News
Sunday With Sinatra (and My Dad)
My dad loved Frank Sinatra. I vividly remember as a young child driving on Sunday mornings with my dad in his Oldsmobile 98, listening to Sid Mark and Sunday with Sinatra. As a young child, I did not understand how my dad could enjoy that type of music. Back in the 1970s, there was no escape from the Oldsmobile and Sinatra, as I did not have an iPhone, iPad, or satellite radio at my disposal. However, as I have aged, I have grown fond of Sinatra's music. It may have to do more with remembering the quality time I spent [...]
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 [...]
Dementia Care: Finding the Resources You Need
Finding quality dementia care is an important concern for countless families —and something we handle a lot with our clients at Rothkoff Law Group. The news recently reported Bruce Willis—an actor needing no further introduction—is stepping back from acting because he suffers from aphasia. Speculation furthered that he is suffering from cognitive impairment or dementia. This news felt oddly personal. I grew up watching Bruce in Die Hard, Die Hard II, as well as the other installments, along with countless other films of his. Beyond the personal effect, it also illustrates the hard truth that age-related illness, like dementia, knows [...]
An Eternal Love
“Love begins with a smile, grows with a kiss, and ends with a teardrop.” –– AnonymousAs is the nature of our elder care law practice, I usually meet our client or their spouse at a time when at least one spouse has deteriorated in health to the point of needing some form of long-term care. In some cases, a spouse has recently passed away. In others, a spouse passes during our representation. In most cases, the clients have been married for many years, typically over 50 years.I attempt to not only understand the current situation but also to obtain background [...]
Senior Travel Tips for Safety and Peace of Mind
With the start of the summer holiday season, going on vacation is something that many families look forward to, and having the right senior travel tips can help ensure everyone has a great time. A vacation with your family is a fantastic way to connect, make memories, spend quality time together, experience new things, or revisit places that are meaningful to you. As a family caregiver, planning a vacation is not just about thinking of all the wonderful things you'll do together and making sure you plan what everybody wants to do. You must also keep in mind your senior's [...]
The Importance of Interprofessional Collaboration in Elder Care
Interprofessional collaboration is a vital part of elder care, bringing together resources and expertise from different areas in order to assist a family or individual. According to the World Health Organization, health care is undergoing a significant transformation to reduce cost while improving quality and client experience. Interprofessional collaboration (IPC) and education are viewed as the best path forward to meet the complex needs of today’s clients under new reimbursement models. According to the World Health Organization, IPC occurs when multiple health workers from different professional backgrounds work together with patients, families, caregivers, and communities to deliver the highest quality [...]
How Can I Fight a Medicaid Transfer Penalty?
If you are planning to apply for Medicaid, whether for yourself or a loved one, it can be important to be aware of and, if possible, prepare for a Medicaid transfer penalty. If a Medicaid applicant has given away assets, inclusive of cash, bank account transfers, properties and/or vehicles, without receiving fair market compensation within the last five years, the Medicaid caseworker processing the application will impose a Medicaid penalty. What is a Medicaid Transfer Penalty? A Medicaid transfer penalty is a period of time during which Medicaid will not reimburse your long-term care provider for services, including home and [...]
Bobby The Pug: Life Lessons Learned
“We can judge the heart of a man by his treatment of animals.”-- Immanuel Kant During the pandemic, many people learned the value of having a pet as a companion for both comfort and support, especially those who never previously had a pet. My family and I have been dog owners since 1994, having adopted several pugs over the years. Our dogs have taught us many things, including the value of empathy. Our first pug was a very special dog named Bobby, who died in 2006. During the twelve years Bobby was in our lives, Bobby taught my family and [...]
Elder Law Fees and Investing in Peace of Mind
Elder law fees are often a concern for families seeking care and advocacy for an aging loved one. When I meet with professional partners or speak with someone who expresses a need for elder care law services, people are often intrigued that Rothkoff Law Group offers a flat-rate fee structure, as it is common for a law firm to bill per hour rather than a flat-rate. So why does Rothkoff Law Group do this? When a client or an involved family member or friend contacts Rothkoff Law Group, they are overwhelmed and confused about the uncertainties of what the future [...]
Advocating for Quality Long-Term Care in Pennsylvania
At Rothkoff Law Group, advocating for quality long-term care in Pennsylvania is a part of our day-to-day. As our loved ones age, their need for healthcare and personal assistance tends to increase. Whether your loved one is in the early stages of dementia, undergoing short-term rehabilitation after hospital admission, or in need of long-term nursing home care, accessing the best care and figuring out how best to pay for it can be overwhelming burdens. Wherever this journey begins, advocacy is important to address all of these issues. In pursuit of quality long-term care in Pennsylvania, our clients are often surprised [...]
Baseball: Uniting the Generations
“The game of baseball has always been linked in my mind with the mystic texture of childhood, with the sounds and smells of summer nights and the memories of my father.” –– Doris Kearns Goodwin Now that the MLB lockout has been resolved, it is time to play ball. Opening day at Citizens Bank Park is now scheduled for Friday, April 8th. Although the game of baseball is not as popular as it was when I was young, the sentiments of Doris Kearns Goodwin ring true with me. Those who know me well understand I have four main passions in [...]
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 [...]