POLICY
CMS: 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 MoreNYS Power of Attorney Law
Changes to the New York State Power of Attorney law took effect on June 13, 2021. While these changes to not impact existing Power of Attorney documents (completed before June 13, 2021), they do affect these documents moving forward. For more information on these changes and questions that you may have, please see our informational…
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Read MoreEmergency Regulations for Personal Caregiving and Compassionate Caregiving Visitors are No Longer in Effect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…
Read MoreGender Recognition Act
Yesterday, the New York Senate passed the Gender Recognition Act, in a step to expedite and simplify the legal name and gender marker change processes, and benefiting the Transgender and Nonbinary individuals in particular. This bill has yet to be voted on by the New York Assembly. The Center for Elder Law & Justice is…
Read MoreEmergency Regulations for Personal Caregiving and Compassionate Caregiving Visitors in Nursing Homes and Adult Care Facilities
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, as established by 2801-h of the Public Health Law (PHL) and section 461-u of the Social Services Law (SSL). These regulations…
Read MoreNew York Needs a Fair Marketplace: Memorandum in support of A2495A/S6414
NYS Bill A196/S1576 Relates to violations of safety conditions in adult care facilities
The Center for Elder Law & Justice is urging our state legislators to support A.196(Gottfried)/S.1576(Rivera). This bill provides important consumer protections to residents who live in Adult Care Facilities and deters the worst abuses in these facilities that put residents’ health and safety at risk. We join with over 25 organizations in supporting this bill.…
Read MoreCovid-19 Emergency Eviction and Foreclosure Prevention Act of 2020 Extended Through August 31, 2021
submitted by Kevin Quinn, Esq. On Tuesday, May 4, 2021, Governor Cuomo signed into law an extension of the Covid-19 Emergency Eviction and Foreclosure Prevention Act of 2020. The legislation (S.6362-A/A.7175-A) extends protections prohibiting residential and commercial evictions, foreclosure proceedings, credit discrimination and negative credit reporting related to the COVID-19 pandemic until August 31, 2021.…
Read MoreNursing Home Staffing Bill Needs More to Protect Seniors
Legislation introduced by New York State Senator Gustavo Rivera and Assemblymember Aileen Gunther to establish nursing home staffing ratios doesn’t go far enough to protect New York’s seniors. The bill (S6346-Rivera/A7119-Gunther) is a step in the right direction, but community advocates for older adults share several major concerns with the legislation, and believe it would…
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