News - Center for Elder Law & Justice

Erin Riker, Esq. Coordinator, CELJ Legal Advice Helpline This blog entry contains information about changes in laws, emergency declarations, and other government actions that affect your life in the wake of the COVID-19 outbreak. This is a rapidly developing situation, so this article will be updated regularly as conditions change. This entry is current as…

Free legal services are in imminent danger of facing devastating cuts. We are deeply concerned about the potential $8.4 billion cut in the New York State Aid to Localities budget, which could gut civil legal services across NYS. These services help individuals and families obtain vital resources, such as healthcare, critical benefits, safe housing, stable income,…

submitted by Lindsay Heckler, Esq. On May 10, 2020, Governor Cuomo issued Executive Order No. 202.30 Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency. To summarize, every nursing home and adult care facility is required to test (or arrange to have tested) all staff twice a week, pursuant to a plan…

Senior woman sitting on the wheelchair alone

submitted by Liam McMahon, Paralegal On May 8th the Centers for Medicare & Medicaid services published a new rule for nursing homes that will change what COVID-19 information they are required to report to residents, their family and representatives, and CMS itself. Those requirements are detailed below, along with where residents and family can turn…

May 7, 2020: Buffalo News, “New York doesn’t count nursing home workers infected by Covid-19” May 6, 2020: WBFO, “WNY has at least 150 deaths across 24 facilities, but death toll may be even higher” May 6, 2020: WBEN, “Is vaccine needed for nursing homes to reopen?” May 6, 2020: WBEN, “Attorney Lindsay Heckler of…

Centers for Medicare & Medicaid Services recently announced the creation of an independent commission to address safety & quality in nursing homes, that will conduct a comprehensive assessment of the nursing home response to the 2019 Novel Coronavirus (COVID-19) pandemic. The Center for Elder Law & Justice welcomes the commission and are pleased to see…

Recently, Governor Cuomo announced a focused effort to investigate nursing homes when they violate new requirements that impact resident safety (see https://elderjusticeny.org/new-york-state-nursing-home-inspections/). The state should focus on nursing homes that have a history of poor infection practices and insufficient staffing. In the August 2019 report from Long Term Care Community Coalition, 16 nursing homes in…

On April 23, Governor Cuomo announced a focused effort by the State Department of Health (DOH) and the State Attorney General (AG) to investigate nursing homes who violate Executive Orders that require nursing homes communicate COVID-19 test results and deaths to residents families. In addition, Governor Cuomo announced that DOH will inspect facilities that have…

submitted by Lindsay Heckler, Esq. The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) authorized Economic Impact Payments to many in the country. Individuals who live in nursing homes are eligible to receive the Payment, and since Medicaid is the primary payer of nursing home care, the majority of nursing home residents will likely…