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Category Archives for Health Care Facility News

When a Sex Offender Resides in Your Health Care Facility: Know Your Rights and Obligations

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Over the past several years, our firm has fielded an influx of concerns from health care facility clients who have learned that there is a registered sex offender living amongst their resident population.  Pursuant to the Sex Offender Registration Act (SORA), individuals who have been convicted of the most severe offenses are designated “Level 3” […]

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New York Proposes to Eliminate the Medicaid Resource Test in 2023

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The proposed FY 2023 Executive Budget seeks to eliminate the resource test and raise the income cap for seniors and individuals with disabilities to 138% of the Federal Poverty Level in order to align with MAGI income. Should this portion of the budget pass, and at this point there’s no reason to believe that it […]

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New York Moves Ahead With Recreational Legalization of Marijuana and Expansion of Medical Marijuana Program

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Though New York passed the Marijuana Regulation & Taxation Act (MRTA) on March 31, 2021, the state has since been slow to develop and share its plan to roll out the legalization of recreational marijuana and expansion of the medical marijuana program called for under the MRTA. On October 5, 2021, the first public meeting […]

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Nurse talking to old patients while being in a nursing home

70/40 Staffing Requirement: Anything But “Reform”

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The 2021-22 Executive Budget includes a provision to limit nursing home profit margins by requiring that a minimum of 70% of nursing home revenue be spent on direct resident care, including 40% for resident-facing staff. All nursing homes subject to the 70/40 staffing requirement that fail to comply with this provision on an annual basis, […]

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A doctor with her elderly patient

Suozzi’s WISH Act a Good Start; More is Needed

Opinion by Jennifer B. Cona, Esq. as published in Long Island Business News U.S. Rep Tom Suozzi (D-Glen Cove) introduced federal legislation last week that provides for the creation of a federal long-term care insurance trust fund to help pay for our aging population’s long term health care needs at home. This is smart policy […]

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End-of-Life Health Care Decisions – What Skilled Nursing Facilities Should Know About the Family Health Care Decisions Act and Guardianships

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Nursing homes are entrusted with ensuring that residents’ end-of-life health care decisions for their residents are carried out in accordance with the wishes of the residents, and in full compliance with all applicable laws.  This becomes an even more delicate balance when a resident is incapacitated and cannot express what those issues are. For this […]

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PRUCOL: Qualifying Residents Without Legal Immigration Status for Institutional Medicaid Benefits

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Healthcare facilities are often unaware until a resident enters its doors that the individual may have a problematic immigration status that can affect their institutional Medicaid eligibility.  Luckily, by filing an application to resolve a resident’s immigration status and/or establishing “PRUCOL” status (i.e. “Permanently Residing in the U.S. Under the Color of Law”), a resident […]

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Long Island Business News Who's Who 2021

WHO’s WHO: Healthcare Law

Published in Long Island Business News Special Section June 2021 Jennifer B. Cona is the founder and managing partner of Cona Elder Law PLLC in Melville. In practice for more than two de-cades, Cona Elder Law offers unsurpassed advocacy in health-care reimbursement and recovery, elder law, litigation and col-lections. Representing over 200 skilled nursing facilities, […]

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Let’s Talk About Sex – in Residential Health Care Facilities

Just because individuals get older or suffer from cognitive impairment doesn’t mean they lose the desire to engage in sex, whether that is with a longtime spouse or partner or with someone they develop feelings for in their new home at a residential health care facility. While facilities strive to support residents in leading full […]

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Cannabis being extracted from a bottle

HOLY SMOKE! Recreational Marijuana Use in New York: What Does It Mean for Your Facility?

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New Yorkers are abuzz with the news that the state has legalized recreational adult use of marijuana effective September 2022. Under the Compassionate Care Act, skilled nursing facilities (SNFs) and assisted living facilities (ALFs) have supported the use of medical marijuana for residents with qualifying conditions since the Act was passed in 2014. With legalized […]

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