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…

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NYS 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…

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Gender 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…

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Emergency 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…

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 Covid-19 Emergency Eviction and Foreclosure Prevention Act of 2020 Extended Through August 31, 2021

Senior person's hands holding paper cutout of a home with an old key on top

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.…

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Nursing 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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