Tanya Hobson Williams Archives - Page 3 of 7

Will the State Enforce Mandatory Arbitration Clauses in New York Nursing Homes?

The use of arbitration clauses by companies in all aspects of daily living has spread immensely across the country. The United States Supreme Court has recently held that the use of arbitration clauses is fully enforceable, and nearly impossible to overturn. With that being said, the Centers for Medicare and Medicaid Services (CMS) has limited the use of these clauses by implementing a new rule that restricts any nursing home receiving federal funding from requiring residents to resolve disputes in arbitration rather than in court. While the rule does not forbid arbitration completely, it does restrict the use of pre-dispute binding arbitration agreements. The rule will take effect over all nursing home admissions agreements signed after November 28, 2016.

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Attorney General Files Suit After Investigation into Tenant Harassment

In partnership with Governor Andrew Cuomo’s Tenant Protection Unit, a subpoena was issued in 2014 to investigate Marolda Properties and different landlord companies concerning allegations of tenant harassment and business practices.

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What is Medicaid Fraud?

There are several types of Medicaid fraud, such as those who receive Medicaid fraudulently. Medicaid recipient fraud may include an applicant falsifying information on the application and certification failure to disclose information about income and assets owned, and the failure to disclose income earned by a spouse or other household member. Other activities that can be deemed as fraud are loaning another person their Medicaid identification card, changing or creating a falsified order or prescription, using more than one Medicaid identification card, deliberately receiving excess, duplicative or conflicting medical service and/or supplies, and selling Medicaid-provided supplies to others.

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SCOTUS Declines Review of Debt Collection Case

On June 27, the Supreme Court declined to review a ruling by the United States Court of Appeals for the Second Circuit, allowing the decision in the class-action lawsuit against the debt collection company Encore Capital Group Inc., Midland Funding and Midland Credit Management to stand.

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Third-Party Debt Collectors Need to Follow New Regulations

As of 2015, new rules under the Fair Debt Collection Practices Act (FDCPA) went into effect. These rules regulate third-party debt collector communication and disclosure requirements. The aim of these reforms is to prevent predatory practices that deceive consumers for financial gain.

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New Bill Proposal Aims to Give More Rights to Tenants

A major problem for many buildings in New York City is leaking water which causes plaster to collapse and mold to grow. Many residents who face this issue are renters and not home owners. As such, these individuals have to wait for their landlords to address the problem while the problem, itself, persists or worsens.

Two years ago, New York City adopted a law that required landlords repair the “underlying conditions” that cause mold to flourish and ceilings to collapse. The problem is that in New York City, which houses nearly 3.5 million apartments, there is only enough resources to target 50 buildings a year for “underlying conditions orders.”

Indeed records show that since the law was passed in 2013, the city has targeted only 69 buildings, including thirty six in Brooklyn, twenty in the Bronx, eight in Manhattan, four in Queens, and one in Staten Island. Continue reading “New Bill Proposal Aims to Give More Rights to Tenants”

Attorney General’s Office Unveils Nursing Home Abuse Cover-Up

According to the New York State Attorney General’s Office, Dawn Weaver, a Licensed Practical Nurse, pleaded guilty to endangering a nursing home resident and falsifying business records.

These charges pertain to an incident on February 23, 2014, when a 93-year-old Wayne County Nursing Home resident fell while being transferred to the bathroom by a nurse aide. The supervising aide, Weaver, failed to follow nursing home protocol when she neglected to have the resident examined by a registered nurse before she was moved. Furthermore, Weaver failed to use a mechanical lift to remove the resident off of the ground, and subsequently failed to report the incident in the facility’s medical records.

Weaver then signed a facility report stating that the aforementioned event did not occur. More disturbingly, Weaver added that had the event occurred, she would have addressed it. However, when questioned by the Attorney General’s Office, Weaver admitted that the resident fell and that she and the aide manually picked up the resident without telling anyone about the fall. Continue reading “Attorney General’s Office Unveils Nursing Home Abuse Cover-Up”

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”

Tanya Hobson-Williams, P.C. Defends Client’s Marriage to Husband who was declared an Incapacitated Person Resulting in Wife Inheriting $3 Million Dollar Estate

On September 24, 2014, the Supreme Court of the State of New York Appellate Division: Second Department reversed a lower court’s order annulling the marriage between a younger woman and an elderly man. The Appellate Division determined that a new hearing on the man’s ability to enter into a marriage contract was warranted. Capacity, in a legal sense, refers to the ability to make a rational decision based upon all relevant facts and considerations.

The case involved an elderly man who was appointed a guardian by the New York Supreme Court to provide for his personal needs and property management. During the course of his guardianship, the elderly gentleman entered into a marriage with a younger woman. After being informed of the marriage, the guardian asked the Court to have a psychologist determine whether the elderly man had the capacity to enter into a marriage. After a hearing and testimony, the New York State Supreme Court determined that the elderly gentleman lacked the capacity to enter into a marriage, and, as a result, annulled the marriage.

On Appeal, attorney Tanya Hobson-Williams, representing the young woman, argued that her client was not given any notice that her marriage would be annulled and that she lacked the opportunity to be heard by the court before it ultimately decided to annul the marriage to her late husband. While the petition to appoint a Guardian for the elderly man requested a determination of the elderly gentleman’s capacity to handle his affairs, neither the Petitioner nor the Guardian ever requested that the marriage be annulled. Essentially, all that was formally requested of the court was to determine matters pertaining to the level of guardianship. Continue reading “Tanya Hobson-Williams, P.C. Defends Client’s Marriage to Husband who was declared an Incapacitated Person Resulting in Wife Inheriting $3 Million Dollar Estate”