News & Analysis as of

Elder Abuse

Nonpayment of an Insurance Claim is Not Elder Abuse

by Carlton Fields on

Does the failure to pay an insurance claim constitute elder abuse? Not under Oregon’s elder financial abuse laws. In January, the Oregon Supreme Court, answering a certified question from the Ninth Circuit, held that...more

Elder Abuse Prevention And Prosecution Act

by Tonkon Torp LLP on

We previously talked about recent changes to Oregon law and FINRA rules relating to elder abuse prevention and the prosecution of financial services companies for noncompliance . This article focuses on The Elder Abuse...more

New Federal Law Puts Focus on Preventing Elder Abuse

A new federal law is designed to address the growing problem of elder abuse. The law supports efforts to better understand, prevent, and combat both financial and physical elder abuse....more

Appellate Court Notes

by Pullman & Comley, LLC on

Appellate Court Advance Release Opinions: Husband and wife defendants were related to the husband and wife plaintiffs. The defendants were convinced the plaintiff husband (a state trooper) was abusing his wife, despite her...more

Q&A with Samuel P. Clancy: Long-term care industry adds abuse through technology to definitions

by GableGotwals on

Long-term care industry adds abuse through technology to definitions - Q: Individuals working in long-term-care facilities increasingly have shared inappropriate photos and recordings of residents on social media — often...more

Comprehending Nursing Home Abuse

by The Brown Firm on

No one wishes for abuse. Everyone desires safety, happiness, and contentment in life. But there are times when things go the opposite direction. It is with these destructive things which make someone suffer from maltreatment....more

Vulnerable Person Abuse Protections Coming To FINRA In 2018

by Tonkon Torp LLP on

Similar to the Oregon legislature's recent changes to ORS Chapter 59, intended to protect "vulnerable persons" against financial exploitation, FINRA has implemented changes to its rules effective February 5, 2018, intended to...more

Unanimous Defense Verdict for Home Healthcare Provider

Jones, Skelton & Hochuli, PLC is pleased to announce Partner Donn Alexander and Associate Cory Tyszka obtained a unanimous defense verdict in a home healthcare matter. This case involved allegations of abuse, neglect, and...more

FINRA Senior Protection Rules Effective Feb. 5

by Burr & Forman on

A pair of FINRA Rule revisions designed to protect seniors from financial exploitation become effective February 5. The Rules require member firms to obtain “Trusted Contact Person” information and impose short...more

New Rule Regarding Financial Exploitation of Seniors To Become Effective February 5, 2018

by Bryan Cave on

New FINRA Rule 2165 (Financial Exploitation of Specified Adults) and related amendments to existing Rule 4512 (Customer Account Information) become effective February 5, 2018. In connection with the approaching effective...more

Sacramento Court: Only a Health Care Agent Can Contract for Placement in an RCFE

by Downey Brand LLP on

Incapacity planning is a major component of an estate plan. Quite often people name one person to serve as a health care agent and another person to serve as a financial agent. What role does one agent have as opposed to the...more

Business Litigation E-Note - December 2017

by Burr & Forman on

On November 16, 2017, the United States Court of Appeals for the Fourth Circuit joined the First, Fifth and Sixth Circuits in ruling that claims arising from the Interstate Commerce Commission Termination Act (“ICCTA”) can be...more

New FINRA Rules Address Elderly Abuse

by Burr & Forman on

On February 5, 2018, FINRA will enact two rules to assist brokers with addressing financial exploitation of the elderly. Statistically, the elderly have a 1 in 20 chance of being a victim of financial exploitation. ...more

1 Incident Too Many — Crime in Nursing Homes

Don’t Ignore Elder Abuse - Nursing-home nightmares continue to plague the country, from California to Texas to Minnesota to Pennsylvania. But perhaps no other state is as impacted by the abuse, neglect and robbery of the...more

Doctors Who Disobey Health Care Agents in California May Be Liable for Elder Abuse

by Downey Brand LLP on

A recent California appellate case, Stewart v. Superior Court (2017) 16 Cal.App.5th 87, validates the primacy of medical powers of attorney and (as they are more currently known) advance health care directives. Medical...more

Senate Banking Committee schedules Dec. 5 markup of regulatory reform bill

by Ballard Spahr LLP on

Last week, members of the Senate Banking Committee announced that they had reached bipartisan agreement on “legislative proposals to improve our nation’s financial regulatory framework and promote economic growth.” ...more

Elder Abuse: Are Granny Cams A Solution, A Compliance Burden, Or Both?

by Jackson Lewis P.C. on

In Minnesota, 97% of the 25,226 allegations of elder abuse (neglect, physical abuse, unexplained serious injuries and thefts) in state-licensed senior facilities in 2016 were never investigated. This prompted Minnesota...more

Lack of Informed Consent May Support an Elder Abuse Claim

In Stewart v. Superior Court, No. E067316, the Court of Appeal, Fourth Appellate District, Division Two, recently held that a hospital’s failure to obtain informed consent from the patient or the patient’s guardian prior to...more

Expect Focus - Life Insurance, Volume III - September 2017

by Carlton Fields on

EXPECTFOCUS® is a quarterly review of developments in the insurance and financial services industry, provided on a complimentary basis to clients and friends of Carlton Fields Jorden Burt, P.A. Please see full Publication...more

Expect Focus - Life Insurance, Volume III - September 2017

by Carlton Fields on

EXPECTFOCUS® is a quarterly review of developments in the insurance and financial services industry, provided on a complimentary basis to clients and friends of Carlton Fields Jorden Burt, P.A. Please see full Publication...more

Plaintiffs Survive Standing-Based Challenge to California Senior Notice and Financial Elder Abuse Claims

by Carlton Fields on

In California, actions predicated on alleged senior notice requirement violations and financial elder abuse continue to challenge life insurers. For example, in June, a California federal district court denied the insurer’s...more

A Year Into the Elder Justice Task Force: Is Your Community a Target?

by Baker Ober Health Law on

On March 30, 2016, the Department of Justice issued a press release announcing its launch of ten Elder Justice Task Forces in the Northern District of California, Northern District of Georgia, District of Kansas, Western...more

Was a Florida Nursing Home Tragedy Avoidable?

Too many patients and not enough nurses, CNA’s or other care givers to properly treat them. Patients crying for assistance from too few staff. Tragically, patients die or are critically ill because someone wanted to...more

Inspector General Audit Could Impact Skilled Nursing Facilities

by Ruder Ware on

Skilled nursing facilities (SNF) may see even more scrutiny from the Centers of Medicare and Medicaid Services (CMS) because of a recent audit conducted by the Office of Inspector General of the U.S. Department of Health and...more

Texas Adopts New Legislation Protecting Vulnerable Persons From Financial Exploitation And Places New Burdens On Financial...

by Winstead PC on

The Texas Legislature passed, and the Governor has signed, a new act that creates new protections for vulnerable individuals. HB 3921 creates a new chapter 280 of the Texas Finance Code and a new Article 581, Section 45, of...more

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