Law Update

Practicing law without a license in the State of New Jersey is a crime, subject to prosecution.   On May 16, 2016, New Jersey’s Committee on the Unauthorized Practice of Law, which is appointed by its Supreme Court, issued an opinion concerning permissible and impermissible activities of non-lawyer Medicaid advisors, including so-called “Application Assistors.” The Committee held that only a […]

Pennsylvania’s Aging Waiver Program is a Medicaid eligible program that covers home and community care and related services.  Effective April 1, 2016, Maximus is the Enrollment Broker for all of the Waiver Programs.  The below article written by elder law attorney, Dana Breslin, with contribution form elder law attorney, Leslie Wizelman, sets for the new procedure for enrolling in the PA […]

Our goal, as an elder care law firm, is to help families navigate the long-term care process when caring for a chronically disabled loved one.  An unfortunate example of the complicated long-term care health system is illustrated in a February 7, 2016 article in the Philadelphia Inquirer. Pennsylvania resident, Charles  Prozzillo, a dialysis patient due to […]

We want to thank all of our clients, their families, and professional friends and colleagues who have made our elder care firm seminars so successful by attending our Professional and Caregiver Seminar Series over previous years.  We are proud to announce our 2016 seminar series for long term care professionals.  We will continue to offer continuing education credits […]

2016 Elder Law Numbers The Centers for Medicare and Medicaid Services (CMS) has released the new Medicare premiums, deductibles, and co-payments for 2016: Basic Part B premium: $104.90/month * (no change from 2015) Part B deductible: $166 (was $147 in 2015) Part A deductible: $1,288 (was $1,260 in 2015) Co-payment for hospital stay days 61-90: […]

Since the passage of the Deficit Reduction Act of 2005 (“DRA”), the Pennsylvania Department of Human Services (“Department”) has attempted to limit the use of annuities in the asset protection strategy known as “half-a-loaf” gifting.  Half-a-loaf gifting is a technique used to reduce a Medicaid applicant’s resources by gifting one-half of his or her resources […]

The Obama administration touted ACOs as one of the most promising reforms in the 2010 federal health care law.  The administration set a goal that by the end of 2018, half of Medicare spending currently based on the volume of procedures a doctor or hospital performs will instead be linked to quality and frugality.  But, so far the […]

Case Law Update – Federal Appeals Court Rules Short Term Annuities Are Not Resources Preventing Medicaid Eligibility On September 2, 2015, in the case of Zahner vs. Secretary, Pennsylvania Department of Human Services, a federal appeals court ruled that annuities with certain characteristics, including nonassignability clauses, are not assets to be counted as resources” for purposes of […]

Illinois has recently joined the small list of states to pass a law that allows nursing home residents and their families to place video or audio monitoring devices in resident rooms.   Illinois joins Texas, Oklahoma, New Mexico, and Maryland who have previously enacted granny cam statutes.  The new law allows residents of nursing homes and rehabilitation facilities or […]

On July 16, 2015, CMS published in the Federal Register an exhaustive proposed rule on requirements for long-term care facilities. It is the first update of nursing home regulations in over 20 years.  One of the proposed provisions concerns dispute resolution — specifically, binding arbitration agreements — at Sec. 483.70(n). CMS’ posted background on this topic provides, […]

Legislation that will require hospitals to notify patients of their status as outpatients has passed Congress and should be signed into law by the President.  Outpatient status limits the patient’s ability to receive Medicare coverage for care in a skilled nursing facility after discharge from the hospital. The law will apply in situations where a […]

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