Articles for Attorneys
New York Expands Due Process Rights for Medicaid MLTC Recipients
April 2nd, 2014 by David Goldfarb
New York State’s 2014 budget bill added additional due process protections to persons receiving home care under the Medicaid Managed Long Term Care (MLTC) Program. The bill makes clear that when an MLTC provider determines to eliminate or reduce home care services and a fair hearing is timely requested, then the recipient must continue to […]
Transition of Medicaid Nursing Home residents into Managed Care
March 27th, 2014 by David Goldfarb
Please note, the New York Legislature in its 2018 Budget bill has “carved out” nursing home services from Medicaid managed care. The New York State Department of Health (DOH) has announced that the new date for the transition of nursing home residents into managed care plans is slated to start June 1, 2014 (previously April 1) for new permanent placements in […]
Estate Planning Resources on the Web
February 10th, 2014 by David Goldfarb
Goldfarb Abrandt & Salzman LLP’s Trusts & Estates Articles. ABA’s Wills: Why You Should Have One and the Lawyer’s Role in Its Preparation Should I Have a Will? from Goldfarb & Abrandt LaGuru Internet Law Library: Trusts and Estates Cornell’s State Probate Statutes on the Internet Estate Planning Links National Network of Estate Planning Attorneys […]
Should I Have A Will?
February 9th, 2014 by David Goldfarb
Intestate or Testate A person who dies with a will is said to have died testate. A person who dies without a will dies intestate. In either case, the person who dies is called the decedent, and the property the person leaves at death is called the his or her estate. It is always preferable […]
The Estate Tax Is Back, but with Some Twists—and Opportunities
February 8th, 2014 by David Goldfarb
Reprinted with permission from Trusts & Estates Law Section Newsletter, Spring 2011, Vol. 44, No. 1, published by the New York State Bar Association, One Elk Street, Albany, NY 12207 After nine years of speculation about what would happen to the federal estate tax once its one-year “repeal” disappeared at the end of 2010, on […]
The Family Health Care Decisions Act
February 4th, 2014 by David Goldfarb
A New Law Permits Health Care Decisions to Be Made For Incapacitated People in New York Who Have Not Signed a Health Care Proxy On March 16, 2010, Governor David Paterson signed into law the Family Health Care Decisions Act, effective June 1, 2010, which for the first time will permit family and/or friends to […]
Navigating your Child’s Special Education Program: A Guide for Parents and Guardians
February 1st, 2014 by David Goldfarb
Far too often, parents and guardians of children with disabilities are confused and overwhelmed when faced with decisions regarding their children’s educational future. The sheer breadth of acronyms alone can be intimidating, even though school districts are required to provide parents and guardians with a booklet detailing their rights under Federal and state law, known […]
Elder Abuse Resources
January 30th, 2014 by David Goldfarb
Administration on Aging of the Department of Health & Human Services National Center on Elder Abuse American Bar Association: Commission on Legal Problems of the Elderly Elder Abuse Resource Page NursingHomeAlert.com: The nursing home abuse and neglect resource center for the elderly and their families New York State Elder Abuse Coalition National Coalition Against Domestic Violence […]
Breaking News: New York will apply new Medicaid budgeting rules for home care.
January 22nd, 2014 by David Goldfarb
Couples, where one person is receiving Medicaid home care through the Managed Long Term Care program will be able to use the “spousal impoverishment” budgeting rules or the old community based budgeting rules – whichever is more favorable. On Sept. 24, 2013, New York State Department of Health announced that “spousal impoverishment protections” are available […]
New York’s Family Health Care Decisions Act
January 20th, 2014 by David Goldfarb
On March 16, 2010, New York’s Governor David Paterson signed the Family Health Care Decisions Act (FHCDA) into law. The FHCDA allows family members to make health care decisions, including decisions about the withholding or withdrawal of life-sustaining treatment, on behalf of patients who lose their ability to make such decisions and have not prepared […]
