A.4416C (Gottfried) / S.3460A (Rivera) provides important consumer protections to residents and their families by deterring the worst abuses in Adult Care Facilities.  The Center for Elder Law & Justice is urging our state legislators to support A.4416C / S.3460A in an effort to improve Adult Care Facilities, benefiting the lives of New Yorkers residing…

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We welcome the July 10th announcement and corresponding guidance issued by the NYS Department of Health (“DOH”) to reopen visitation to nursing homes and adult care facilities. We are pleased to see that “visitors” is not limited, and includes family members, loved ones, long-term care ombudsmen, and resident advocacy organizations. Visitors play an essential component…

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The Department of Health (DOH) announced on July 10 that that outside visitation and limited indoor visitation and activities can resume in nursing homes and adult care facilities so long as the facility meets specific benchmarks.  We discuss what those benchmarks are and the limitations on visitation below. We encourage residents and families who have…

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submitted by Lindsay Heckler, Esq. and Liam McMahon, Paralegal Call to action: use your voice to improve long-term care! There have been longstanding issues with transparency and communication on the guidance issued to nursing home and adult care facility providers by New York State and the New York State Department of Health. To assist the…

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On April 19, the Centers for Medicare & Medicaid Services (CMS) announced it would be requiring nursing homes to report COVID-19 information to the Centers for Disease Control and Prevention (CDC). While CMS asked nursing homes to submit their first set of data to the CDC by May 17, CMS granted a grace period that…

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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…

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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…

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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…

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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…

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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…

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