Elder Issues

News & Analysis as of

5 Tips on Deciding Whether to Buy Long-Term Care Insurance

One of the most difficult decisions in long-term care planning is whether to purchase long-term care insurance (LTCI) and which of the wide variety of products to purchase. On the one hand LTCI premiums are high, they...more

The Battle Over Casey Kasem’s Medical Care: Lessons in Incapacity Planning

Last month I mentioned that every person should have a basic estate plan, including a medical directive. This directive is not only necessary for the elderly, but also for anyone who could find themselves incapacitated...more

CMS Survey Guidance and Amendment to SOM Advance Copy of Revised F371; Interpretive Guidance and Procedures for Sanitary...

On May 20 the Centers for Medicare & Medicaid Services (CMS) issued S&C 14-34-NH devoted to the topic of egg preparation in skilled nursing facilities (SNFs). Lest one think that this is an odd or random topic, it is relevant...more

Volunteering for Those Who Served

The legal problems facing Pennsylvania’s seniors today—homelessness, elder abuse, and financial exploitation, among others—are serious and prevalent. We are exposed to instances of these problems daily: news stories and...more

Nursing Home Reporting of Reasonable Suspicion of a Crime in a Long Term Care Facility

Nursing facilities, skilled nursing facilities, hospices that provide services in long term care facilities and independent living facilities that provide services for the developmentally disabled ("facilities") are required...more

Homebuilders Target Active Baby Boomers

As the post-war babies of the 1940s, ’50s, and ’60s move past middle age and into their golden years, marketing to Baby Boomers is becoming a booming business....more

FINRA Protects Seniors by Disciplining Inadequate Supervision of VA Sales

As baby boomers continue to age, securities regulators focus on protecting the growing population of seniors and retirees. For example, the regulators are seeking to ensure that broker-dealers’ systems and procedures for...more

Should Punitive Damage Claims Be More Limited in Florida Nursing Home Abuse Cases?

Imagine discovering that your elderly loved one suffered abuse or neglect at a nursing home you trusted to provide the care you could not give in your own home. Now imagine that the nursing home was aware of the situation and...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

OIG: Housing Placement Arrangement for Seniors Does Not Give Rise to Sanctions

The HHS Office of Inspector General (OIG) recently issued a favorable Advisory Opinion (No. 14-01) regarding a contractual arrangement under which a placement agency receives a per-resident fee for referring new residents to...more

Latest Thefts Illustrate New Wrinkle In Florida Elder Abuse

The suspicions of a Vicksburg-area nursing home administrator were recently piqued when she noticed a debit for an expensive pair of jeans on one of the resident’s trust accounts. Beyond the fact that it did not seem like a...more

Revolving Doors: Anthony Marshall Out Again

I talked earlier about fiduciary duty and the conviction of Anthony D. Marshall, the son of Brooke Astor, on charges that he breached that duty while handling her financial affairs at the end of her life. In a six-month...more

Adult Failure to Thrive and Debility Can No Longer Be Principal Diagnoses on Hospice Claim Forms

Hospices will have until October 1, 2014, to ensure they conform their coding practices to comply with a “clarification” issued by the Centers for Medicare and Medicaid Services (CMS) in its final FY2014 Hospice Wage Index...more

Dodd-Frank News: November 2013: Dodd-Frank Wall Street Reform And Consumer Protection Act Update

In This Issue: - Recent Cases ..Dodd-Frank Prohibition on Arbitration ..Statutory Damages Under TILA ..Preemption ..Declaratory Relief ..HAMP Claims ..Constitutional Challenge to...more

Laws Aim to Protect Elder Drivers and Improve Public Safety

A married couple’s simple Florida road trip turned into chaos when they drove for 30 hours before stopping at a gas station. Angelo Virgona, 91, and Mary Virgona, 88, left Apopka for Orlando, drove back and forth on the...more

Stop the Abuse—Elder Fraud Prevention and Privacy Laws

Several financial regulators, including the SEC, the CFTC, the FTC and the CFPB recently issued joint guidance clarifying that advisers and brokers, among others, may alert the authorities about suspected elder abuse without...more

Elder And Dependent Adult Abuse – Florida’s Growing Problem

While it is well known that millions of senior citizens choose to retire to the Sunshine State, what is not as well known is that more and more of them are subjected to elder abuse. The National Center on Elder Abuse reports...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

CFPB proposes information collection on financial well-being

The CFPB has issued a proposal to conduct a new information collection titled “Development of Metrics to Measure Financial Well-being of Working-age and Older American Consumers.”...more

Advertising Law - Aug 01, 2013

DNT Standard Remains Elusive - The struggle to set a standard for a Do Not Track program continues. Two years into the process, the Tracking Protection Working Group of the World Wide Web Consortium has failed...more

CFPB issues first Financial Literacy Annual Report

The CFPB has issued its first Financial Literacy Annual Report to Congress. The report covers the CFPB’s activities and strategies to improve consumer financial literacy during the period from July 21, 2011 through June 15,...more

Health Alert (Australia) - 1 July 2013

In This Issue: - JUDGMENTS: Victoria: McWhinney v Melbourne Health [2013] VSCA 162 - This matter concerned an appeal to the Supreme Court from a judgment of the County Court. Before the County...more

CFPB and FDIC launch new tool for preventing elder financial exploitation

The CFPB and Federal Deposit Insurance Corporation have jointly launched a new financial resource tool to assist older adults and their caregivers in avoiding elder financial exploitation. Named “Money Smart for Older...more

Government Publications on Retirement

The website publications.USA.gov has many helpful publications, including some that offer practical advice about retirement. That website is now offering a series of pamphlets called Trustworthy Retirement Resources for...more

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