Elder Issues

News & Analysis as of

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

SEC Publishes for Comment FINRA Proposal to Combat Financial Exploitation of Seniors and Other Specified Adults

A proposed amendment to the Financial Industry Regulatory Authority, Inc. (FINRA) Customer Account Statement Rule (Rule 4512) and a proposed new Rule 2165 regarding Financial Exploitation of Specified Adults would: require...more

Your 2017 Predictions (Part Five of Five)

Our final question to participants was an open-ended one: what are their biggest concerns for the coming year. As you’ll see from the results below, there are a wide variety of concerns – a few of which revolved around the...more

Typical Social Security Recipient Will Get $4 Benefit Increase in 2017

Social Security benefits will rise only slightly in 2017. This follows no increase in benefits in 2016 and small increases for many of the previous years. The small bump in 2017 will likely be eaten up by higher Medicare Part...more

Your 2017 Predictions (Part Four of Five)

Today’s result caught us off guard. We’ve read and heard a lot about the necessity of senior living communities investing in new technology to meet resident demands and to enhance the level of service employees can provide...more

Your Predictions for 2017 (Part Three of Five)

Today we share with you responses to two different, but related, questions related to employee compensation and changes or potential changes in federal and state/local law regarding the same....more

Your Predictions for 2017 (Part Two of Five)

Continuing from yesterday, we are sharing the poll results of attendees at our recent Senior Housing Symposium.   The second question we asked was regarding interest rates for 2017 and whether attendees thought there would be...more

Do It Yourself Wills: Will They Lead to More Litigation?

Here’s my prediction: do it yourself wills, also referred to as “homemade wills” or “online wills” or “internet wills” (I’ll refer to them in this blog post as “DIY Wills”) will result in a significant (though not massive)...more

Your predictions for 2017 (Part One of Five)

Last week, in connection with our Senior Housing Symposium entitled “Looking Back . . . Looking Forward” we surveyed our attendees to get a feel for where they predict next year will look like in the senior housing industry. ...more

So Who Wants Senior Clients

In its never-ending effort to thwart senior investor fraud, FINRA recently proposed a new rule to the SEC. This proposal would require member firms to obtain the name of a trusted contact person for the customer’s account....more

2016 Changes to the Pennsylvania Power-of-Attorney Law

On October 4, 2016, Governor Tom Wolf signed into law technical corrections to the Pennsylvania power-of-attorney law designed to address deficiencies in the law included in amendments previously enacted in 2014. In addition,...more

Overheard at NIC . . .

While the entire National Investors’ Conference is always full of interesting and enlightening speakers, sometimes the most interesting things you hear come out over dinner with your clients and their associates.  We had two...more

PACE Program for Senior Care

On August 21st, the New York Times published an article on the PACE program for senior care. Up to now, PACE programs, which are intended to keep seniors living in their homes longer, as well as to cut down on the cost...more

Medicare Coverage While Traveling Within the U.S.

When people retire they often have more time to travel. Although Medicare coverage is generally not available when beneficiaries are overseas, what about coverage for those exploring our own varied and scenic land?...more

Understanding the Tax Consequences of Inheriting a Roth IRA

Passing down a Roth IRA can seem like a good idea, but it doesn't always make the most sense. Before converting a traditional IRA into a Roth IRA to benefit your heirs, you should consider the tax...more

Jumbo Reverse Mortgages Are Increasingly Available for High-Value Homes

Seniors with pricier homes now have an increased ability to get a jumbo reverse mortgage in order to raise cash for retirement. As the housing market has improved, jumbo reverse mortgages are becoming more popular even though...more

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