-effective. It aligns motor vehicles with the ease of transfer typically associated with bank accounts and retirement plans, simplifying the lives of both vehicle owners and their beneficiaries. This [...]

2024-03-08T10:46:44-05:00December 28, 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|

New Bill Addresses Financial Exploitation in Long-Term Care for NJ Residents

Last week, a new bill was introduced in the New Jersey legislature to address continued problems in certain New Jersey nursing homes. The bill, co-sponsored by Senator Joseph F. Vitale (D—Middlesex) and Sen. Robert W. Singer (R—Ocean), will attempt to address issues related to financial exploitation in long-term care. The bill prohibits the personnel of nursing homes and other long-term care facilities—owners, operators, managers, employees—“or other person who benefits financially from a long-term care facility” from managing “the affairs of a [nursing home resident] except pursuant to an order of the Superior Court appointing that person guardian of the principal.” [...]

2024-03-08T11:20:04-05:00February 24, 2023|

Millions at Risk to Lose Medicaid Coverage as of April 1, 2023

Analysts estimate that up to 18 million people (or one in five enrollees) will lose Medicaid coverage between this year and next, and among those, 3.8 million will remain without health insurance. Here is what you need to know. Medicaid enrollment ballooned by 20 million people during the Covid-19 pandemic to nearly 84 million people. That was no fluke: with a declaration of a Public Health Emergency (PHE), states were barred from removing people from the program. This is all about to change. The $1.7 trillion government spending bill passed in December reinstated states’ ability to kick people off Medicaid, [...]

2024-03-08T11:12:02-05:00January 20, 2023|

CMS to Make More Medicare Nursing Home Ownership Data Publicly Available

Additional Medicare nursing home ownership data is being made publicly available by the U.S. Department of Health and Human Services (HHS) through the Centers for Medicare & Medicaid Services (CMS). This effort may help improve nursing home transparency, safety and quality, and accountability by providing more information about the ownership of all Medicare-certified nursing homes. This data will, for the first time, give state licensing officials, state and federal law enforcement, researchers, and the public an enhanced ability to identify common owners of nursing homes across nursing home locations. This information can be linked to other data sources to identify [...]

2024-03-08T11:21:40-05:00October 21, 2022|

CMS Updated Nursing Home Regulation Guidance

On June 29, 2022, the Centers for Medicare & Medicaid Services (CMS) released much-awaited Phase 3 guidance along with updated Phase 2 guidance on nursing home regulation. The guidance was issued as the result of 2016 revisions to the Medicare Requirements for Participation for Nursing Homes. Due to delays caused by the COVID-19 pandemic, CMS is only now releasing the last set of guidance for nursing home regulation, which was originally scheduled to be released in 2019. The Phase 3 guidance offers significant updates to the requirements state oversight agencies must follow when surveying and assessing a nursing home's compliance [...]

2024-03-08T11:27:18-05:00July 22, 2022|

Gallardo v. Marstiller: Supreme Court Decision’s Impact on Personal Injury Settlement

The Supreme Court recently ruled 7-2 in Gallardo v. Marstiller, Secretary of the Florida Agency for Health Care, that the federal Medicaid Act does not preempt Florida's policies dictating how the state can obtain Medicaid reimbursements from third parties and that Florida was, therefore, able to seek reimbursement from personal injury settlement payments. Background in the Gallardo v. Marstiller case, according to the syllabus: "Petitioner Gianinna Gallardo suffered catastrophic injuries resulting in permanent disability when a truck struck her as she stepped off her Florida school bus. Florida’s Medicaid agency paid $862,688.77 to cover Gallardo’s initial medical expenses, and the [...]

2024-03-08T11:28:34-05:00June 14, 2022|

Death with Dignity: New Jersey’s Medical Aid in Dying for the Terminally Ill Act

Oregon has ended its residency requirement for the state's physician-assisted suicide law, known as the Death with Dignity Act, as a result of a pending lawsuit challenging the constitutionality of its residency requirement. Previously, you must have been a citizen of Oregon in order to avail yourself of Oregon’s Death with Dignity Law. The lawsuit, filed in October 2022 on behalf of Dr. Nicholas Gideonse, a Portland, Oregon physician, contended that restricting the right to die by state lines violated Oregon's Death with Dignity Act and the U.S. Constitution. Gideonse was working with the nonprofit organization Compassion & Choices, which [...]

2024-03-08T11:30:44-05:00April 5, 2022|

The No Surprises Act: New Ban on Surprise Medical Bills

The No Surprises Act brings new protections for patients in out-of-network care. Read on below to learn more. You are taking that ski vacation in Jackson Hole, Wyoming that you have been planning for all year. Well, things did not go exactly as planned. You ended up in the ER in Jackson Hole after fracturing your ankle on the ski slope, requiring surgery. Thirty days later, back home, you receive a bill for thousands of dollars for the medical services received because the services were performed by an out-of-network provider. 2022 brings new protections in such a scenario. Patients with [...]

2024-03-08T12:11:09-05:00January 7, 2022|
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