Gallardo v. Marstiller: Supreme Court Decision’s Impact on Personal Injury Settlement
Gallery
Gallardo v. Marstiller: Supreme Court Decision’s Impact on Personal Injury Settlement

Law Update

Gallardo v. Marstiller: Supreme Court Decision’s Impact on Personal Injury Settlement

The Supreme Court recently ruled 7-2 in Gallardo v. Marstiller, Secretary of the Florida Agency for Health Care, that the federal Medicaid Act does not preempt Florida's policies dictating how the state can obtain Medicaid reimbursements from third parties and that Florida was, therefore, able to seek reimbursement from personal injury settlement payments. Background in the Gallardo v. Marstiller case, according to the syllabus: "Petitioner Gianinna Gallardo suffered catastrophic injuries resulting in permanent disability when a truck struck her as she stepped off her Florida school bus. Florida’s Medicaid agency paid $862,688.77 to cover Gallardo’s initial medical expenses, and the [...]

Jerold Rothkoff2024-03-08T11:28:34-05:00June 14, 2022|

Death with Dignity: New Jersey’s Medical Aid in Dying for the Terminally Ill Act
Gallery
Death with Dignity: New Jersey’s Medical Aid in Dying for the Terminally Ill Act

Law Update, End-Of-Life

Death with Dignity: New Jersey’s Medical Aid in Dying for the Terminally Ill Act

Oregon has ended its residency requirement for the state's physician-assisted suicide law, known as the Death with Dignity Act, as a result of a pending lawsuit challenging the constitutionality of its residency requirement. Previously, you must have been a citizen of Oregon in order to avail yourself of Oregon’s Death with Dignity Law. The lawsuit, filed in October 2022 on behalf of Dr. Nicholas Gideonse, a Portland, Oregon physician, contended that restricting the right to die by state lines violated Oregon's Death with Dignity Act and the U.S. Constitution. Gideonse was working with the nonprofit organization Compassion & Choices, which [...]

Jerold Rothkoff2024-03-08T11:30:44-05:00April 5, 2022|

The No Surprises Act: New Ban on Surprise Medical Bills
Gallery
The No Surprises Act: New Ban on Surprise Medical Bills

Law Update

The No Surprises Act: New Ban on Surprise Medical Bills

The No Surprises Act brings new protections for patients in out-of-network care. Read on below to learn more. You are taking that ski vacation in Jackson Hole, Wyoming that you have been planning for all year. Well, things did not go exactly as planned. You ended up in the ER in Jackson Hole after fracturing your ankle on the ski slope, requiring surgery. Thirty days later, back home, you receive a bill for thousands of dollars for the medical services received because the services were performed by an out-of-network provider. 2022 brings new protections in such a scenario. Patients with [...]

Jerold Rothkoff2024-03-08T12:11:09-05:00January 7, 2022|

Important Update on Nursing Home Visitation Guidance from CMS
Gallery
Important Update on Nursing Home Visitation Guidance from CMS

Law Update, Assisted Living

Important Update on Nursing Home Visitation Guidance from CMS

On November 12, 2021, the Centers for Medicare & Medicaid Services (CMS) updated their Nursing Home Visitation Guidance. After over a year and a half of residents and their loved ones being separated from each other and subject to confusing and often ignored nursing home visitation guidance, visitation is now allowed at all times for all residents, including indoor visitations. All visitors must continue to adhere to infection prevention practices. Additional key points of new guidance include: Facilities can no longer limit frequency and length of visits, number of visitors, or require advanced scheduling of visits. Vaccinated and unvaccinated residents [...]

Jerold Rothkoff2024-03-08T12:13:08-05:00November 18, 2021|

Build Back Better Act Items of Interest to Seniors
Gallery
Build Back Better Act Items of Interest to Seniors

Law Update

Build Back Better Act Items of Interest to Seniors

The details of the Biden administration’s scaled-back budget bill titled the “Build Back Better Act” are out after several months of negotiations among Democratic lawmakers. Although there is a great deal out of the bill, such as Medicare coverage for dental and vision, the good news for elder care advocates is the $150 billion dedicated to Medicaid home and community services, along with regulations leading to a federally required nursing home staffing standard. Also, the bill does not include any estate tax changes. There is much more in the bill (or out of the bill, depending on your perspective). You [...]

