Abuse of Powers of Attorney Is Widespread, Hard To Prevent It has become a commonplace problem to every advocate for the elderly or those with diminished abilities. Agents using powers of attorney take financial advantage of the person who gave them the power of attorney, and sometimes cause more than just financial problems. Think your […]

Medicaid Proposes Allowing Recipients to Direct Own Home Care Medicaid beneficiaries who need help living at home could soon choose to receive a cash allowance to hire their own home care workers or even pay a family member to deliver their care. Currently, Medicaid beneficiaries who need help with activities of daily living like bathing […]

Feds Suggest You Keep Close Eye On These Nursing Homes If you are looking for a nursing home placement for a family member — or yourself — you might be interested to know about the latest resource offered by the federal government. A list of 56 nursing facilities meriting “special focus” because of problematic levels […]

New Study Shows Hospice Saves Money For Medicare We, at our office, constantly tout the advantages of hospice services to our clients and their families who can benefit from this valuable service. The findings of a recent major new study confirm the value of hospice care in America by showing that hospice services save money […]

Study Suggests Changes In Long-Term Care Insurance According to a recent study from the Center for Retirement Research at Boston College, insurance remains a small player in the business of financing long-term care. While Medicaid paid roughly half the cost of all long-term care in 2005, insurance was the source of just 7% of that […]

Nursing Home Industry More Profitable But Care Grows Worse By: Jerold E. Rothkoff The last few years have seen a turnaround in the nursing home industry across the United States. After years of decreasing profitability, bankruptcies and near-bankruptcies, government cost-cutting and huge legal costs arising from individual cases of substandard care, a new phenomenon has […]

TOP TEN RED FLAGS OF ELDER FINANCIAL AB– USE By: Jerold E. Rothkoff I am in the process of working on a presentation on consumer frauds and elder financial abuse I will be presenting in October to social workers and nursing home and assisted living administrators. In many instances, the elder financial abuse involves an […]

New Pennsylvania Assisted Living Law: Is PA Medicaid Coverage of Assisted Living in the Future? Last week, I attended a two-day Elder Law Conference in Hershey, Pennsylvania. The attendees received updates on important legislative and legal developments involving seniors and those with disabilities. One of the important recent legislative developments concerns assisted living in Pennsylvania. […]

Demographics of American Aging Explored in New Report Anyone paying even the slightest attention knows that the American public is aging, that the population of seniors is growing faster than other age groups, and that the “baby boomers” will be putting new pressures on an infrastructure already stretched thin by changing demographics. A new report […]

PERSONAL CARE SERVICE CONTRACTS FOR NURSING HOME RESIDENTS A recent Louisiana appellate case provides insight regarding the use of personal care service contracts for persons residing in nursing homes and who may be receiving Medicaid assistance. In Brewton v. State of Louisiana Department of Health and Hospitals (No. 06-CA-804, March 13, 2007), the Fifth Circuit […]

“GAO Report Criticizes Lax Oversight of Nursing Homes” Individuals with disabilities, confused and vulnerable seniors and patients recovering from medical procedures often end up staying in nursing homes for weeks, months or years. Quality of care in those facilities is obviously important, and yet difficult to monitor. The good news: since most nursing homes accept […]

“Looking at the Full Picture” By: Jerold E. Rothkoff As an elder and disability law firm, we typically represent individuals with chronic illness. These clients generally are frail, and sometimes have a relatively short life expectancy. As is human nature, when working with these frail clients, we sometimes forget the life that they have led, […]

“Shame of the State” On February 25, 2007, after an eight-month inquiry, the Philadelphia Inquirer published an extended article examining the condition of long-term care facilities in Pennsylvania. The conclusion appears in the article’s first line: “Peer into the files of Pennsylvania’s assisted-living industry and confront a catalog of horrors.” In “Shame of the State”, […]

Divorces Among the Elderly Are Costly, Increasingly Common By: Jerold E. Rothkoff As with all Americans, the elderly are divorcing more frequently than in earlier decades. The rate of increase for the elderly, however, may actually be higher than among their children and grandchildren. Perhaps not surprisingly, the oldest old (those over age 70) are […]