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No COLA Means Higher Medical Costs for Seniors

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.

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Nursing Home Chain Settles with New York Attorney General for $600K

Recently, the New York State Office of the Attorney General announced that a New York nursing home chain, Elant, settled with its office for $600,000 stemming from claims that they benefited financially by prolonging residents’ stays longer than necessary.  The nursing home chain admitted that several patients who were meant to be short term were transferred to one of their locations in financial peril.  The transfer was against the wishes and consent of the residents and their families, and was meant to generate income for the location and assist in remedying the financial condition.  Attorney General Schneiderman remarked that his office is dedicated to combating such practices and will “find those who use patients to siphon off critical taxpayer funds.”

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Employees of Medford Multicare Found Guilty on Charges in Connection with Rehab Patient’s Death

Recently, five former health care workers at a nursing home facility were convicted of several crimes in connection with the death of a 72 year old rehabilitation patient.  A respiratory therapist and three nurses were sentenced to various jail terms and probation for the attempted cover–up of the circumstances surrounding the patient’s death.  In addition, another respiratory therapist entrusted with the patient’s care was convicted of criminally negligent homicide.

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New Law Grants Tenants Greater Protection from Gentrification

Mayor de Blasio recently passed a law that would grant greater protection to tenants and prevent landlords from forcing them to move out of rent controlled and rent stabilized apartments.

The law is designed to prevent landlords from forcing tenants to move from rent controlled and stabilized apartments so that landlords can then re-rent the apartments and charge higher rents.  Violation of the new law will result in significant fines.  Landlords may face penalties for a first time offense ranging from $1,000 to $10,000 for engaging in prohibited tactics in an attempt to get tenants to vacate.  Fines up to $20,000 may be imposed for additional violations.

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Nursing Home Employee Indicted on Charges Related to Resident Trust Account Theft

The New York State Attorney General recently announced that a former employee of a nursing home has been arrested and indicted on 24 counts related to stealing over $6,000 from a nursing home trust fund.  The indictment alleges Criminal Possession of a Forged Instrument in the Second Degree; two counts of Grand Larceny in the Fourth Degree; and seven counts of Petit Larceny for incidents occurring between April 2013 and February 2014.

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The Care Planning Act of 2015

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.

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What is a Person Selling their Home Legally Required to Disclose to a Buyer?

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. 

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Do I Need to Make a Living Trust, or is my Will Enough?

In New York State, a will is a written document that must contain a signature at the end witnessed by two people.  The purpose of a will is to name beneficiaries who will receive property after your death.  A will is revocable and can be destroyed by a physical act such as burning or tearing, by operation of law such as divorce, by presumption (for example, after your death the will cannot be found), or by a subsequent will.  Accordingly, a will may be revised many times during one’s life.  In a will, an executor for the estate and guardians for children may be named, and instructions for wishes to be carried out may be listed.  Upon death, a will goes through the probate process and becomes a public document.

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Tenants Awarded Free Rent for Living in On-going Construction

Recently, the New York State Attorney General’s Office reached a settlement with a real estate developer protecting tenants’ rights and prohibiting an unfair buy-out agreement.  In an effort to convert a historic Manhattan apartment building into a luxury condominium, the landlord illegally induced tenants to leave.  Before the developers received approval to put the apartments on the market, they illegally bought out tenants, many of whom had resided at the location for many years.

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New Federal Nursing Home Rating System Causes Lower Scores

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.

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Testimonials

“I want to take this time to thank Tanya and Keith for their professionalism and their ability to keep me calm during this process. Tanya was very helpful in explaining the whole guardianship process and my next steps. Despite my numerous emails, I never felt ignored or that they were growing weary of me. Even after being granted guardianship when I had an issue with the bank releasing money Tanya stayed calm and found a way to get what I was entitled to. I hope I never need to do this again but if I do, I will definitely come back to Tanya and her team. Thank you Thank you Thank you. Love from Bermuda.”

-K. Durham.
(An attorney in Bermuda transferring a Bermudian guardianship to NY)

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