Posts Tagged ‘New York Elder Law Attorney’
The Jimmo Case and the Medicare Improvement Standard
January 5th, 2020 by David Goldfarb
A settlement agreement in the 2013 case of Jimmo v. Sebelius clarified the “improvement standard” that Medicare used when determining when to grant benefits for skilled nursing care, outpatient therapy, or home health care. Now, anyone seeking benefits for these types of care should fully know their rights under the agreement. Prior to the case, […]
CMS Reverses Obama Policy on Nursing Home Quality Enforcement
August 31st, 2018 by David Goldfarb
The Center for Medicare Advocacy reports that on June 15, 2018, the Center for Medicare & Medicaid Services (CMS) finalized proposed changes to Obama-era policy on nursing home quality enforcement. According to the Center and other resident advocacy groups, these changes will likely lead to a greater risk of resident harm. The changes to the […]
Financial Elder Abuse Alert: New Law Allows Credit Report Security Freezes and Increases Fraud Alert Protections
August 10th, 2018 by David Goldfarb
Financial elder abuse affects untold numbers of older adults every year. Fortunately, under a new law, recently signed and set to take effect September 2018, older adults will have a new weapon in their arsenal in the fight against this type of abuse. The federal Public Law 115-174 amends the Fair Credit Reporting Act to […]
The Advantages and Pitfalls of “Professional Guardians”
July 27th, 2018 by David Goldfarb
When you think of a guardian of an incapacitated adult, you likely first think of an adult child or another close family member who will care for the adult. However, in some cases, a guardian may be a non-relative appointed by the courts. In many states, these are referred to as “professional guardians.” While New […]
New Limits on Home Care Agencies for NY Managed Long-Term Care Plans
July 20th, 2018 by David Goldfarb
As of early 2018, about 229,000 New Yorkers received health services through the state managed long-term care (MLTC) plans. These plans allow patients to use Medicaid or Medicare to receive home health care. The goal in many cases is to keep patients in their homes as long as possible, so home health care is an […]
Important Update: Nursing Home Carve-Out in Managed Long-Term Care
June 18th, 2018 by David Goldfarb
The recently adopted 2018-2019 New York State budget contains a number of significant amendments regarding healthcare in New York. As in prior years, the bulk of the budget focused on Medicaid funding, but many of the recent changes came in response to anticipated cuts to Medicaid at the federal level. One change is of particular […]
New York Medicaid Recipients Who Had Coverage Terminated on March 6, 2018, May Qualify for Restored Coverage
April 27th, 2018 by David Goldfarb
Previously, we had advised that Medicaid applicants or recipients must apply for Medicare if they are ages 64 and nine months, and have income at or below 120 percent of the Federal Poverty Level (or income at or below set state requirements for Medicaid eligibility). Between November 2017 and February 2018, about 30,000 New York […]
Common Medicare Mistakes and How an Experienced New York Elder Law Attorney Can Help Protect You
April 13th, 2018 by David Goldfarb
Medicare involves a complicated legal structure of federal statutes and regulations. Beneficiaries can find eligibility, coverage, and appeals decisions difficult to initiate, or even understand. Medicare recipients, however, must understand the coverages to which they are legally entitled. Costly Medicare mistakes can financially devastate Medicare recipients on fixed incomes. Here, the experienced elder law attorneys […]
Long-Term Care Costs Are Surging, and New Yorkers Must Prepare for Them
March 23rd, 2018 by David Goldfarb
Financial planning for retirement is a complicated task. It requires anticipating living expenses for an indefinite amount of time. This daunting task is often met by a combination of resources. For adequate financial preparation, a retiree must often have health insurance coverage through Medicare, private insurer and possibly Medicaid. Retirement accounts such as 401(k) plans […]
