News
CMS Updated Nursing Home Regulation Guidance
On June 29, 2022, the Centers for Medicare & Medicaid Services (CMS) released much-awaited Phase 3 guidance along with updated Phase 2 guidance on nursing home regulation. The guidance was issued as the result of 2016 revisions to the Medicare Requirements for Participation for Nursing Homes. Due to delays caused by the COVID-19 pandemic, CMS is only now releasing the last set of guidance for nursing home regulation, which was originally scheduled to be released in 2019. The Phase 3 guidance offers significant updates to the requirements state oversight agencies must follow when surveying and assessing a nursing home's compliance [...]
Managing Senior Independence with AgeTech
Before We Drove, We Walked In our Elder Care Law practice, our Care Coordinators frequently encounter families who need assistance managing senior independence, such as loved ones who should no longer drive. Whether because of a cognitive incapacity or physical incapacity, driving safely is not something their loved one can manage. 90% of seniors aged 70 or over believe losing the ability to drive means a loss of independence. Because of this, these discussions are often met with frustration, anger, and sadness. Also discussed frequently, but with seemingly less anger or frustration, is the loss of one's ability to walk. [...]
I Wish You Could See Me Now
A letter to Lois Cohen, friend and family to Rothkoff Law Group, written by her grandson, Jared Fisch. Hi Bubbie, It’s me, Jared, your second of four grandsons. You'd be amazed by how tall Cameron and Jake have gotten. Jason started his first full-time job about two years ago, and now I graduated from college last month. There's so much to tell you about. I know you didn't have the opportunity to attend university and would have loved to live vicariously through me. I moved halfway across the country to attend the world's first and best journalism school at the [...]
What is the Community Spouse and the MMNA in Medicaid?
What is a community spouse, and how is one eligible for spousal allowance in the event their loved one is moved to a nursing facility? Before we answer, it’s important to first understand cost-sharing in Medicaid and qualifications based on income. Medicaid is a cost-sharing program, meaning that the Medicaid recipient shares in the cost of their care. Each nursing home has its own Medicaid reimbursement rate, or the daily rate that Medicaid pays them for its nursing home residents. The resident contributes a portion of their monthly income, and Medicaid makes up the difference. The resident’s income contribution is [...]
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 [...]
