Elder Abuse

News & Analysis as of

CFPB Targets Practices Impacting the Elderly

On July 13, the Consumer Financial Protection Bureau (CFPB) Director Richard Cordray delivered remarks at the White House Conference on Aging and signaled the CFPB’s plans to issue an advisory later in 2015 to assist...more

CMS Proposes Overhaul of Long-Term Care Facility Participation Requirements

On July 16, 2015, CMS published a proposed rule that would overhaul the Medicare and Medicaid participation requirements for long-term care facilities at 42 C.F.R. Part 483. As CMS points out, an overhaul is necessary...more

CFPB Readies Guidance to Help Prevent Elder Financial Exploitation

On July 13, CFPB Director Richard Cordray delivered remarks at the White House Conference on Aging, expressing the need to protect older consumers in light of recent studies that have found that financial exploitation is the...more

New CMS Proposed Rule Revises Long-Term Care Facility Requirements for Medicare and Medicaid Program Participation

On July 13, 2015, the Centers for Medicare & Medicaid (CMS) issued a long-awaited proposed rule (Proposed Rule) that would revise the requirements that long-term care (LTC) facilities must meet to participate in the Medicare...more

FTC, Florida AG File Action to Stop Alleged Telemarketing Debt Relief Scam Targeting Seniors

The Federal Trade Commission (FTC) and the Florida Attorney General (AG) have jointly filed a complaint in a Florida federal court against several companies and their individual owners alleging that the defendants engaged in...more

Health Alert (Australia) - June 22, 2015

In This Issue: - Judgments; Legislation; and Reports. - Excerpt from Judgements: Victoria. Inquest Into the Death of Baby Chloe Lee Kellett - The Victorian Coroner investigated an infant's death from...more

Health Alert (Australia) - June 15, 2015

In This Issue: - Judgments; Legislation; and Reports. - Excerpt from Judgements: New South Wales. O'Sullivan v Medical Council of New South Wales [2015] NSWCATAD 113 The New South Wales Civil and...more

The Medicaid Fraud Control Units: Fiscal Year 2014 Report

The Department of Health and Human Services (HHS) Office of Inspector General (HHS-OIG) has released its Fiscal Year (FY) 2014 Annual Report (Report) on the performance of the Medicaid Fraud Control Units (MFCUs)...more

Developments in Long-Term Care – Q1 2015

The following summary highlights key federal court cases and administrative decisions involving skilled nursing facility survey issues during the first quarter of 2015. Federal Court Cases - Fifth Circuit Upholds...more

Spring Vacations: Which arguments are winning on appeals from arbitration so far in 2015?

Today I present a collection of recent state and federal appellate court decisions that vacate or un-vacate arbitration awards. The seven opinions below emphasize how difficult it is to prove that an arbitrator exceeded his...more

Reasonable Suspicion of a Crime in a Long-Term Care Facility and OIG Findings

On June 17, 2011, CMS published a memorandum detailing the reporting requirements when there is a reasonable suspicion of a crime in a long-term care facility as required by section 1150B of the Social Security Act....more

Structured Thoughts: News for the financial services community, Volume 6, Issue 3

In This Issue: - The National Senior Investor Initiative - SEC Commissioner Addresses Structured Notes - The SEC Defines “Voting Equity Securities” Under the Rule 506(d) Bad Actor Disqualification...more

4 potential signs of nursing home neglect

The National Center on Elder Abuse estimates that one in three nursing home residents in the United States suffer from neglect. Illinois investigates nursing homes every 15 months or less, but a study by the U.S. General...more

Hidden Camera Leads to Dismissal

An arbitrator recently upheld the termination of a “reliable and capable” Personal Support Worker (a “PSW”) with no prior disciplinary record, because of significant mistreatment of an individual she was responsible for, and...more

Lawyers: Are Even YOUR Parents and Inheritances at Risk?

Recently, I wrote here about the story of Milo Elofson, who is currently a victim of elder abuse at the hands of the legal system, despite the fact that his son Greg was appointed as his guardian. (Thank you to all of who...more

New York State DFS Issues Guidelines to Financial Institutions on the Prevention of Elder Financial Exploitation

On February 26, 2015, the New York State Department of Financial Services (“DFS”) issued guidance to financial institutions doing business in New York State on the prevention of elder financial exploitation. The guidance...more

Report: 30 percent of nursing homes cited for patient abuse

Elder abuse is currently one of the most pressing issues facing seniors in Illinois, and a study performed by federal staffers may show why. The Special Investigations Division of the House Government Reform Committee...more

Nursing Home Abuse and Your Elderly Loved Ones

Elder abuse is a serious problem across the country. For family members with elderly loved ones in nursing homes or assisted living facilities, it can be extremely difficult to learn that your loved one’s personal injuries...more

Is your loved one a victim of nursing home neglect?

Illinois families are often faced with the difficult decision of placing a loved one in a nursing home, where they are supposed to receive the care that their families are unable to provide. ...more

PA Elder Abuse Prevention and Reporting Update

The Elder Law Task Force of the Supreme Court of Pennsylvania (the "Task Force") recently issued a report containing 130 recommendations to prevent elder abuse in Pennsylvania. A large portion of the report and a significant...more

Nursing Home Abuse and Neglect Compliance Trails Federal Requirements

The Department of Health and Human Services Officer of Inspector General (“OIG”) released a report this month titled, “Nursing Facilities’ Compliance with Federal Regulations for Reporting Allegations of Abuse and Neglect.”...more

Health Law Wire: OIG Report on Nursing Home Compliance with Federal Regulations for Reporting Allegations of Abuse or Neglect...

The Office of the Inspector General (OIG) for the U.S. Department of Health and Human Services released a report and recommendations for nursing facilities to develop and implement written policies related to reporting...more

Increase in Elder Financial Abuse Requires Vigilance, Careful Planning

This May, Ohio Attorney General Mike DeWine launched an initiative aimed at prosecuting abuse of elderly Ohioans. This initiative comes as no surprise, as the incidence of financial exploitation of the elderly is becoming...more

Torts – Standard for Elder Abuse v. Professional Negligence

Gregory Worsham v. O’Connor Hospital, et. al. - Court of Appeal, Sixth District (May 20, 2014) - The Elder Abuse Act (“Act”) does not apply to simple or gross negligence by health care providers. This case...more

Volunteering for Those Who Served

The legal problems facing Pennsylvania’s seniors today—homelessness, elder abuse, and financial exploitation, among others—are serious and prevalent. We are exposed to instances of these problems daily: news stories and...more

40 Results
|
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×