elder law Archives - Page 4 of 5 - Tanya Hobson-Williams

Nursing Homes Attempt to Lure in More Medicare Patients to Increase Profit

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.

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Proposed Rules to Retirement Savings Investments Require More Transparency from Brokers

After four years of planning, federal regulators of the U.S. Labor Department proposed rules that would strengthen the protection of those investing their retirement money. The new rules would require that brokers owe a stronger fiduciary duty to their clients. Currently, the rules are vague and use ambiguous language, allowing brokers to skirt around the guidelines and in many instances, put their own investment interests first.

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Proposed Changes to VA Pension Eligibility Rules

The Department of Veterans Affairs has proposed new rules affecting VA pension eligibility that would place restrictions on asset transfers with a penalty period that could last up to a decade; limit home lot sizes to two acres; and cap home health care expenses. The National Academy of Elder Law Attorneys and veterans advocates believe the enactment of this proposed rule could cause severe harm to veterans in need of long term care, and their families. The new rules are more restrictive than Medicaid by disallowing the use of trusts and annuities as long term care planning tools.

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Senior Citizen Rent Increase Exemption Program

New York City rental prices seem to continue to rise without any foreseeable decline. As a result, reasonably priced housing has become a coveted treasure city-wide.

However, through the Senior Citizen Rent Increase Exemption Program (SCRIE) renters who are 62 or older with yearly incomes below $50,000 may be eligible for exemption from all or some increases in rents, carrying charges, capital assessment or voluntary capital contributions.

Recent changes to the Senior Citizen Rent Increase Exemption (SCRIE) has expanded eligibility by increasing the maximum annual income to $50,000 from $29,000.

Lawmakers speculate that in the next ten years, New York City will see a 30% increase in the senior adult population. They further point out that New York City is home to the highest number of foreign-born senior citizens in the nation. As a result, more low-income seniors are seeking an affordable place to retire. Continue reading “Senior Citizen Rent Increase Exemption Program”

Expert Health Committee Recommends Major Changes to U.S. Health System

End of life care refers to the treatment of patients in the final hours or days of their lives, as well as the health care of all those with a terminal illness or a terminal condition that has become advanced, progressive and incurable.

A national panel recently appointed by the Institute of Medicine, the research branch of the National Academy of Sciences, released a report on September 17, 2014. The report stated that the United States’ system for handling end-of-life care is largely inept, thus necessitating a major makeover.

The report was authored by a 21-member nonpartisan committee comprised of doctors, nurses, insurers, religious leaders, lawyers and experts on aging. It called for major overhauls in the industry, and noted that many of its recommendations could be accomplished without the necessity of the often slow-moving legislative process.

The 507- page report called for a “major reorientation and restructuring of Medicare, Medicaid and other health care delivery programs,” as well as the elimination of financial incentives that are alleged to encourage expensive hospital procedures over low-tech services like home health care and pain management, particularly for sick and elderly patients. Continue reading “Expert Health Committee Recommends Major Changes to U.S. Health System”

Nursing Home Subject of State Investigation Amid Recent Death

The Office of the New York State Attorney General and the New York State Department of Health have recently commenced an investigation into the July 20^th death of a 71-year-old female resident of a Medford nursing home.

According to sources, the deceased, who was housed in ventilator unit, suffered from acute and chronic respiratory failure and had lived on the unit for six years.

The deceased’s family alleges that the victim passed away because she was not attached to her ventilator. Specifically, they claim that the elderly victim died after her ventilator mechanically malfunctioned causing her to be unable to breath. The family further alleges that the nursing home’s employees disregarded alarms alerting them that victim was not receiving sufficient oxygen.

This is the second death at the nursing home’s 40-bed ventilator unit, which is under investigation. In June of 2014, several Medford employees were charged with various crimes ranging from patient abuse and neglect to falsifying business records in connection to the death of a different resident in 2012. Continue reading “Nursing Home Subject of State Investigation Amid Recent Death”

Federal Government Introduces New Efforts to Combat Elder Abuse

In an effort to combat elder abuse in the United States, the Obama Administration recently released a program outline titled “The Elder Justice Roadmap”.

The Elder Justice Roadmap will be used to develop strategic plans and provide guidance in tackling the highest priority challenges to elder abuse prevention and prosecution.

Aiming identify the most critical priorities in elder abuse issues, The Elder Justice Roadmap derives its content from the opinions of hundreds of experts and innovators from across the country.

Using this collective data, proponents of the initiative hope to develop strategies to raise public awareness about elder abuse, conduct research about the costs of elder abuse, develop better treatment options for victims, and inspire a more active involvement from the private sector. Continue reading “Federal Government Introduces New Efforts to Combat Elder Abuse”

Medicare Prescription Drug Abuse on the Rise

A recent examination of federal data conducted by USA Today has recently revealed that the number of U.S. senior citizens receiving narcotic painkillers and anti-anxiety medications under Medicare’s prescription drug program is sharply rising. Recreational drug use can still be classified under medication-related problems (MRPs). Caregivers can play a key role in identifying and managing substance abuse issues, however, they may also be held liable if they fail to notice the signs of substance abuse.

According to the data collected between, 2007-2012, the number of senior patients receiving Medicare prescriptions for opioid-based pain medications has increased by more than 30 percent to upward of 8.5 million beneficiaries.

Specifically, the use of the most commonly abused painkillers, like hydrocodone and oxycodone, rose by more than 50 percent. The data also showed a significant increase of the personal supply of each narcotic provided to the average recipient rose about 15 percent over approximately three months. Continue reading “Medicare Prescription Drug Abuse on the Rise”

Kansas Toughens Penalties for Elder Fraud

Fraud and financial abuse of the elderly is more widespread than you may realize. It may even be on the rise due to longer life expectancy and an aging population. Sadly, elder fraud and abuse appears in many forms, affecting millions of senior citizens and their families throughout the United States. These crimes go largely unseen because many seniors do not recognize when it happens to them or may be too ashamed to speak up. The State of Kansas and its lawmakers are standing up against elder law fraud and abuse by drafting measures that create harsher punishments for future offenders.

A new law signed by Governor Brownback of Kansas, is a “first step in the right direction,” to better protect Kansas senior citizens against fraud and financial abuse, said Attorney General Derek Schmidt. The law applies when a victim of financial abuse is over the age of 70-years-old and it “substantially enhances” penalties for stealing from an elderly person. If convicted of large-scale financial abuse, an offender could face more than 40 years in prison. Additionally, the new law makes it a criminal offense to misuse a trust or power of attorney to misappropriate an elder person’s life savings. Continue reading “Kansas Toughens Penalties for Elder Fraud”

Medicaid Myths

We all expect and hope to have long and healthy lives. However, the truth is, no one lives forever and all too often health issues and accidents occur, leaving many individuals unprepared and in trouble. But there is something you can do to ensure you are never put in this position: PLAN! By planning ahead, you are able to answer the tough questions and make arrangements while you are in good health and mind.

The harsh truth is that 7 out of 10 people over the age of 65 will require expensive long-term care at some point. Would you be able to foot the bill for an extended stay at a nursing home, assisted living facility or at-home care for you or your spouse? Even if you could, would you prefer to pass your savings and other assets to your loved ones rather than have those assets depleted by costly long term care expenses? To protect your lifestyle and assets, Medicaid Planning is necessary.

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