Elder Law Category Archives — New York Elder Law Attorney Blog Published by New York Elder Law Attorney

May 19, 2022

Avoiding Surprise Bill and Complications with a Recent Regulation

People are fortunately now not obligated to cover care received that was not part of the network if the care was given without that person’s consent. This is the result of a healthcare law that became effective at the beginning of 2020 and could lead to fewer insurance payment issues for many people.

The law’s safeguards from expensive medical bills, however, are only as valuable as a person’s awareness, understanding, and capacity to ensure enforcement of the protections occurs.

Surprise Bills Are Common

May 19, 2022

State-Run ACA Exchanges Create Alternative Plans

by Ettinger Law Firm

In 2020, President Biden and his administration as well as states throughout the country recently celebrated unprecedented gains in enrollment for the Affordable Care Act. Meanwhile, state-operated exchanges are striving to create alternative plans addressing outreach in the event that Congress fails to extend the Act beyond 2022. A substantial motivator for these enrollment gains in the Affordable Care Act.

The Role of State-Run Exchanges

Exchanges operated by the state are focused on plans for outreach and marketing in the event that Congress does not increase beyond 2022 a driver for enrollment gains. Some legislatures and healthcare experts have already warned that individuals could discover they are dropped off coverages and consumers might even end up in less advantageous plans addressing healthcare provided Congress fails to act within the corresponding window of time.

May 5, 2022

Economy’s Condition Thrives Off Obamacare

by Ettinger Law Firm

The states currently resisting Medicare are currently falling behind in job-market strength as well as the growth of income. Meanwhile, even the states that later signed up for Obamacare are witnessing more prosperous economies.

Obamacare created a substantial debate in the country before it was passed into law. One question raised by critics of Obama care is the measure’s impact on the economy. Supporters argued that Obama would help companies flourish because they would realize many of the costs associated with healthcare, while critics warned that Obamacare would result in tax increases.

Data after Obama’s decade-long existence now reveals that states that have fully embraced the measure are enjoying stronger economies than states that assumed these measures.

May 5, 2022

Minimum Nursing Home Requirements Become Effective in New York

by Ettinger Law Firm

The Governor of New York recently removed a three-month prohibition on a new regulation requiring nursing homes to satisfy minimum staffing requirements to provide patient care. Supporters of the regulation, which establishes minimum staffing ratios and requires that nursing home residents receive at least 3.5 hours a day of direct nursing care, have expressed satisfaction that the delay has ended.

Staffing Levels Are at a Difficult Low

One member of the 1199 SEIU union as well as a nurse at a Dunkirk nursing home has commented that over the last couple of years, times have occurred when she has been the only registered nurse on staff for several dozen residents. This nurse has commented that it is “heartbreaking” to even satisfy the basic need requirements of residents, which include things like personal hygiene.

May 5, 2022

Biden Regulations Do Not Qualify Families As Essential Caregivers

by Ettinger Law Firm

When the Biden administration proposed new nursing home regulations recently, some people were content while others were confused.

The regulation establishes minimum staffing requirements as well as advocates for stronger regulatory oversight and improved public details about the quality of nursing homes. These measures have been the subject of advocate campaigns for years. These regulations, however, do not address the right that residents have to contact family members and friends who provide caregiving services.

What Is an Informal Caregiver?

May 5, 2022

Restraining Orders by the Elderly Can Help Avoid Estate Planning Pitfalls

by Ettinger Law Firm

In some situations, courts throughout the country are able to stop other individuals from altering an elderly individual’s estate plan.

In one recent case, White v. Wear, the appellate court considered the creation of a restraining order blocking the respondent from performing any alternatives to estate plans. The order might preempt estate planning changes and as a result, eliminate a further dispute over the estate planning document.

The man at the heart of the case established a corresponding trust several decades ago with the

April 18, 2022

The Role of the Stop Unfair Medicaid Recoveries Act

by Ettinger Law Firm

Current federal regulations require Medicaid programs run by states to try to recoup the cost from estates of recipients who have since passed away even if the state would rather not pursue such recovery.

Medicaid programs must pursue compensation for the cost of nursing home services as well as home and community-situated services in addition to other associated services if a person who receives Medicaid was at least 55 at the time the services were provided. States have the choice to pursue recovery for other services due. The recovery is restricted by the size of the deceased individual’s estate. No other public benefit program requires that correctly paid benefits be received from a deceased Medicaid recipient’s family members. The minimum revenue created by estate recovery is surpassed by the burden it places on low-income individuals. The burden unfairly falls on families whose loved one’s experience

The Stop Unfair Medicaid Recoveries Act was introduced by an Illinois representative and if passed into law would revise the Social Security Act’s Title XIX to repeal requirements that states create a Medicaid Estate Recovery Program and restrict the circumstances when a state can institute a lien on property owned by a Medicaid beneficiary.

April 18, 2022

Instability in Nursing Home Staffing Impacts Resident Quality of Care

by Ettinger Law Firm

Nursing home staffing levels frequently decreased on weekends. In 2018, the Center for Medicare and Medicaid Services distinguished facilities with low staffing on weekends and ordered states to perform surveys in a section of those locations on weekends.

In January 2022, the Center started posting weekend staffing levels at nursing homes. Besides single staffing measures citing two reports about the need for additional staffing details on the Care Compare website.

Study Shows Value of Providing Public with Staff Information

April 10, 2022

National Institute of Health Bill Widens Medicare Telehealth

by Ettinger Law Firm

A recent National Institute of Health (NIH) grant will make the most of electronic health records (EHRs), as well as intelligent machine learning, to better diagnose circulatory illnesses. The package in question will bolster access to telehealth and increase its benefits for several years. This is not the only measure proposed to increase funding for necessary care and support for the country’s elderly population. This other measure will widen access to telehealth and widen its benefits for the next few years. Additionally, a third Senate bill is focused on increasing waivers for acute hospital-at-home care. This article reviews some of these potential measures to support the elderly in our country.

Increase Funding for Covid-19 Testing and Vaccination

The National Institute of Allergies and Infectious Disease recently awarded almost a million dollars to a part of Illinois to lower barriers associated with testing and vaccinating for COVID-19. This funding will aid an effort run by various academics throughout the country designed to combat the Covid-19 pandemic. The project leader academic intends to speak to a group of people who reside in East St. Louis in Illinois. This meeting will primarily be a face-to-face method of learning common reasons why people hesitate to get a vaccination or fail to follow government suggestions regarding Covid-19 precautions.

April 10, 2022

Social Security in 2022 and Beyond

by Ettinger Law Firm

The Social Security Program is 86 years old and has become a fundamental aspect of how many aging people pay for expenses. Despite its vast importance, social security is full of challenges and weaknesses.

Estate planning professionals once referred to a “three-legged stool” for retirement planning in this country. The three legs included a pension, personal savings, and Social Security payments. Pensions that secure income is not nearly as common as they once were. Furthermore, a very small portion of people in the United States has support from each of these three legs.

Since 1940, however, Social Security has remained a steadfast source of payment. Many people, however, are uncertain about the program’s future. While the program’s demise is not granted, Social Security’s funds are certainly on a downward trend and they must be fixed if they’re to last. If Congress fails to take action, very soon Social Security might lack the funds to pay its promised benefits.