US bars Arbitration Clauses in Nursing Homes

The New York Times today reported that the Centers for Medicare and Medicaid Services, the federal agency that administers Medicaid, issued a new rule today barring nursing homes and assisted living facilities that accept Medicaid from requiring residents to resolve disputes through arbitration. This is big news, because it lets … Continue reading

What Questions will your Estate Planning Attorney Ask?

We try to make our clients as comfortable as possible (just ask our mascot dog, Pebbles), but nonetheless, meeting an attorney for the first time can be intimidating. Often, people don’t know what to expect. So, in this post, I’ll set forth a few questions that we might ask you … Continue reading

NJ Medicaid reduces penalty divisor

New Jersey Medicaid has reduced the penalty divisor for 2016, from $332.59 / day to $332.50 / day. Let’s back up a bit.  If you apply for long term care Medicaid, to pay for long term care in a nursing home, assisted living facility or at home with aides, you … Continue reading

Special Needs Trusts must be well-drafted

The Social Security Administration (SSA), which acts as a gatekeeper for disability benefits for many people, has been reviewing both new special needs trusts (SNT) and old, long-settled SNT’s with a fine-tooth comb.  SSA looks for technicalities that they allege violate SSA rules, and use that as a basis to … Continue reading

What to do when you represent a Medicare beneficiary in a lawsuit

If you are a Medicare beneficiary filing a lawsuit, or an attorney representing a Medicare beneficiary in a lawsuit, you should be aware of your obligations to Medicare. By law Medicare is a secondary payer, meaning that if Medicare makes payments for which someone else is ultimately responsible (such as … Continue reading

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