voting stickers and sign

submitted by Bria Lewis, Esq. The 2020 Presidential Election is fast approaching and many long-term care residents are at risk for not being able to cast a vote. The COVID-19 pandemic has caused nursing homes and adult care facilities to have strict visitation policies. Therefore, family members, Ombudsman representatives, and other visitors that would assist…

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submitted by Lindsay Heckler, Esq. On September 17, 2020, the Centers for Medicare & Medicaid Services (CMS) issued new nursing home visitation guidelines that replace and supersede all previous rules pertaining to nursing home visitation. The CMS guidance was issued shortly after the New York State Department of Health (NYSDOH) issued its own update to…

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woman waving

submitted by Bria Lewis, Esq. and Liam McMahon On September 15, 2020, the NYS Department of Health released updated guidelines for Skilled Nursing Facility Visitation. The first update to visitation guidelines is facilities must have no new confirmed staff or resident COVID-19 reported cases for 14 days. (The prior threshold for visitation was 28 days.)…

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elderly man in wheelchair looking out the window

Submitted by Bria Lewis, Esq. On September 9, 2020 the NYS Department of Health (DOH) released updated guidelines for Adult Care Facility visitation and Pediatric Skilled Nursing Facility Visitation. The major update to the visitation guidelines is facilities must have no new confirmed staff or resident COVID-19 reported cases for 14 days. (The prior threshold…

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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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