Estate and Elder Law

Recent Posts

Bipartisan House letter urges House Speaker Nancy Pelosi and Minority Leader John Boehner to extend state Medicaid assistance
Posted on 14 May 2010 by LexisNexis Estate and Elder Law Community Staff

In a May 7 th letter, members of the House of Representatives urged House leaders to swiftly extend an increase in the Federal Medical Assistance Percentage (FMAP), which helps fund nursing homes and Medicaid programs. The extension, which is included... Read More

Harkness on Enforceability of Nursing Home Arbitration Agreements
Posted on 3 Apr 2009 by Donna S. Harkness

Inclusion of arbitration agreements within nursing home admissions contracts is a growing trend, and arbitration is being used by long term care providers as a means to keep malpractice and other negligence claims from coming before a jury. In this Commentary... Read More

Eradicating Elder Abuse in California Nursing Homes
Posted on 5 Mar 2012 by LexisNexis Estate and Elder Law Community Staff

By Linda K. Chen * * J.D. Candidate, Santa Clara School of Law, 2012. Excerpt from Eradicating Elder Abuse in California Nursing Homes, 52 Santa Clara L. Rev. 213 (2012) Introduction For weeks, three certified nursing assistants (CNAs) at... Read More

Article Says Nursing Home Care Improves, but a Huge 35% Receive the Lowest Rankings
Posted on 13 Mar 2012 by Dave Tate

By David W. Tate According to the following article nursing home care is improving based on federal inspections, Click Here , but nursing homes that receive only one and two stars out of a total possible five stars still stands at a huge 35%, and nursing... Read More

NY Times Article, Fewer Beds for Men Entering Nursing Homes
Posted on 6 Mar 2012 by Dave Tate

By David W. Tate The following is a link to a New York Times article re fewer beds for men entering nursing homes. According to the article, nursing homes like the elderly population are heavily female. Since Medicaid will only pay for a two-person... Read More

OIG Report: Medicare / Nursing Home Payments that Exceed National Norms Raise Fraud Concerns
Posted on 18 Jul 2011 by LexisNexis Estate and Elder Law Community Staff

From the Office of Inspector General: Payments for Medicare Part B Services During Non-Part A Nursing Home Stays in 2008 Summary We found that Medicare paid $4.9 billion in 2008 for Part B services during nursing home stays not paid for... Read More

Greene v. County of Sonoma et al.: Sonoma County Separates Elderly Gay Couple
Posted on 30 Apr 2010 by LexisNexis Estate and Elder Law Community Staff

Recently, Clay M. Greene, a 78-year-old gay man from Sebastopol, CA., filed a lawsuit against Sonoma County, accusing the County of, among other claims, elder abuse, elder financial abuse, and violation of the Patient's Bill of Rights. Mr. Greene... Read More

Duane Morris LLP: Deadline Looming (March 23, 2013) for Nursing Facilities to Have "In Operation" an "Effective Compliance and Ethics Program"
Posted on 30 Jan 2013 by Duane Morris LLP

On March 23, 2013, it will have been three years since President Obama signed the Patient Protection and Affordable Care Act (ACA) into law. This date is a significant one for the nursing home industry, not because it marks the third anniversary of the... Read More

Eradicating Elder Abuse in California Nursing Homes
Posted on 5 Mar 2012 by LexisNexis Estate and Elder Law Community Staff

By Linda K. Chen * * J.D. Candidate, Santa Clara School of Law, 2012. Excerpt from Eradicating Elder Abuse in California Nursing Homes, 52 Santa Clara L. Rev. 213 (2012) Introduction For weeks, three certified nursing assistants (CNAs) at a California... Read More

Harkness on Enforceability of Nursing Home Arbitration Agreements
Posted on 3 Apr 2009 by Donna S. Harkness

Inclusion of arbitration agreements within nursing home admissions contracts is a growing trend, and arbitration is being used by long term care providers as a means to keep malpractice and other negligence claims from coming before a jury. In this Commentary... Read More

Love May Not Be Enough: Forced to Divorce to Pay for Long-term Care
Posted on 29 Mar 2010 by Sandra L. Smith

Divorce rates in the U.S. have skyrocketed over the past few decades, even among those over age 65 years of age. Elder law attorneys suspect that issues regarding money may be to blame for the rising divorce rates among the elderly. Instead of fighting... Read More

America's Best Nursing Homes
Posted on 13 Mar 2010 by Sandra L. Smith

A recent U.S. News & World Report article provided rankings of America's Best Nursing Homes. The federal Centers for Medicare and Medicaid Services (CMS) collects data on nursing homes and rates them in its Nursing Home Compare program... Read More

3 Questions To Consider When Pre-Planning For A Nursing Home
Posted on 27 May 2011 by Sabrina Winters

By Sabrina Winters The decisions regarding placing a family member into a nursing home are some of the toughest that a spouse, child or family member will be faced with. The decision is not just based on finances, but is deeply rooted on emotions... Read More

Illinois Attorney General Leads South Side Nursing Home Sweep
Posted on 30 Apr 2010 by LexisNexis Estate and Elder Law Community Staff

Illinois Attorney General Lisa Madigan led law enforcement officials in the latest raid of a Chicago nursing home facility. In the unannounced visit, three felons were arrested at Presidential Pavilion. Others discussing this hot topic include... Read More

Williams Mullen: OSHA To Take A Close Look At Nursing Homes
Posted on 16 Jun 2011 by Williams Mullen

BY: HEATH H. GALLOWAY In its May 24, 2011, Daily Labor Report ®, the Bureau of National Affairs, Inc. ("BNA") 1 reported that the Occupational Safety and Health Administration ("OSHA") is developing a national emphasis program... Read More