Jerold Rothkoff2024-07-29T11:59:20-04:00November 4, 2021|

Arbitration Agreements in Nursing Home Admission Contracts
Gallery
Arbitration Agreements in Nursing Home Admission Contracts

Law Update, Assisted Living

Arbitration Agreements in Nursing Home Admission Contracts

On October 1st, a federal appeals court decided to uphold restrictions that limit the use of binding arbitration agreements in nursing home admissions agreements. Binding arbitration agreements prior to the rise of any actual dispute have been promoted for decades as a way to reduce expenses by providing an alternative dispute resolution method. When used properly, arbitration agreements can provide the parties with a less expensive forum to solve disputes. However, binding arbitration agreements have also been used by the business community to attempt to limit themselves from potential liability by having a party relinquish their right to bring [...]

Jerold Rothkoff2024-03-08T12:15:04-05:00October 8, 2021|

LGBTQI+ Senior Bill of Rights
Gallery
LGBTQI+ Senior Bill of Rights

Law Update, Aging

LGBTQI+ Senior Bill of Rights

New Jersey is one of four states leading the charge against discrimination based on sexual orientation in long-term care facilities. In March of this year, Governor Murphy signed S2545/A4388, known as the LGBTQI+ Senior Bill of Rights, into law. The new law, similar to those in Massachusetts, California, and Illinois, bans discrimination in long-term care communities based on gender identity and sexual orientation. The significance of the LGBTQI+ Senior Bill of Rights is twofold. First, it mandates the staff and administration of long-term care communities receive training on caring for and preventing discrimination against LGBTQI+ seniors. Secondly, the law establishes [...]

Rothkoff Law Group2024-03-08T12:23:42-05:00July 22, 2021|

How the $1.9 Trillion COVID-19 Relief Bill Impacts Seniors, Health Care
Gallery
How the $1.9 Trillion COVID-19 Relief Bill Impacts Seniors, Health Care

Law Update, Public Benefits

How the $1.9 Trillion COVID-19 Relief Bill Impacts Seniors, Health Care

The American Rescue Plan Act of 2021, commonly known as the COVID Relief Bill, became law on March 11, 2021. The law includes the widely publicized $1,400.00 stimulus checks and expanding vaccine distribution, in addition to increasing access to health insurance, funding for the long-term care community, and continued support for the Elder Justice and Older Americans Acts. For those on Medicaid, the the COVID Relief Bill stimulus check is not income or a resource for Medicaid purposes. The funds may be gifted penalty-free for the first 12 months. After 12 months, it is considered a resource impacting Medicaid eligibility. [...]

Rothkoff Law Group2024-03-08T12:31:06-05:00March 25, 2021|

There is No Place for Politics in Elder Care Law
Gallery
There is No Place for Politics in Elder Care Law

Law Update, Health Law

There is No Place for Politics in Elder Care Law

It is my personal opinion that there is no place for politics in elder care law. I recently discussed the election during a dinner conversation with a friend. We discussed our political views and opinions. He correctly observed he never sees political opinions on my Facebook or LinkedIn pages. He inquired why I chose not to engage in a political discussion, suggesting whether it was because I wanted to be perceived as apolitical from a business perspective. In a way, he was right, but not for the reasons he thought. Many years ago, I represented an elderly stroke survivor whose [...]

Bryan Adler2024-03-08T12:34:56-05:00November 11, 2020|

New Jersey CARE Act Signed by Governor Christie to Assist Family Caregivers
Gallery
New Jersey CARE Act Signed by Governor Christie to Assist Family Caregivers

Law Update, Caregiver

New Jersey CARE Act Signed by Governor Christie to Assist Family Caregivers

Last week, Governor Christie signed into law the New Jersey CARE Act, which will benefit caregivers and their families. The CARE Act is an acronym for Caregiver Advise, Record, Enable. The law will go into effect 180 days after the governor signed the law. The New Jersey CARE Act addresses the problems family members have when their loved one is discharged from the hospital. Often, a patient requires follow-up that family members are not trained to provide. For example, there may be a need to change dressings, monitor medication, or provide personal care, in which an adult child or spouse [...]

Jerold Rothkoff2024-03-08T12:44:52-05:00November 23, 2014|