HEALTH CARE
Filling In The Gaps – CELJ’s Senior Legal Advice Helpline Addresses Community’s Unique Needs
Have you ever heard a loved one say that they feel like they need an attorney to get through all of the forms involved in Medicare applications? That they have a question about a reverse mortgage, but don’t want to get charged $200 an hour for a simple answer? Or that they can’t get the…
Read MoreUB 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…
Read MoreCELJ Attorney Lindsay Heckler Provides Testimony to NYS Assembly on Adult Facilities
On September 28, 2017, Center for Elder Law & Justice staff attorney Lindsay Heckler testified before the New York State Assembly Committees on Health, Social Services, and Aging on the topic of adult care facilities. As the legal liaison to the New York Long Term Care Ombudsman in Region 15, Ms. Heckler sees issues with adult…
Read MoreCELJ 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…
Read MoreCELJ Attorneys Lindsay Heckler & Kelly Barrett Testify Before NYS Assembly Committees
On Tuesday, February 27th, Center for Elder Law & Justice attorneys Lindsay Heckler and Kelly Barrett submitted testimony to the New York State Assembly Committees on Health, Labor, Aging and the Task Force on People with Disabilities. The committees had convened to address Home Health Work Force issues. Ms. Heckler presented the testimony, sharing…
Read MoreCenter for Elder Law & Justice Issues Report on Survey Results of Buffalo Area Nursing Home
Last week, the New York State Department of Health (NYS DOH) released the survey results of nursing facility Emerald North Nursing and Rehabilitation Center (Emerald North) in Buffalo, New York. The facility has been a Nursing Home Compare 1-star rated facility (on a 5-star scale) since 2013. The decline in ratings comes after the transition…
Read MoreORIGINAL 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…
Read MoreORIGINAL 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…
Read MoreHIPAA & 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…
Read MoreCaregiver 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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