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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|

Effect of Stimulus Payments on Medicaid Eligibility

In 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 [...]

By |2021-02-02T17:08:56-05:00January 29th, 2021|Assisted Living, Blog, Medicaid|

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 [...]

By |2021-02-02T17:08:43-05:00January 22nd, 2021|Assisted Living, Blog, Elder Care, Nursing Home|

New Jersey Law Protects Assisted Living Residents in a Community that is Closing

As many of you know, Five Star Senior Living has announced the closing of Cherry Hill Senior Living, an assisted living community in Cherry Hill, NJ.  In the unfortunate COVID-19 era, there may be more closures to come.  However, it is important to know New Jersey law, at least to an extent, protects current residents of AL communities that are closing, particularly those who are already on Medicaid or may shortly be transitioning to Medicaid. Pursuant to New Jersey law, “If a facility licensed to operate as an assisted [...]

By |2020-10-08T09:16:54-04:00October 8th, 2020|Assisted Living, Blog|

The Importance of Nursing Home Care Plan Meetings

As an elder care law firm, our emphasis is on health care advocacy via our five elder care coordinators. For those clients in a nursing home setting, especially during the COVID-19 pandemic, it is vitally important to engage in health care advocacy since loved ones are unable to regularly visit or participate in person in care plan meetings. This article will discuss what is a care plan meeting and why it is so very important for families to participate in the care plan to be aware of their loved [...]

By |2020-09-16T16:20:54-04:00September 16th, 2020|Assisted Living, Blog, Caregiver, Elder Care, Family, Nursing Home, Uncategorized|

Long Term Care Residents Can Vote and Should Vote

Long term care residents can vote and should vote. It is their constitutional right even in the midst of a pandemic. The latest coronavirus challenge: How do we hold a general election during a pandemic? As the politicians, media, advocacy groups, and pundits debate the merits of remote voting, one voice is notably absent – advocates for residents in long-term care communities. While some of the more cantankerous long-term care residents may disagree, moving to a long-term care setting does not strip people of their rights as citizens. Long [...]

By |2020-08-25T10:22:19-04:00August 25th, 2020|Assisted Living, Blog, Elder Care, Nursing Home|

Do You Understand Your Long-Term Care Insurance Policy Well Enough to Use It?

Many people have long-term care insurance but don't understand the policy well enough to use it. Since starting with Rothkoff Law Group in 2010, I have assisted dozens of clients with filing long-term care insurance claims. The good news is that many of our now clients had the foresight to purchase these policies anywhere from 10-25 years ago. Since that time, they have continued to pay their often-increasing premiums and rarely reviewed the actual policy. Based upon my experience, I have come to realize many people do not familiarize [...]

By |2020-08-17T13:37:59-04:00August 17th, 2020|Assisted Living, Blog, Elder Care|

Dealing with an Unexpected Discharge from a Nursing Home

Last week my phone rang, it was the daughter of a client. She had an emergency. An unofficial Rothkoff Law Group motto is “There are no elder law emergencies…for us. But for the families we work with, there are.” The emergency was that mom, in need of long-term nursing home care, was soon to be discharged from a local nursing home because they had no “long-term care beds available”. The facility was recommending a variety of other nursing home options. The family was very pleased with the care the [...]

By |2020-08-27T12:32:33-04:00August 14th, 2020|Assisted Living, Blog, Elder Care, Nursing Home|

NJ Long-Term Care Facilities to Restart Visits

The State of New Jersey has announced directives for long-term care facilities to restart visits with family and friends. Beginning June 21, New Jersey's nursing homes, assisted living residences, dementia care homes, pediatric transitional care homes, and comprehensive personal care homes, can welcome reunions with loved ones in a designated outdoor space. Individuals should check with long-term care facilities for specific visitor policies. Pursuant to the NJ Department of Health Directive, measures that must be in place to reduce risks.  Directives for long-term care facilities to restart visits A [...]

By |2020-06-22T09:23:28-04:00June 22nd, 2020|Assisted Living, Blog, Family, Nursing Home|

The Future of Elder Care After COVID-19

What will the future of elder care look like after the COVID-19 pandemic? We are excited to announce that Rothkoff Law Group will be hosting a Virtual Town Hall with Eloy Van Hal, the co-founder of the Dementia Village, a small-scale senior housing community in the Netherlands. He is setting the standard for the what the future of elder care could look like. Let me share how we came to be a part this exciting community forum. Over three years ago, Jerry Rothkoff traveled to the Netherlands as part [...]

By |2020-06-15T17:50:30-04:00June 15th, 2020|Assisted Living, Blog, Elder Care|

Assisted Living Facility Costs as Tax Deductions

Many caregivers of our clients who are residents of an assisted living facility inquire as to the tax deductibility of the costs of assisted living expenses.   The IRS provides rules for deducting certain qualified long-term care costs as medical expenses. Normally, the costs of nursing home care should be deductible, but the status of Assisted Living Facility (ALF) costs has not been as clear. For ALF residents, qualified long-term care costs are “necessary rehabilitative services, maintenance or personal care services that are (1) required by a chronically ill individual, [...]

By |2020-08-21T11:59:53-04:00January 27th, 2020|Assisted Living, Blog|

Nanny Cam Program Available From the NJ Division of Consumer Affairs

New Jersey’s “Safe Care Cam” program has recently lead to the filing of abuse charges against a private caretaker allegedly caught on hidden camera assaulting 90-year-old Woman residing in a Bergen County assisted living facility. The Safe Care Cam program is designed to address New Jersey’s growing concerns about elder abuse, a fear being fueled nationwide by increased media accounts of caregivers caught on hidden cameras physically or verbally assaulting their charges. The NJ Division of Consumer Affairs created the Safe Care Cam program to make cameras and memory [...]

By |2020-08-25T11:33:14-04:00January 21st, 2019|Assisted Living, Blog|

Assisted Living Options in PA and NJ

Did you know that this week is National Assisted Living Week? For more than two decades, National Assisted Living Week has been celebrated every year, which aims to recognize the crucial role that assisted living centers play in the lives of seniors and others with disabilities. Each year, those affiliated with assisted living are appreciated and recognized, and National Assisted Living Week can help get everyone get better acquainted with what assisted living facilities can do to maintain the highest quality of life for those who need such assistance. [...]

By |2020-08-25T12:23:45-04:00June 15th, 2018|Assisted Living, Blog|

Assisted Living Facility Costs as Tax Deductions

As tax season approaches, caregivers of assisted living residents typically have questions regarding the process for deducting assisted living facility (ALF) costs on federal individual income tax returns. The Internal Revenue Code (IRC) provides rules for deducting certain qualified long-term care costs as medical expenses. Normally, the costs of nursing home care should be deductible, but the status of ALF costs has not been as clear. For ALF residents, qualified long-term care costs are “necessary rehabilitative services, maintenance or personal care services that are (1) required by a chronically [...]

By |2020-08-27T12:48:56-04:00February 4th, 2017|Assisted Living, Blog|
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