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HEALTH CARE

UB Law Student’s Work Instrumental in Federal Court Medicare Win

Chief Federal District Judge Geraci’s January 26, 2018 decision in Elder v. Hargan, Case # 16-CV-290 FPG (WDNY), opens up a new door to obtaining Medicare coverage of medical care in a skilled nursing facility.   Noting the Secretary of Health and Human Services had misinterpreted her own regulations, Judge Geraci found “…[t]he regulations clearly contemplate…

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CELJ Comments on Proposed Regulatory Revision Allowing Arbitration Agreements

The Centers for Medicare and Medicaid Services (CMS) issued new nursing facility regulations in September 2016, which included consumer protections for residents, which prohibit nursing homes from forcing residents to arbitrate disputes.   CMS has now proposed to roll back these protections to permit nursing facilities to require residents to sign pre-dispute arbitration agreements before…

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ORIGINAL MEDICARE, MEDICARE ADVANTAGE AND PRIVATE HEALTH INSURANCE: CHOOSING BETWEEN ORIGINAL AND MEDICARE ADVANTAGE—PART 2

Continuation of last blog’s discussion of this complex and significant choice. c. Original Medicare and Medigap give you the flexibility to go to virtually any provider anywhere in the country. Medicare Advantage HMOs generally limit enrollees to networks, which don’t include all providers, require referrals to specialists, and will not provide coverage out of network…

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ORIGINAL MEDICARE, MEDICARE ADVANTAGE AND PRIVATE HEALTH INSURANCE: CHOOSING BETWEEN ORIGINAL AND MEDICARE ADVANTAGE

Medicare is basic health insurance for almost all Americans over 65 years of age, in addition to long-term Social Security Disability recipients and certain other limited groups of people.  It is usually a companion to the Social Security or Railroad Retirement benefit.  It is an insurance program, administered by the Federal government’s Centers for Medicare…

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HIPAA & Health Care Proxies

A recent article published in The New York Times highlights the confusion around the Health Insurance Portability and Accountability Act, also known as HIPAA.  The article is titled HIPAA’s use as Code of Silence Often Misinterprets the Law, and can be found here. The article notes that hospitals, doctors, and nurses often misinterpret the privacy…

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Caregiver Supports

At Legal Services for the Elderly, we often work with caregivers who assist clients by providing physical, medical, and emotional support.  We applaud the selfless work of these caregivers; taking care of an aging spouse, parent, friend, or relative can be very rewarding but is also incredibly stressful.  It is important to reach out if…

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