Self-Directed Medicaid Home Care Options

For a multitude of reasons, even once approved for Medicaid, many families have been hesitant to move their loved ones to an Assisted Living or Nursing Home environment, opting instead for home care. However, home care through an agency comes with issues of its own, primarily rooted in staffing shortages. It is no secret that the United States’ aging population is growing, an impending crisis exacerbated and exposed by the COVID-19 pandemic. The Philadelphia Inquirer recently called out Pennsylvania’s lack of comprehensive eldercare solutions, rating their “level of preparedness at a ‘C’ or ‘D,’” not nearly good enough to match [...]

2021-11-09T16:22:42+00:00September 10, 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 [...]

2021-11-09T16:33:30+00:00June 17, 2021|

Thank you, Marie: An Anecdote from an Elder Care Lawyer

As an elder care lawyer, I have had the privilege of meeting and assisting countless families and seniors over the years. And over those years, some stand out in the mind…like Marie. In February 2017, Marie left her home and transitioned to a personal care home. Her husband was in poor health and in a nursing home. She had no children and needed an elder care lawyer to help her navigate these changes. Given her situation, Marie’s close friend scheduled a meeting with myself, Kathleen Magee, our Director of Care Coordination, and Marie to discuss how our team of elder [...]

2021-11-09T16:48:16+00:00May 18, 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+00:00March 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 [...]

2021-11-09T16:59:20+00:00March 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+00:00February 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+00:00January 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 [...]

2021-11-09T18:53:35+00:00January 22, 2021|
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