Elder Care

News & Analysis as of

Torts – Elder Abuse

Kathleen A. Winn, et al. v. Pioneer Medical Group, Inc., et al. - California Supreme Court (May 19, 2016) - In 1991, California enacted the Elder Abuse and Dependent Protection Act (the “Act”) (Welfare &...more

Health Alert (Australia) May 30, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: - New South Wales 20 May 2016 - Buksh by his next friend Buksh v South Western Sydney Local Health Network [2016]...more

Expansion of Clinical Services at Assisted Living Sites – The New Paradigm

As payment reforms, such as bundled payments and Accountable Care Organizations (ACOs), drive further provider collaboration to achieve lower costs with enhanced outcomes, post- acute providers, especially assisted living...more

Bound to Arbitrate Nursing Home Litigation?

When is a personal representative bound to arbitrate claims against a nursing home? The answer depends on the nature of the claim, as illustrated in a recent case. Here’s what happened in Monschke v Timber Ridge Assisted...more

New DOJ “Elder Justice Task Forces” to Focus on Nursing Home Care Quality

The Department of Justice has created 10 regional Elder Justice Task Forces “to coordinate and enhance efforts to pursue nursing homes that provide grossly substandard care to their residents.” The Task Forces are comprised...more

Deinstitutionalizing Living and Cost

Looking ahead to the brave new world of Boomer assisted living, the question arises: what do Boomers want, and can they pay for it? One recent article in the New York Times (November 21, 2015) reviews the Green House...more

Holidays Can Be A Time To Spot Changes In Elderly Family Members

Slight changes in behavior or personality can be subtle and not easily noticed if you interact with the person frequently. However, many Americans will be visiting with elderly family members during the upcoming holidays and...more

Big Deal Monday For September 21, 2015

Senior Housing News reports several transactions over the last couple of weeks – some large, some small – that show the market continues to be strong for the acquisition of existing senior living communities nationwide. Here...more

Supplement — Curtin’s California Land Use

This Supplement is intended for use in conjunction with Curtin’s California Land Use & Planning Law, Thirty-Fourth Edition (2014), authored by Perkins Coie attorneys Cecily Talbert Barclay and Matthew S. Gray. In lieu of...more

For-Profit PACE Programs: Harbinger of the Future?

The Program of All-Inclusive Care for the Elderly (PACE) is a benefit program provided by the federal government through the Centers for Medicare & Medicaid Services (CMS), geared toward the care of frail, elderly...more

Health Alert (Australia) - July 6, 2015

In This Issue: - Judgments; Legislation; and Reports. - Excerpt from Judgments: Victoria. 26 June 2015 - Northern Health v Kuipers [2015] VSCA 172 - The Victorian Supreme Court has allowed an appeal...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

Health Alert (Australia) - May 4, 2015

In This Issue: Judgments; Legislation; and Reports & Publications. Excerpt from Reports & Publications: Queensland. Office of the Health Ombudsman 24 April 2015 - Health Ombudsman releases third...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

Proceed With Caution: Contracts Between Senior Communities And Placement Agencies May Not Violate The Anti-Kickback Statute

In This Issue: - Background of the Arrangement - The OIG’s Analysis: How the Senior Communities Reduced Their Risk - What Providers Should Know - Excerpt from Background of the Arrangement: The...more

OIG Issues Favorable Opinion of Arrangement Containing Percentage-Based Compensation Structure

Last week, the OIG issued an advisory opinion indicating that it would not impose sanctions on an arrangement pursuant to which a placement agency receives a percentage-based fee for referring new residents to senior...more

An Untapped Market: China’s Aging Population and the Senior Housing Opportunity

Until recently, the notion of a senior housing market in China was nothing more than fantasy. Tradition held that elder care was primarily the province of the family, as children were responsible for supporting and assisting...more

Caring For Elderly Loved Ones: Be Aware Of Medications

With age come infirmities and medical issues. Along with those issues come prescriptions. And sometimes those prescriptions are for dangerous drugs....more

How To Spot Nursing Home Abuse

The decision to place a loved one in the care of a nursing home is a serious one. It is often the best possible solution for an elderly person and his or her family. Unfortunately, the decision is a difficult one with elder...more

Signing Arbitration Contracts on Admission to a Nursing Home – Who Is Bound?

As our population ages, more and more people are being admitted to nursing homes at or near the end of their lives. But when a person is admitted to a nursing home and they sign a contract agreeing to arbitrate any disputes...more

New Laws Make Seniors Safer

The number of older adults, who are making the decision to stay in their own homes, rather than moving to senior living facilities or in with their children, is increasing. While this allows them autonomy, it also places them...more

A Look Back at Obama’s (First?) Four Years and Employment Law

Finally, today is Election Day. And while the pundits tonight will all look forward to what the next four years might bring, it’s worth taking a quick peek back at Obama’s (first?) four years with a review of some of...more

Accommodating Family Status – Needs vs. Preferences

Although the duty to accommodate employees with demanding child care responsibilities has long been recognized as part of an employer's duty to accommodate on the basis of family status, as a result of the aging Canadian...more

Long-Term Care Planning and Alzheimer’s

One of the most common reasons that families need long-term care is when their loved one receives a diagnosis of Alzheimer’s. Depending on the stage of the disease when it is diagnosed, the person could possibly remain in...more

Shorts on Long Term Care - May 2012

In this issue: - A Sign of the Times: Nonpayment of Resident Accounts, Transfer/Discharge and Related Issues - Responding to an Audit? Be Prepared! - Ken’s Quote of the Month An excerpt from...more

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