Nursing Home Visitation

Unfortunately, nursing home visitation and visits to long-term care communities in NJ, PA, and beyond are once again being limited or restricted due to residents and/or staff contracting the COVID-19 virus. We have seen the devastating consequences of visitation restrictions on long-term care residents. During the past year, long-term care advocates have called for each community to allow for an “essential caregiver” during a health care emergency.  In June 2021, a bill was introduced in Congress to recognize essential caregivers. The Essential Caregivers Act (H.R. 3733) is bipartisan legislation that would give nursing home residents the right to have access [...]

2024-03-08T12:19:43-05:00August 11, 2021|

Pennsylvania Updates Nursing Home Regulations

Acknowledging that current statewide nursing home regulations are insufficient to meet the physical, psychological, and social needs of residents, Pennsylvania announced a number of changes this past week.  One of the most significant being a 35% increase in direct care provided to each nursing home resident -  4.1 daily hours, up from 2.7. Although lessons learned from the COVID-19 Pandemic contributed to these new nursing home regulations, studies show that raising the number of care hours improves the quality of care, prevents infections, falls, malnutrition, and dehydration.  In short, more care creates better outcomes. Of course, any new law, regulation, [...]

2024-03-08T12:20:06-05:00August 5, 2021|

The Importance of Nursing Home Communication

The importance of nursing home communication and relaying information clearly is a key consideration for anyone entering a home and for family members involved in the process. Good nursing home communication helps ensure you or your loved one, as well as nursing home staff, are all on the same page together. Deciding whether it is best for mom or dad to move to a nursing home is a very difficult decision. Their well-being and safety are your primary goals, especially in these times of Covid. After considering other options, sometimes a nursing home is the only solution. Once the decision [...]

2024-03-08T12:26:09-05:00June 25, 2021|

Aging with PRIDE: LGBT Aging and Advocacy

LGBT aging and advocacy can be an ongoing issue for seniors as they make new transitions in their lives. From medical care to social roadblocks in assisted living facilities, LGBT aging is an important topic for all, whether or not you find yourself a part of this community. As we all know, aging is not something we can avoid. There are ways we can slow the progression by which we age, such as by exercising and maintaining a healthy lifestyle, but eventually, we all get there. Working with seniors, I have seen 90-year-olds that look 60 and 60-year-olds that look [...]

2024-03-08T12:26:26-05:00June 17, 2021|

Expanded Skilled Nursing Facility Medicare Coverage During the COVID-19 Pandemic

The COVID-19 pandemic has been particularly devastating for nursing homes and their residents. Aside from the tragically disproportionate loss of life, care for surviving residents has been delayed or interrupted due to infection, facility lockdowns or other health system disruptions. As a result, the Centers for Medicare & Medicaid Services (CMS) has waived two limitations on Medicare Part A skilled nursing facility (SNF) coverage during the coronavirus pandemic: The 3-day qualifying hospital stay requirement; and The 100-day benefit period. However, CMS treats the two SNF coverage expansions differently from each other with regard to its connection to COVID-19. Three Day [...]

2024-03-08T12:30:05-05:00April 6, 2021|

Unsupported Elders and Advocacy Services

Prior to starting my job as the Rothkoff Law Group Pennsylvania Client Services Director, where I work with many clients, including unsupported elders, I had plenty of experience in senior care, but I did not have any experience in the legal field. I was under the assumption that you meet with an elder care law attorney to have your will and powers of attorney prepared. I quickly realized that this could not be further from the truth. Outside of knowing my title, quite honestly, I was unaware of what my daily routine would be and what role I would play [...]

2021-11-09T16:52:52-05:00March 11, 2021|

Expanded Skilled Nursing Facility Medicare Coverage During the Pandemic

The COVID-19 pandemic has been particularly devastating for nursing homes and their residents. Aside from the tragically disproportionate loss of life, care for surviving residents has been delayed or interrupted due to infection, facility lockdowns, or other health system disruptions. As a result, the Centers for Medicare & Medicaid Services (CMS) has waived two limitations on Medicare Part A skilled nursing facility (SNF) coverage during the coronavirus pandemic: The 3-day qualifying hospital stay requirement; and The 100-day benefit period.  However, CMS treats the two SNF coverage expansions differently from each other with regard to its connection to COVID-19. Three Day [...]

2024-03-08T12:31:28-05:00March 4, 2021|

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 [...]

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

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 [...]

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

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 [...]

2024-03-08T12:32:42-05:00January 22, 2021|
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