News & Analysis as of

Elder Issues

Ransomware Attack Hits Dallas Senior Living Community

No industry is immune from ransomware attacks—including senior living communities. Senior living communities have exploded now that baby boomers are selling homes, down-sizing and getting ready for that stage of life....more

Privacy Tip #89 - 10 Tips to Help Protect Your Senior Loved Ones’ Privacy

It is hard enough for middle agers like me to stay up on all the ways our personal information can be collected, accessed, used, disclosed, sold or stolen. It is even harder for our loved ones who are older, but not...more

Growing Older — Safety Resources & Information

Children and the elderly are most often hurt in avoidable accidents in and around the home. The US Consumer Product Safety Commission (CPSC) reports that about 1.4 million Americans age 65 years and older are treated in...more

Tennessee Is Protecting Grandma with New Legislation

Tennessee is protecting Grandma! Two pieces of legislation were approved this year: the Elder and Vulnerable Adult Protection Act, which is on its way to Gov. Haslam to be signed into law, and the Elderly and Vulnerable Adult...more

Dispute Between Brothers Demonstrates Need to Plan for Long-Term Care

A recent New Jersey appeals court case demonstrates how important it is for families to come up with a long-term care plan before an emergency strikes. The case involves two brothers who got into a fight over whether to place...more

Short-Term Care Insurance: An Alternative to the Long-Term Care Variety

A little-known insurance option can be an answer for some people who might need care but are unable to buy long-term care insurance. Short-term care insurance provides coverage for nursing home or home care for one year or...more

Adding to Uncertainty for Scam Targets, the IRS Now Allows Private Debt Collectors to Dun Taxpayers

In a move that could be confusing to seniors who are vulnerable to scams, the IRS will begin using private debt collection agencies to collect past-due taxes. The new program will begin in April 2017....more

Deducting Cost of Assisted Living Facilities

by Dickinson Wright on

Assisted living facilities for elderly persons (“ALFs”) can be very expensive, but for many taxpayers, the cost can be fully deducted on federal income tax returns as a medical expense if the ALF resident’s health problems...more

FINRA's Newest One-Two Punch

by Reminger Co., LPA on

On February 3, 2017, the SEC approved: (1) new FINRA Rule 2165 (Financial Exploitation of Specified Adults[1]) permitting members to place temporary holds on certain customer accounts where there is a reasonable belief of...more

News from Second and State

Weekly Wrap - It was a busy week in Harrisburg with both chambers in session at the same time in over a month. Monday wasn’t a voting session day, but the House Aging and Older Adult Services, House Health, and...more

Securities Legislative Update – Elderly Investors 2017

The SEC recently approved FINRA’s proposed rule aimed at preventing fraud and abuse of senior investors. On March 30, FINRA issued Regulatory Notice 17-11, setting the effective date for the new rule as February 5, 2018. The...more

Signs of an Active 2017 for Laws Protecting Vulnerable Adults from Financial Exploitation

by Carlton Fields on

The North American Securities Administrators Association (NASAA)’s Model Legislation or Regulation to Protect Vulnerable Adults from Financial Exploitation (Model Act) gained traction in 2016 and appears poised for even more...more

SEC Approves FINRA Efforts to Protect Seniors and Other Vulnerable Persons

by Carlton Fields on

The SEC recently approved an amendment to FINRA Rule 4512 that requires FINRA members to make reasonable efforts to obtain, from each customer for whom they maintain an account, specified information about a “trusted contact...more

SEC Approves FINRA’s Rules to Protect Seniors from Financial Exploitation

On March 30, 2017, the SEC approved the adoption of new FINRA Rule 2165 (Financial Exploitation of Specified Adults). Among other things, Rule 2165 permits brokers to place holds on disbursements of funds or securities from...more

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

by Sullivan & Worcester on

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

by Epstein Becker & Green on

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

by Morgan Lewis on

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?

by Proskauer Rose LLP on

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

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