Health and Hospital Corporation of Marion County v. Talevski
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Health and Hospital Corporation of Marion County v. Talevski

Health Law, Law Update

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 [...]

Jerold Rothkoff2023-06-16T12:30:01-04:00June 16, 2023|

Do You Believe These 5 Elder Care Law Myths?
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Do You Believe These 5 Elder Care Law Myths?

Estate Planning

Do You Believe These 5 Elder Care Law Myths?

Elder care law is a complex area of law that deals with legal issues affecting seniors. Unfortunately, there are a lot of misconceptions that can lead to confusion and misunderstanding. Here are five common elder care law myths debunked. Elder care law only covers issues related to retirement: Rothkoff Law Group provides counsel for a range of legal issues: care coordination, healthcare advocacy, wills and trusts, Medicaid and asset protection planning, family counseling, long-term care, and the list goes on. Our team of care advocates and elder law attorneys also help with end-of-life planning, estate planning, and other legal matters [...]

Bryan Adler2024-03-08T11:09:36-05:00March 17, 2023|

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

Law Update

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 [...]

Jerold Rothkoff2024-03-08T11:28:34-05:00June 14, 2022|

Elder Law Fees and Investing in Peace of Mind
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Elder Law Fees and Investing in Peace of Mind

Estate Planning

Elder Law Fees and Investing in Peace of Mind

Elder law fees are often a concern for families seeking care and advocacy for an aging loved one. When I meet with professional partners or speak with someone who expresses a need for elder care law services, people are often intrigued that Rothkoff Law Group offers a flat-rate fee structure, as it is common for a law firm to bill per hour rather than a flat-rate. So why does Rothkoff Law Group do this? When a client or an involved family member or friend contacts Rothkoff Law Group, they are overwhelmed and confused about the uncertainties of what the future [...]

Rothkoff Law Group2024-03-08T11:30:11-05:00April 29, 2022|

Senior Resources: Social Work, Care Coordination, and Elder Law
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Senior Resources: Social Work, Care Coordination, and Elder Law

Aging, Healthy Aging

Senior Resources: Social Work, Care Coordination, and Elder Law

For families with aging loved ones, having the right mix of senior resources can make life care planning easier and more effective. Many people often question the role of a care coordinator in an elder law firm, but in our practice, including social work in long-term legal and elder care planning makes perfect sense. After all, Rothkoff Law Group is an elder care law firm. How many times have your peers encouraged you to see an elder law attorney for your loved one? Many of your peers may have found themselves in times of crisis in which they not only felt [...]

Rothkoff Law Group2024-03-08T11:32:07-05:00March 18, 2022|

Thank you, Marie: An Anecdote from an Elder Care Lawyer
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Thank you, Marie: An Anecdote from an Elder Care Lawyer

Around the Office

Thank you, Marie: An Anecdote from an Elder Care Lawyer

As an elder care lawyer, I have had the privilege of meeting and assisting countless families and seniors over the years. And over those years, some stand out in the mind…like Marie. In February 2017, Marie left her home and transitioned to a personal care home. Her husband was in poor health and in a nursing home. She had no children and needed an elder care lawyer to help her navigate these changes. Given her situation, Marie’s close friend scheduled a meeting with myself, Kathleen Magee, our Director of Care Coordination, and Marie to discuss how our team of elder [...]

Bryan Adler2024-03-08T12:28:26-05:00May 18, 2021|

Addressing the Needs of an Elderly Parent and Her Special Needs Adult Child
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Addressing the Needs of an Elderly Parent and Her Special Needs Adult Child

Caregiver, Assisted Living, Aging

Addressing the Needs of an Elderly Parent and Her Special Needs Adult Child

Mary’s mother and sister needed help. Lots of it. The sister, Violet, is developmentally disabled and needs 24-hour care. Janice, their mother, was Violet’s sole caregiver for over 50 years. Mary knew that Janice was becoming increasingly confused, but it seemed like she was still taking great care of Violet. Then, Janice and Violet went for a long walk that ended with them wandering into a local nursing home and Janice asking if they could move in. Alarmed, a manager at the facility called for help. Janice was admitted to the hospital for a psychiatric evaluation, and Janice was placed [...]

Rothkoff Law Group2021-11-09T18:49:23-05:00February 18, 2021|

Elder Law Planning: More Than Just Medicaid
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Elder Law Planning: More Than Just Medicaid

Estate Planning, Aging

Elder Law Planning: More Than Just Medicaid

When it comes to elder law planning, and when I meet with clients, the focus tends to be heavily centered on finances. When retirement accounts are dwindling due to a spouse’s high nursing home bill or a parent’s complex financial management style has left an adult child overwhelmed and confused, it is easy to become focused on Medicaid as the magic solution. However, Medicaid is just one piece of a much larger puzzle. A few years ago, I worked with the sister caregiver of a client who required long-term care. Due to the brother’s medical diagnoses and young age, his [...]

Rothkoff Law Group2024-03-08T12:31:59-05:00February 15, 2021|

Effect of Stimulus Payments on Medicaid Eligibility
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Effect of Stimulus Payments on Medicaid Eligibility

Assisted Living

Effect of Stimulus Payments on Medicaid Eligibility

elder lawIn light of the recent $600 stimulus bill payments, as well as the potential for up to $1,400 more to be paid to all eligible individuals over the next few months, we wanted to update you regarding the effect of the stimulus payments on Medicaid eligibility. Additionally, as well as an update on the long-term care communities’ responsibilities regarding the payments for residents. In May 2020, the NJ Division of Medical and Health Services (DMAHS) advised that an individual, including a nursing home resident, can make cash gifts to family and friends without impacting Medicaid. Specifically, per DMAHS: "CMS [...]

Jerold Rothkoff2021-11-09T18:53:14-05:00January 29, 2021|

Can a Nursing Home Require Vaccination of Residents and Staff?
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Can a Nursing Home Require Vaccination of Residents and Staff?

Assisted Living

Can a Nursing Home Require Vaccination of Residents and Staff?

A recent article in the Doylestown Patch detailed that Neshaminy Manor, a Bucks County, Pennsylvania nursing home, announced they will require all staff to accept the COVID-19 vaccination. Those staff that choose not to vaccinate risk losing their jobs. This naturally leads to the question - Can a nursing home require vaccination of staff as a condition of continued employment? Can any employer? The answer is rather murky. Generally, if failure to vaccinate puts other employees, clients, or the public at risk of infection, then employers may require vaccination as a condition of an employee’s return to work. This is [...]

Bryan Adler2024-03-08T12:32:42-05:00January 22, 2021|