Elder Issues

News & Analysis as of

Seniors and Falls: A Growing, Preventable Problem

The No. 1 cause of injury to U.S. seniors are falls. They happen at unimaginable rates. A member of the elderly population receives treatment in an emergency room every 11 seconds because of a fall. Someone age 75 or older...more

Asset Managers: Are You Ready for Your Exam? Steps You Should Take Now

Last week we told you about the five biggest pet peeves of the SEC’s Office of Compliance Inspections and Examinations (OCIE) when examining investment advisers. This week, we want to get you ready for your exam. Here are the...more

When Life Imitates Art

– Will Caveats or “The Family Feud” Part 2 –  The North Carolina Court of Appeals continues to publish opinions in Will Caveat cases that could easily serve as a storyline from a daytime television series. One example...more

A Contribution to Residents’ Quality of Life

People with Alzheimer’s and dementia often suffer from anxiety and agitation. One of the most effective means of dealing with those symptoms is therapy animals. The problem for ALFs and memory care facilities, however, is...more

American Senior Communities Suffers W-2 Scam

W-2 phishing schemes continue to be a problem for companies in every industry. Last week, American Senior Communities based in Indiana announced that one of its employees was scammed through a phishing email and thereafter...more

Privacy Tip #76 – Stay on Top of the Most Recent Scams and Subscribe to FTC’s Scam Alerts

The Federal Trade Commission (FTC) announced this week that March 5-11 is National Consumer Protection Week. The FTC will announce different programs and events throughout the week that are designed to educate consumers on...more

Insurance Claims Report Spotlights Risks To Assisted Living Facility Operators

Late last year CNA, one of the nation’s largest commercial insurance companies, issued a report summarizing professional liability insurance claims for senior living facilities that it closed between 2011 and 2015. Although...more

Medicaid Outlook: Policy and Regulatory Change in 2017

Perspectives on Health Care and Life Sciences - Medicaid has been a vital part of the American health care safety net for more than 50 years. Today, Medicaid, along with the State Children’s Health Insurance Program...more

What is Undue Influence in Will Caveat Cases?

In order to set aside a Will after a person has died, a Caveator (the person attacking the Will) has three courses of action under the law. First, he can assert that the Testator (the person making the Will) was incompetent...more

Thou Shalt Not Exploit Thine Elders

SEC approves FINRA rule designed to protect seniors and other specified adults from financial exploitation. The Securities and Exchange Commission (SEC) has approved a new rule proposed by the Financial Industry...more

A Revolution in UK Housing?

The UK Government published its long awaited White Paper on housing, “Fixing our broken housing market”, on 7 February 2017. The paper aims to benefit would-be house buyers and occupiers – particularly “ordinary working class...more

News from the Vermont State House - An Analysis from DRM’s Government & Public Affairs Team - January 2017 #2

Treasurer Will Build Public Pension Plan for Small Business - State Treasurer Beth Pearce on Wednesday asked the Senate Economic Development, Housing and General Affairs Committee to create the framework for a...more

SEC's New Rule Requires Additional Disclosures on Form ADV

On January 12, 2017, the SEC’s Office of Compliance Inspections and Examinations (“OCIE”) published its 2017 examination priorities.1 OCIE’s 2017 priorities, which largely mirror its 2016 priorities, cover three areas: (1)...more

Are Hybrid Facilities the Wave of the Future?

Seniors Housing Business (www.seniorshousingbusiness.com) recently published a fascinating article on attempts by some senior housing operators to create facilities with a mix of independent living and assisted living...more

SEC Staff Announces 2017 OCIE Examination Priorities

On January 12, 2017, the staff of the Office of Compliance Inspections and Examinations (OCIE) of the Securities and Exchange Commission (SEC) released its annual announcement on examination priorities in the coming calendar...more

West Coast Real Estate Update: January 2017

Proposed Landmark Rules Could Make LA Redevelopment More Difficult - Los Angeles City Council Member Jose Huizar has proposed a new set of rules that could make it more difficult for owners of historic properties in Los...more

Governor Cuomo Unveils Cybersecurity Proposals Including Cyber Incident Response Team

New York Governor Andrew Cuomo announced a series of cybersecurity proposals that are designed to protect consumers and government entities from cybercrime and identity theft. One of the proposals includes the creation of a...more

Are You Considering Remarrying in Your Senior Years?

Finding love later in life may be unexpected and exciting. The considerations are much different for an older couple with adult children and retirement plans than for a young couple just starting out. Before deciding on next...more

For Better or for Worse, States Are Turning to Managed Care for Medicaid Long-Term Care

More and more states are switching to a managed care model when dealing with Medicaid long-term care patients, a change that has resulted in a loss of services in some cases. Many states use managed care to deliver care...more

Ohio Medicaid Update: “Disability Determination Redesign” and STABLE Accounts

In my last article, I provided a summary on the “Achieving a Better Life Experience Act of 2014,” (the “ABLE Act”). At the time of publication, the status of ABLE Accounts in Ohio was not known. However, effective June 1,...more

The Emotional Charge of Guardianship: a Point of View from an Independent Guardian

A parent of young children feels incredible stress and sadness when their children fight. When healthy, the parent is capable of breaking up the fight or at least standing in between to force peace or at least stave off war....more

What You Should Know About Determining Capacity in Ohio

One definition of “capacity” refers to the maximum amount/number that something can contain (e.g., a freezer’s capacity is 1.1 cubic feet; the capacity of a public room is 140 people). “Capacity” also describes an ability to...more

Holiday Travel: Keep Elders Safe Both on the Ground and in the Air

The holidays bring tidings of joy and time-honored traditions to those who celebrate. They also bring travel plans for families and friends far and wide. Travel might be one of the best gifts of the season, especially...more

Brookdale To Pay Nearly $1 Million To Settle Allegations Of Overbilling Government Programs

On November 21, 2016 Brookdale Senior Living, Inc., the largest senior housing provider in the United States, agreed to pay $979,000 to settle allegations that Emeritus Corporation failed to refund to the federal and several...more

Application of FDCPA to Social Security benefits at issue in CFPB Second Circuit amicus brief

The CFPB has filed an amicus brief in support of the plaintiff in Arias v. Gutman, Mintz, Baker & Sonnenfeldt, PC and 1700 Development Co., a FDCPA case on appeal to the U. S. Court of Appeals for the Second Circuit. In its...more

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Cybersecurity

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