Elder Care

News & Analysis as of

Elder Protections in the Affordable Care Act

Twenty-one employees of a Georgia nursing home specializing in caring for patients with Alzheimer’s disease were recently arrested on abuse charges that included using bed sheets as restraints and failing to maintain proper...more

Recognizing One of the Earliest Signs of Nursing Home Negligence

Turning over the care of your elderly loved one to a nursing home is a difficult decision. However, nursing homes have the staff and training to provide the 24-hour care most people cannot provide in their homes....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

Hospitals Can Be Held Liable for Elder Abuse

This past July, the Arizona Court of Appeals in Phoenix ruled that a senior citizen who was abused by hospital staff could sue the hospital for violating Arizona's Adult Protective Services Act. The court analyzed two cases —...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

Georgia Nursing Homes And A Personal Injury Lawsuit

About 1.5 million elderly and disabled people live in roughly 17,000 nursing homes in the United States. In September 2012, the National Center on Elder Abuse, Bureau of Justice Statistics reported that...more

CMS To Post Additional Nursing Home Deficiency Data Online

On March 22, 2013, the Centers for Medicare and Medicaid Services (“CMS”) announced that it would increase the amount of information available online by posting a nursing home’s three (3) preceding standard health surveys and...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

Elder Abuse A Growing Problem In Georgia

The Georgia Senate is investigating elder abuse problems. Reports of elder abuse jumped 22% since 2007, according to sources cooperating with the senate. The problem is only expected to get worse as people continue to live...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

Child Liable for Mother’s Nursing Home Bill

Pennsylvania (like many other states) has a filial responsibility law that generally requires children with means to support an indigent parent. While it may seem unfair, a Pennsylvania court recently enforced the law to hold...more

A Sign of the Times: Nonpayment of Resident Accounts, Transfer/Discharge and Related Issues - Shorts on Long Term Care, May 2012

It’s surely a sign of economic times that Poyner Spruill’s long term care lawyers have seen a marked increase in the number of clients calling us for assistance with nonpaying residents. While providers have seen...more

Health Law Alert: Five Things Directors of Nonprofit Health Care Providers Can Learn from Lemington Home

Recently, a federal appeals court in In re Lemington Home for the Aged revived claims brought by unsecured creditors against the directors and officers (D&Os) of the insolvent Lemington Home for the Aged when it reversed a...more

Elder Attorney Offers 3 Questions To Consider When Pre-Planning For A Nursing Home

The decisions regarding placing a family member into a nursing home are some of the toughest that a spouse, child or family member will be faced with. The decision is not just based on finances, but is deeply rooted on...more

Governor Signs New Law Allowing Nursing Homes to Employ Physicians in Washington

Nursing homes in Washington will, for the first time, be allowed to directly employ staff physicians as a result of a bill that Governor Christine Gregoire signed last week. The new law, drafted with the assistance of Lane...more

Tardive Dyskinesia in the Elderly

protecting elderly family members and clients from improper medication while in a nursing home....more

Tardive Dyskinesia in the Elderly

How to protect family members or clients in nursing homes from improper medications...more

Proactive Medicaid Planning – A Smart Move for Your Family’s Future

If you or a family member is over the age of 65 or ill, call us to schedule your Family Wealth Planning Session today so we can identify what needs to be done to protect your assets for your loved ones and your Medicaid...more

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