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|

Can Nursing Home Residents Leave the Facility for the Holiday

Can and should nursing home residents leave the facility for the holiday? If a resident decides to leave the facility for the holiday, CMS recommends certain actions when the resident returns. Consider this 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 Day with his family, and would be devastated if he was unable to due so for health reasons. The nursing home originally informed our client that her husband would lose his Medicare [...]

2024-03-08T12:34:12-05:00November 20, 2020|

PA and NJ Long Term Care Visitation Guidelines

Let's take a moment to review the new PA and NJ Long Term Care Visitation Guidelines that have been established post COVID. It has been a very difficult eight plus months for both loved ones and residents of long-term care communities (LTC), referring to residents in assisted living, personal care homes and nursing homes). Social isolation has taken an extreme toll on the residents. During the past few months, many family members have taken advantage of outside visits with residents. However, as the weather turns colder and with the holiday season forthcoming, many families are concerned about the ability to [...]

2024-03-08T12:35:13-05:00November 4, 2020|

Rothkoff Law Group’s “Chalk Squad” Brings Some Joy to Long-Term Care Workers

Rothkoff Law Group teamed with Barclays Rehabilitation and Health Care Center by chalking the sidewalk outside long-term care communities in our area. Thank you to Elizabeth Solitro of Barclays and Rothkoff Law’s own Chelsea Ganssle for being the “chalk squad” and helping to bring some joy to our hard-working long-term care workers. CBS3 in Philadelphia did a story on the “chalk squad” in early June.

2024-03-08T12:43:05-05:00August 6, 2020|
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