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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 [...]

By |2021-03-04T08:21:58-05:00March 4th, 2021|Aging, Assisted Living, Blog, Elder Care, Medicaid, Medicare, Nursing Home|

Elder Care Law Case Study – 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 [...]

By |2021-02-25T13:23:22-05:00February 18th, 2021|Aging, Assisted Living, Blog, Caregiver, Elder Care, Family, Nursing Home|

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 [...]

By |2021-02-25T08:19:00-05:00February 15th, 2021|Aging, Blog, Elder Care, Health Law, Medicaid|

A Caregivers Guide to How the Holidays Affect those with Alzheimer’s

Let's look at how the Holidays Affect those with Alzheimer’s. November not only brings with it the beginning of the holiday season and a time of gathering and celebrating with our loved ones, but it has also become a time to educate people about Alzheimer’s Disease. Thirty-Seven years ago, in 1983, President Ronald Regan declared November National Alzheimer’s Disease Awareness Month. At that time, there were under 2 million people living with this disease in the US. Sadly, that number is closer to 5.5 million currently. In fact, Alzheimer’s [...]

By |2020-10-27T14:02:43-04:00October 27th, 2020|Aging, Blog, Caregiver, Elder Care|

Hiring an Advocate for Seniors

Hiring an advocate for seniors is no easy task. I know first hand. Prior to working at Rothkoff Law Group, I had experience at multiple estate planning law firms as a legal assistant. When I was hired, I thought that there must be some mistake, as I had no experience with public benefits. Since then, I have learned from the ground up, manage my own team of Public Benefits Specialists and have found a platform to advocate for underserved populations. However, now that I have overseen multiple hiring processes [...]

By |2020-10-21T10:24:22-04:00October 21st, 2020|Aging, Blog, Elder Care, Health Law|

Coronavirus Stimulus Checks: Everything you need to know to receive the funds

The first wave of coronavirus stimulus payments of up to $1,200 apiece are on their way, arriving in bank accounts through set up direct deposit with the IRS.  Up to 150 million US residents may qualify for a payment. If you haven't yet received your one-time payment and haven't set up electronic funds transfer with the government, setting up direct deposit may help you get your money faster. Otherwise, you can expect a paper check in the mail. Is the money yours, free and clear? Yes. You don't have [...]

By |2020-08-21T11:30:30-04:00April 20th, 2020|Aging, Blog, Law Update, Medicaid|

Early-onset Dementia and Alzheimer’s Disease Increases

We think of Alzheimer’s Disease and dementia as a disease effecting older individuals. However, diagnosis rates of early-onset dementia and Alzheimer’s disease tripled between 2013 and 2017, according to a new study.  Early-onset dementia and Alzheimer’s Disease jumped 200% among commercially insured Americans between the ages of 30 and 64 over a recent five-year period, a new analysis of Blue Cross and Blue Shield health insurer claims shows. “The increase in early-onset dementia and Alzheimer’s diagnoses among a generation who typically wouldn’t expect to encounter these conditions for several decades is [...]

By |2020-08-21T11:55:13-04:00March 9th, 2020|Aging, Blog|

Parenting Your Aging Parents

It is commonplace for an adult child to come to our elder care office feeling exasperated due to the perceived stubbornness of his/her parent.  The adult child is attempting to help the parent receive needed care at home or attempting to convince the parent to transition to an assisted living community.  The parent feels he/she is fine on their own, demands the home health aid to leave the home, and/or refuses to go to an assisted living community.  What can the adult child do under these circumstances? Kaiser Health [...]

By |2020-08-21T12:27:07-04:00January 13th, 2020|Aging, Blog, Caregiver|

Canada Develops Charter of Rights for People with Dementia

The Alzheimer Society of Canada’s Advisory Group of People with Dementia have published a Canadian Charter of Rights for People with Dementia. It is interesting because it pushes the reader to think about the societal assumptions and presumptions that flow from a diagnosis of dementia.  It is worth a read.  Thank you to my elder law colleague Linda S. Ershow-Levenberg for bringing this to my attention.  Canadian charter of rights for people with dementia

By |2020-08-21T12:28:43-04:00January 6th, 2020|Aging, Blog|

Innovations in Dementia & Senior Care

With the astounding level of focus and attention given the medical interventions to slow, reverse or prevent dementia and age-related disease, and the equally astounding lack of progress, I find too little attention is given to innovations and advances made by individuals and corporations worldwide.  Many people are familiar with the Dementia Village concept originating in the Netherlands, but organizations around the globe are developing their own innovative care concepts.  IKEA – the provider of flat pack everything, including affordable housing units called BoKlok – plans to offer a [...]

By |2020-08-24T10:30:39-04:00September 2nd, 2019|Aging, Blog|

Medical Aid in Dying in NJ

Medical Aid in Dying will be legal in New Jersey this week.  Here is what you need to know. On Aug. 1, New Jersey officially becomes the eighth state in the nation to allow its terminally ill residents to hasten their death with prescribed medications. Patients must find two physicians to certify that they are within six months of death, and also must be capable of taking the medications themselves.  That may sound fairly straightforward, but it may not be easy to immediately take advantage of the new law, [...]

By |2020-08-24T10:37:50-04:00July 31st, 2019|Aging, Blog|

The Struggles of LGBT Seniors: Eyes Opened Wide

When I first began practicing law in 2007, only one state permitted same-sex marriage – Massachusetts. Estate plans were indispensable for same-sex couples. Hospitals prohibited same-sex partners from making end-of-life treatment decisions for one another.

By |2020-08-24T10:47:28-04:00June 24th, 2019|Aging, Blog|

Yes, There Can Be Happiness for Those with Memory Loss

Last week, on NPR’s program, Fresh Air With Terri Gross, the topic was “Dementia Reimagined: Can There be Happiness for Those With Memory Loss",  A New Approach To Dementia.  Without a cure for dementia, it is important to provide meaningful interactions for those with dementia and their caregivers.   My wife and I recently hosted a meet and greet at our home for Artz Philadelphia, a nonprofit which provides interactions  around arts and culture for people living with dementia and their caregivers.  Artz Philadelphia permits those with dementia and [...]

By |2020-08-24T10:54:04-04:00May 28th, 2019|Aging, Blog|

Tethering Dementia Patients to their Former Selves

A Patients Understanding of Dementia In his poignant essay, “How Much a Dementia Patient Needs to Know”,  Dr.  Oliver Sacks asks, “[s]hould we have told Mr. Q. that he was no longer a janitor but a declining and demented patient in a nursing home?” Through portraits of former dementia patients, Dr. M. and Mr. Q., Dr. Sacks shows how they flourished (at times) when given the freedom to be who they knew best -- themselves. When admitted as a long-term resident of a hospital where he formerly served as the [...]

By |2020-08-24T11:14:17-04:00March 18th, 2019|Aging, Blog|

FDA Warning About Dietary Supplements

The Food and Drug Administration last week warned 12 sellers of dietary supplements to stop claiming their products can cure diseases ranging from Alzheimer's to cancer to diabetes.  The FDA is concerned that consumers are receiving false messages about the curative effects of dietary supplements. Supplement Makers Touting Cures for Alzheimer’s and Other Diseases Get F.D.A. Warning

By |2020-08-25T11:26:15-04:00February 18th, 2019|Aging, Blog|
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