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Category Archives for Health Care Facility News

Avoiding Evictions in Your Assisted Living Facility

No matter how diligently you vet a prospective resident, there are going to be times when your facility gets stuck with a resident, or a resident’s family, who doesn’t pay the bill. Most Assisted Living Facilities (ALFs) think that the only recourse is to initiate eviction proceedings. Before COVID, your typical eviction proceeding would drag […]

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The Takeaway From CFPB & CMS’ September 8, 2022 “Notification Letter”

It seems like every Skilled Nursing Facility (SNF) reacted differently to The Consumer Financial Protection Bureau (“CFPB”) and the Centers for Medicare & Medicaid Services (“CMS”) joint “Notification Letter”. Some SNFs simply shrugged it off, thinking that it was pure puffery on the Feds part while others, and I believe rightfully so, read the “Notification […]

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The Smart Way to Appeal a Foolish Fair Hearing Decision

We’ve all read Fair Hearing Decisions and wondered whether the Administrative Law Judge and Commissioner’s Designee deciding the hearing actually knows the law. I recently had a decision come across my desk where the Department of Health concluded that the skilled nursing facility had no standing to file an application on behalf of a deceased […]

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THE DANGERS OF REFERRING YOUR FACILITY’S MEDICAID APPLICATIONS TO A MEDICAID CONSULTANT

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A case study in “good things aren’t cheap and cheap things aren’t good” It seems like everyday there’s a new “Medicaid Consultant” advertising in the local paper, on-line or soliciting at nursing homes. But here’s the problem with these agencies: they’re not attorneys. We all know that the Medicaid Program, especially Institutional a/k/a “nursing home” […]

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NEW CASE LAW UPHOLDS THE ENFORCEABILITY OF A CAREFULLY CRAFTED ADMISSION AGREEMENT AGAINST A THIRD PARTY SIGNATOR

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The enforceability of a nursing facility admission agreement against a third party signator (i.e. signed by a person other than the resident) has been and likely always be, a highly contested issue in any litigation in which a nursing facility is seeking to recover damages for breach of contract. However, a recent Appellate Division, Second […]

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All Admission Agreements Are Not Created Equal! How to Ensure Your Admission Agreement Protects Your Facility

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Admission Agreements are the first line of defense in proactively addressing any financial concerns your facility may have in addressing problems with residents’ financial accounts.  Even if your facility has a robust Admission Agreement, it may not include all of the important things that a facility may need it to cover in the event of […]

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Medicaid Alert: New York State Budget and its Impact on Nursing Home Medicaid Eligibility

On April 9, 2022, Governor Kathy Hochul signed the annual state budget and addressed many important issues facing older adults.  The budget expands Medicaid benefits for people 65 and over, as well as benefits for the disabled. The state budget raised the permissible income and resources thresholds, which will be made effective on January 1, […]

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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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