News
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 [...]
Will Your Traditional Medicare Change?
When a new Medicare beneficiary becomes eligible for enrollment, there are two general options for coverage, Traditional Medicare or Medicare Advantage. While Medicare Advantage is gaining in popularity, the majority of seniors still elect Traditional Medicare because it gives them the freedom to choose their providers and manage their own care. However, with the creation of the pilot Medicare Direct Contracting program (DC), some seniors may unknowingly have their care managed by for-profit companies anyway. Created by the Center for Medicare and Medicaid Services late in the Trump administration, the Medicare DC program allows private insurance companies and other for-profit [...]
Social Workers: The Unsung Heroes
March is the month to honor unsung heroes of the workforce: social workers. There are over 700,000 social workers in the United States, and the profession is growing. Social workers dedicate their lives to helping others navigate challenges. They counsel those with mental health and addiction issues, help families navigate foster care and adoption, counsel students, and are essential in a myriad of interdisciplinary teams, including those in hospitals, advocacy organizations, and elder law firms. When I transitioned to the practice of elder law, it was important to me to work for a firm employing social workers. After 10 years [...]
Senior Resources: Social Work, Care Coordination, and Elder Law
For families with aging loved ones, having the right mix of senior resources can make life care planning easier and more effective. Many people often question the role of a care coordinator in an elder law firm, but in our practice, including social work in long-term legal and elder care planning makes perfect sense. After all, Rothkoff Law Group is an elder care law firm. How many times have your peers encouraged you to see an elder law attorney for your loved one? Many of your peers may have found themselves in times of crisis in which they not only felt [...]
Living Will and Dignified Aging: Have the Conversation
As loved ones age, having the discussion on dignified aging and a living will can be challenging and emotional for families. Considering that spring is arriving and it appears the world may be opening up a bit more (hopefully), families will start reconnecting, spending quality time together, and planning vacations. Since the start of the pandemic, many families forewent these gatherings in an effort to avoid unnecessarily exposing themselves or loved ones to COVID-19. However, since late 2021 and increasingly so, families are spending more time together. Considering how long it’s been since these families have sat together, this may [...]
Biden Administration Announces Significant Nursing Home Reform
In an effort to improve the quality of care for nursing home residents, the Biden Administration has announced plans for sweeping nursing home reform. As you are aware, the pandemic has been devastating to nursing home residents. COVID-19 has not necessarily caused all the recent issues with nursing homes. Issues regarding staffing, quality of care, and private investors’ role in the nursing home industry has existed long before anyone heard of COVID-19. The pandemic simply brought these issues to the surface. As a result, on February 28, 2022, the Biden administration announced it would be implementing a variety of nursing home reforms, including the [...]
Medicare Fraud and Unlawful Practices
Most Medicare enrollees have suffered phone calls, commercials, and mailings trying to entice them into switching plans, but how do you know when these offerings are legitimate? If you are feeling pressured into joining a plan, it is important to remember that many insurance agents and brokers may receive a large fee for securing your enrollment. It is important to recognize when a health insurance company or a health insurance advisor may not have your best interests in mind. The widespread privatization of Medicare benefits can lead some seniors, or disabled individuals, to experience Medicare fraud. Medicare has many regulations [...]
Interview Questions for Hiring a Caregiver for Seniors
As your parents grow older and start facing certain health-related issues, you will want to ensure that they receive the best care possible, particularly when hiring a caregiver. Even if you have the drive and the availability to care for your parents yourself, you may quickly realize that caring for ailing parents can be extremely challenging and stressful. However, it can be difficult to find the perfect caregiver for your parents. This is especially true today given the difficulty in finding a quality caregiver in light of COVID. There is a huge factor of trust involved in hiring a caregiver [...]
Changes to Medicare in 2022
Every year there are a few tweaks and changes to Medicare, the federal health insurance program for those 65 and older. The most predictable changes: increased premiums and deductibles. 2022 brings the largest Medicare Part B increase in history–a $21.60 increase. The 2022 premium is $170.10. Medicare Part B covers physician appointments and outpatient services. Reasons for the increase include: Rising healthcare costs due in part to COVID-19 A congressional act to lower the planned 2021 Part B premium with the difference being repaid via the 2022 increase CMS’s decision to save money to cover the expense of the potentially [...]
Extension of the 3-Day Prior Hospitalization Waiver
What does the 3-Day Prior Hospitalization waiver extension mean for seniors seeking skilled nursing facility-level care? Over the course of the COVID-19 pandemic, the Centers for Medicare and Medicaid Services issued several waivers in response to the Public Health Emergency. These waivers were scheduled through at least January 2022. In January, it was determined that the 3-Day Prior Hospitalization waiver would remain in effect at least through April 16, 2022. This waiver allows for Medicare coverage of skilled nursing facility level of care without a qualifying hospitalization. Under the traditional Medicare guidelines, a Medicare beneficiary must be admitted to a [...]
Aduhelm Coverage: Medicare’s Decision for the New Alzheimer’s Drug
On January 11, 2022, the Centers for Medicare and Medicaid Services (CMS) proposed that Medicare would offer Aduhelm coverage. Aduhelm is a drug for the treatment of mild Alzheimer’s disease, only as part of a clinical trial approved by CMS or supported by the National Institutes of Health (NIH). The trial will help to generate the evidence that CMS suggests is currently lacking regarding whether Aduhelm is reasonable and necessary for the treatment of Alzheimer’s disease. This preliminary National Coverage Determination (NCD) comes after months of handwringing over the potential impact of this new high-priced drug on Medicare spending and [...]
Life Lessons from Seniors: Navigating Life and Loss
Learning to listen and taking life lessons from seniors are a gift we should never discount. A reflection shared should be a reflection cherished. How do you make a full and meaningful life when you can’t do so many of the things you once did? This is the question New York Times reporter, John Leland, has attempted to answer in his seven-year, twenty-one article series interviewing seniors nearing the end of their lives. Some of their thoughts on leading a meaningful life include, “don’t brood about the things you can’t reach; live as if your time is limited; focus on [...]
2022 Consumer Electronics Show Features Elder Care Technology
Big tech is lending its innovations to the care of seniors with new elder care technology. As I’ve written before, care costs (whether acute or long-term) continue increasing, as they have for years. As elder care advocates we deal with these growing costs daily and have seen this trend for years. However, another issue has risen over the past year or two: a dearth of caregivers. The number of CNAs, home health aides, and LPNs is dwindling for a variety of reasons: a growing need by aging adults, the pandemic, low pay, hard work, and reduced immigration. As a result, [...]
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 [...]
CMS Update on Nursing Home Information Disclosed to Public
In a recent CMS update, the public will now have access to new information about nursing homes that were previously undisclosed. According to a report by the Center for Medicare Advocacy, in response to questions from reporters, the Centers for Medicare & Medicaid Services (CMS) has stated it will now publicly post all civil money penalties imposed against nursing facilities, whether or not the fines have been paid. Up until now, CMS has refrained from publicly disclosing unpaid fines. Arguably, CMS’s former policy rewarded bad behavior by facilities, such as refusal to pay fines, by keeping the federal fines hidden [...]
