News & Analysis as of

Elder Issues

FINRA Publishes FAQs on New Measures to Prevent the Financial Exploitation of Seniors

In January 2018, FINRA issued guidance on the provisions of Rule 2165 and the amendments to Rule 4512, which were approved in February 2017. The new requirements are aimed at preventing the financial exploitation of seniors,...more

Rather Than Ending Medical Expense Deduction, Final Tax Bill Expands It

Included in the new tax bill, signed by President Trump on December 22, is a provision that could provide some temporary relief for families with high medical expenses....more

How Does Workers' Comp Affect SSDI Benefits?

Some people become disabled as the result of a work-related illness or injury. In these cases, the individual may be eligible for both Social Security Disability Insurance (SSDI) and workers’ compensation benefits....more

Dining for Dollars

In the past the dining room in any assisted living facility was considered comparable to a dispensary—a necessary service facility for the residents. Over time, some ALFs dressed them up with dress codes, decorations at...more

Low-Income Housing for People with Disabilities

People with disabilities are disproportionately low-income. Like many other marginalized communities, people with disabilities are being priced out of many neighborhoods, especially in large metropolitan centers, as rental...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

Arbitration and Eviction: A Recipe for Delay

Leases in an independent living component of an assisted living facility will often contain an arbitration provision. Although arbitration can be helpful in reducing litigation expenses, arbitration can lead to significant...more

You Can Give Away More Tax Free in 2018

After staying the same for five years, the amount you can give away to any one individual in a particular year without reporting the gift will increase in 2018. ...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

Three Reasons Why Giving Your House to Your Children Isn't the Best Way to Protect It From Medicaid

You may be afraid of losing your home if you have to enter a nursing home and apply for Medicaid. While this fear is well-founded, transferring the home to your children is usually not the best way to protect it....more

Medicare's Part B Premium Will Be Unchanged in 2018, But Many Will Pay More. Got That?

The announcement of the 2018 Medicare premium is good news for some beneficiaries and bad news for many others. The good news is that the standard monthly Part B premium, which about 30 percent of Medicare beneficiaries pay,...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

What Caregivers Can Do to Create a Dependable Bedtime Routine

Adequate sleep is essential to good health. Unfortunately, sleep can be difficult for elderly people and their caretakers, particularly among elderly people who are disabled. Physical pain, emotional stress, or challenging...more

Demand for Employees Expected to Continue to Grow

It’s no secret that finding and keeping good employees is one of the keys to the success of any senior living facility. Owners and operators are having to become more and more creative in offering incentives and perks to...more

Don’t Despair! Senior Housing Services Demand Will Continue to Grow.

Although the competition between facilities for residents and employees creates a headwind for the industry, it is important not to lose sight of the simple fact that time and demographics are on the side of senior housing...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

Who May Open an ABLE Account?

ABLE accounts are a great new savings tool for individuals with disabilities, but not all people with disabilities are eligible to open these accounts. The rules for determining eligibility are for the most part...more

Government's Duty to Accommodate People with Disabilities in Natural Disasters

Hurricanes, floods and wildfires have ravaged large swaths of the U.S. this year. Every major natural disaster disproportionately harms society’s most vulnerable populations, particularly people with disabilities....more

Data Privacy + Cybersecurity Insider - November 2017 #2

by Robinson & Cole LLP on

Michigan Governor Rick Snyder has signed into law the Cyber Civilian Corps Act, which established the Michigan Cyber Civilian Corps, dubbed MiC3. The corps has been in existence for three years but not statutorily deployed. ...more

Privacy Tip #113 – Protect Seniors’ Personal Information

I just read an article about a nurse from Florida who was convicted of wire fraud, theft of government funds, possession of unauthorized access devices and aggravated identity theft....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

Baby Boomers Continue to Push the Trends in Senior Living

Baby Boomers spent more money in life on leisure activities than previous generations, and will therefore demand the types of lifestyle they have experienced. Restful rooms with Wi-Fi connections, expresso bars and cafes...more

Florida Administrative Law Judge Invalidates Governor’s Executive Order Mandating Generators for Senior Housing Facilities

Last week, an Administrative Law Judge ruled against the governor and state agencies regulating senior housing communities, finding that the controversial emergency order did not address a true emergency and as written was...more

How to Reverse Medicare Surcharges When Your Income Changes

What happens if you are a high-income Medicare beneficiary who is paying a surcharge on your premiums and then your income changes? If your circumstances change, you can reverse those surcharges....more

Nursing Home Costs Rise Sharply in 2017

The median cost of a private nursing home room in the United States has increased to $97,455 a year, up 5.5 percent from 2016, according to Genworth's 2017 Cost of Care survey, which the insurer conducts annually. Genworth...more

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