About Jerold Rothkoff

Jerold Rothkoff, a practicing New Jersey and Pennsylvania attorney, is the Principal of the Rothkoff Law Group, an elder care law firm. Jerry dedicates his practice to serving clients in the areas of life care planning, long-term care planning, Medicaid & VA benefits, and advocacy for the elderly and disabled. He is past President of the NJ Chapter of the National Academy of Elder Law Attorneys, former chair of the elder law section of the NJ State Bar Association, and past President of the Life Care Planning Law Firm Association. Jerry continues to be an outspoken advocate for the rights of the elderly and disabled. He writes for and gives presentations regularly to attorneys and other professionals about legal issues related to seniors and those with disabilities. Jerry’s community activities include the Twilight Wish Foundation, the Delaware Valley Stroke Council, the Alzheimer’s Association, as well as numerous other advocacy groups. When not in the office, Jerry spends time with his wife, Erica, and their five children, eighteen-year old identical twin girls, Liza and Julia, fifteen-year old fraternal twin boys, Evan and Gregory, and six-year old Aitan.

Update on CMS Care Compare Website

For nursing home residents and their families, making a decision about what facility to choose can be a daunting and frustrating process. How do you know whether the nursing home you are considering for your loved one provides quality care? One resource is the federal government website which provides quality measures for every nursing home in the U.S. For more than ten years, the Centers for Medicare & Medicaid Services (CMS) has been posting information on facility staffing measures on the Medicare.gov website under Care Compare. The information supplied regarding nursing home quality measures has been of questionable quality. However, [...]

2024-05-20T16:44:50-04:00July 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 [...]

2024-05-20T16:43:46-04:00June 16, 2023|

How to Set Up a Trust

A trust is a legal agreement between two or more parties that grants one party, or trustee, specified assets while the beneficiary, or the person for whom the trust is established, retains ownership of said assets. If you’ve ever wondered how to set up a trust or how they work, we explain below in detail how to set up a trust, from creation to distribution. The five-step process: Creation Tax Recognition Funding Administration Distributions 1. Creation The steps in creating a trust are: Identifying the person who establishes the trust, usually called the “Grantor.” Identifying an appropriate trustee. A Trustee [...]

2024-03-08T11:08:07-05:00April 7, 2023|

Frequently Asked Questions about Powers of Attorney

In this comprehensive overview, we answer the questions you may be asking about powers of attorney, living wills, and attorneys-in-fact to give you a well-rounded understanding of the roles, responsibilities, and processes that follow. How to Use This Information  This article is organized into seven parts: (1) About the Power of Attorney; (2) Powers and Duties of an Attorney-in-Fact; (3) Using the Power of Attorney; (4) Financial Management and Liability of an Attorney-in-Fact; (5) Relationship of the Power of Attorney to Other Legal Devices; (6) Health Care and the Power of Attorney; and (7) Guardians and Powers of Attorney. 1. [...]

2024-07-29T11:57:57-04:00March 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|

The Power of Dogs

Recently, my wife, son, and I traveled to lower Manhattan for a birthday party for a seven-year-old that was to be held outside of a bar/restaurant in the Chelsea neighborhood. This was not an ordinary seven-year-old birthday party. It was a birthday party for our daughters’ seven-year-old female bulldog named Ellie, who they adopted one year ago from a local rescue. My initial thought was, “why would I want to spend two hours outside in early February in New York City for a seven-year-old bulldog’s party?” The birthday party was part of a larger Sunday weekly meet-up group for New [...]

2024-07-22T12:00:26-04:00February 10, 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|

State of the Firm

Dear Friend of the Firm: As we end a meaningful and productive year, we want to thank you for your continued trust in our elder care law firm. We value our relationship with each of you and look forward to an even better 2023. I would like to take a few moments to reflect on the past year and update you on Rothkoff Law Group. Over the past year, we have engaged in the following activities and firm engagement: In October, we rolled out a new resource for our clients and families of aging loved ones: our new book, A [...]

2024-03-08T11:12:43-05:00December 30, 2022|

Aging Parents with Special Needs Adults

Planning to Replace the Irreplaceable Parent For aging parents with children who are special needs adults, planning ahead is an important step in seamlessly transitioning care. We spend a good part of our day helping families navigate the long-term care system to secure care for a senior. Many families do not realize that we also assist in planning for the families of seniors. Most parents of children with disabilities are aware of the necessity to plan financially for their child. However, they may not have considered living and care arrangements for their child, regardless of the child’s age. Some families [...]

2022-11-29T19:26:55-05:00December 9, 2022|

Can Nursing Home Residents Leave for the Holidays?

As we are now in the holiday season, one question many families are asking is, "can nursing home residents leave for the holidays?" If a resident decides to leave the nursing home for the holidays, CMS recommends certain actions when the resident returns. Consider the following scenario. A client was in a local nursing home for a rehabilitation stay following a fall resulting in hospitalization. His spouse communicated that her husband wanted to come home for the day to spend Thanksgiving with his family and would be devastated if he was unable to do so for health reasons. The nursing [...]

2024-03-08T11:20:31-05:00November 25, 2022|
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