Tag: elder law attorney

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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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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Nursing Homes Using Guardianship Rights to Collect Debts

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.

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Elderly Misuse of Antipsychotics: A Disturbing National Trend

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.*

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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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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”

New Bill Targets Landlord Mistreatment of Senior Citizens

It is estimated that over 45 percent of New York’s senior citizens have been in their homes for decades. Most of these seniors are housed in rent-regulated apartments and recently, it has come to light that many landlords have engaged in unfair and cruel practices in an attempt to get rid of long-term tenants and make more money. The claims of such mistreatment of senior citizens began to multiply in 2013 and as a result a bill has been introduced in the New York City Council that will increase penalties of such behavior and hopefully send a message to the landlords of New York City.

The bill, which was introduced early in 2014, sets to double the maximum civil penalty to $10,000 for property owners who abuse seniors. The legislation would also place such property owners on a black list maintained by the city Department of Housing Preservation and Development. Continue reading “New Bill Targets Landlord Mistreatment of Senior Citizens”

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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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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  • Elder Law Attorney Serving Queens Bronx Brooklyn

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    Elder Law encompasses a broad range of legal matters. It is important for everyone, regardless of age or health, to plan for the future.

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