HEALTH CARE
Call to action: use your voice to implement change!
submitted by Lindsay Heckler, Esq. At the Center for Elder Law & Justice, we advocate for quality of life and quality of care improvements in WNY adult care facilities and nursing homes. Below are two advocacy actions residents, families, and their supporters can take to make their voices heard and improve the quality of life…
Read MoreHome care access – delays and complaints
submitted by Kelly Barrett Sarama, Esq. At the Center for Elder Law & Justice, we help people navigate the complicated health care system, learn how their health insurance works, and how to access vital services such as home care. Even before the pandemic, we were monitoring the trend of a shortage in home care aides…
Read MoreThe New York State Department of Health must do more to ensure resident health and safety
The Office of the Comptroller released an audit that found the NYS Department of Health (DOH) efforts and transparency were controlled by the prior Executive’s narrative, and often misled the public, including when it came to the number of nursing home resident deaths. The audit also found that DOH was unprepared to respond to infectious…
Read MoreUpdated Visitation Guidelines for Adult Care Facilities
Submitted by Bria Lewis, Esq., Staff Attorney On March 3, 2022, NYS Department of Health (DOH) updated their visitation guidelines for adult care facilities (ACFs). These rules echo the guidelines that the Centers for Medicare and Medicaid Services released on November 12, 2021 (see previous CELJ blog post) for nursing homes. We welcome the updated…
Read MoreCurrent Nursing Home Visitation Requirements in New York State: What Visitors Need to Know
submitted by Bria Lewis, Esq., Staff Attorney On January 12, 2022, NYS Department of Health (DOH) updated their visitation guidance for nursing homes. These rules are in addition to CMS’ guidelines. CMS released an FAQ on December 23, 2021(recently revised on January 6, 2022) to provide clarification and examples on the visitation guidelines they released…
Read MoreCMS: Visitation in Nursing Homes is Allowed for All Residents at All Times
submitted by Lindsay Heckler, Supervising Attorney *UPDATE* NYS Department of Health directs nursing homes to follow CMS guidelines: visitation in nursing homes is allowed for all residents at all times. On November 16, 2021, the NYS Department of Health issued Dear Administrator Letter DAL-NH 21-27, accessed here, directing all nursing homes to immediately comply with…
Read MorePatient Right to Access Medical Records
submitted by: Bria Lewis, Esq., Staff Attorney New York State Law gives patients and other qualified individuals (including but not limited to Legal Guardians, Powers of Attorney, and Health Care Proxies) access to medical records. You can request your medical records from your physician or a health care facility (including hospitals, home care facilities, hospices,…
Read MoreResident Rights: When a Nursing Home Transfers a Resident to the Hospital and Refuses to Readmit
Submitted by Bria Lewis, Esq., Staff Attorney Recently, CELJ represented a client who was discharged from a nursing home to a local hospital with a transfer/discharge notice stating that the facility would not be able to take our client back. At the discharge hearing before the NYS Department of Health, the facility was unable to…
Read MoreNYS Department of Health Updates Visitation Guidelines for Nursing Homes and Adult Care Facilities
submitted by Bria Lewis, Esq., Staff Attorney On July 8, 2021, the NYS Department of Health (DOH) issued updated guidelines for visitation for both nursing homes and adult care facilities (ACFs). These guidelines supersede and replace any previously issued guidance regarding visitation. DOH states that regardless of how visitation is conducted, nursing homes and ACFs…
Read MoreEmergency Regulations for Personal Caregiving and Compassionate Caregiving Visitors are No Longer in Effect
submitted by Bria Lewis, Esq., Staff Attorney On June 1, 2021, the NYS Department of Health (DOH) issued emergency regulations for personal caregiving and compassionate caregiving visitors in nursing homes and adult care facilities (ACF), as established by 2801-h of the Public Health Law (PHL) and section 461-u of the Social Services Law (SSL). These…
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