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The Caregiver Advise, Record and Enable Act (CARE), signed by Governor Andrew Cuomo on October 14, 2015, has been fully enacted as of January 7, 2016. The law requires hospitals to allow a caregiver to be added to a patient’s record when being admitted. The law goes further in requiring hospitals to keep the caregiver well informed about how to care for the patient, even training the caregiver before the patient is discharged.
Continue reading “Caregivers Kept in the Loop with NY CARE Law”
The U.S. Immigration and Customs Enforcement and the Customs and Border Protection Agency are working together to combat a new trend of drug traffickers who fool seniors into becoming international drug mules. Traffickers either forge a relationship with seniors or promise inheritance or other monetary incentives. In targeting the elderly, traffickers hope that the drugs pass through security undetected. This scheme has worked to some degree because eighty-three U.S. citizens who fell victim to drug trafficking tricks have been arrested in foreign countries since 2013.
Approximately 65 million people collect Social Security benefits on a monthly basis, including retired and disabled workers. Typically the government adjusts Social Security benefits annually to reflect cost-of-living increases. The government recently announced that there will be no cost-of-living adjustment (COLA) for 2016. This is only the third time in the past 40 years that the Social Security Administration has not increased its payments.
Continue reading “No COLA Means Higher Medical Costs for Seniors”
The U.S. Senate introduced a bill that would allow doctors to be reimbursed by Medicare for providing end of life planning advice to their patients. This bill is called “The Care Planning Act,” and it would amend title XVIII (Medicare) of the Social Security Act. This legislation resulted from findings that because Americans are living longer, they are also facing more serious conditions later in life. The goal of the Act is to ensure that aging individuals with advancing illnesses understand their treatment options and can assist in making their health care choices before losing capacity. Previously, Medicare would not reimburse qualified health care professionals for this type of counseling.
Buying a home is the biggest investment many people will ever make. Finding the right home is a lengthy process requiring a great deal of time and money. Therefore, it is important to be fully aware of any defects in the property which you are purchasing.
Although New York was historically a “caveat emptor” state (in other words “buyer beware”), legislation has changed over the last decade to provide more protection to consumers. In New York, sellers are not required to disclose certain facts about a house, such as whether it was the site of a crime or murder, or whether it is believed to have supernatural activity. However, a seller is required by law to make certain necessary disclosures regarding the condition of the property.
Continue reading “What is a Person Selling their Home Legally Required to Disclose to a Buyer?”
Choosing a nursing home for yourself or your loved one can be challenging and emotionally taxing. With so many stories about nursing home abuse and neglect, it can take a lot of research to find a location you feel comfortable with. However, even the pricey nursing homes may not have the nicest accommodations or provide the best health care. A few weeks ago, the federal government put a new nursing home rating system into effect. The goal is to provide a more accurate rating system for nursing homes that reflects the quality of accommodation and care the residents receive. Approximately 80% of the nursing homes originally received 4 or 5 star ratings based on the old criteria. However, the ratings were mostly inaccurate due to the lack of specificity and different criteria of the previous rating system.
Continue reading “New Federal Nursing Home Rating System Causes Lower Scores”
A recent article on WealthManagement.com has reported that seniors feel the effects of inflation more than the rest of the population. Research shows that a major reason for this is due to the rising costs of healthcare. Although over the last three years, the costs of Medicare have tapered off due to the Affordable Care Act, J.P. Morgan Wealth Asset Management expects that Medicare costs will shift toward increasing 6.1% annually over the next twenty years. This means that a 65 year old paying $4,400 a year now will be spending $17,000 annually at age 85.
Continue reading “Seniors Feel the Effects of Inflation in Health Care Costs”
The New York Times recently exposed several startling scenarios in which nursing homes have attempted to gain guardianship rights over residents in an effort to collect payment. According to research done by Hunter College, the practice of nursing homes filing for guardianship of residents is becoming increasingly common. In the last ten years, out of 700 guardianship cases brought to court in Manhattan alone, 12% were filed by nursing homes.
Continue reading “Nursing Homes Using Guardianship Rights to Collect Debts”
A recent National Public Radio (NPR) investigation revealed that nearly 20 percent of senior nursing home residents receive some form of antipsychotic medications.
Similar reports, drawing from the NPR investigation, found significantly higher rates of antipsychotic drug usage concentrated in the Western New York area. In the Rochester region, data revealed that antipsychotic drug usage rates reached up to 30 percent.*
Continue reading “Elderly Misuse of Antipsychotics: A Disturbing National Trend”
A recent exposé by the New York Times revealed that as nursing homes revamp their facilities to include luxury living quarters, the disparity between the lavish amenities of short term accommodations, and the quality of care can be drastic. Although nursing homes are attempting to lure in patients whose short stays will be funded by Medicare dollars, in lieu of Medicaid, many patients are being discharged from the facilities before they have been rehabilitated. Or worse yet- they leave with more medical issues than they had upon admittance.
Continue reading “Nursing Homes Attempt to Lure in More Medicare Patients to Increase Profit”
Elder Law
Elder Law encompasses a broad range of legal matters. It is important for everyone, regardless of age or health, to plan for the future.
Guardianships
The legal system recognizes that some adults, whether due to disease, dementia, mental deterioration, or disability, are unable...
Medicaid / Medicare Fraud
Medicaid is a joint state and Federal program that provides insurance to individuals based upon their income and resources, while Medicare...
Reverse-Mortgage Foreclosures
Reverse mortgages are becoming an increasingly popular way for aging homeowners to refinance...
Landlord-Tenant
Landlord Tenant law can be a complex and confusing subject. Disputes over leases and rent payments are often emotionally...
Business Law
From the initial startup of your business to any issues you may encounter along the way, you can rely on Hobson-Williams, P.C. for effective...
Collections
Hobson-Williams, P.C. has a full-service debt collections department, with experienced debt-collection attorneys who will...
Real Estate Transactions
Many people question why they need an attorney to purchase or sell a home.
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