Health Care Collections and Litigation

The health care collection and litigation team of attorneys at Cona Elder Law are laser focused on assisting our clients reduce their receivables. We offer extensive experience pursuing all sources for health care reimbursement and recovery.

Cona Elder Law has litigated cases in all New York, New Jersey and Pennsylvania court jurisdictions for the past two decades.  We prosecute and resolve cases cost-effectively and efficiently for our health care organizations. We handle all collection and litigation matters, including:

• Securing private pay balances and past due NAMI
• Litigating claims in all courts throughout New York State
• Pursuing claims against estates in Surrogate’s Court
• Securing judgments, restraining assets and garnishing wages

Simply put, we'll go the distance to collect on your health care account receivables.

Health Care Guardianships

Cona Elder Law protects health care facilities from liability when caring for individuals incapable of making financial or healthcare decisions. We handle all health care guardianship matters, including:

• Obtaining the appointment of a guardian who will marshal the resident’s assets and pay their bills
• Securing immediate conditional Medicaid eligibility
• Restraining bank accounts and securing other assets immediately
• Working with guardians to spend down assets, sell real property and secure Medicaid eligibility
• Eliminating or reducing Medicaid penalty periods via turnover proceedings and undue hardship waivers
• Handling emergency petitions and life support hearings
• Achieving timely discharges and transfers
• Changing place of abode for ALF residents in lieu of eviction

Legal Counsel for CCRCs

The legal issues faced by Continuing Care Retirement Communities require special legal counsel with knowledge of this subset of the health care industry.

Our Long Island-based law firm has successfully handled all state and federal CCRC matters, including:

• Drafting new resident contracts and guarantees
• Reviewing residents’ trust agreements for responsible parties and Medicaid compliance
• Preparing Confession of Judgments
• Drafting Promissory Notes
• Reviewing Financial Disclosures
• Providing guidance regarding legally responsible parties to secure admissions documents and guarantees
• Obtaining the appointment of a guardian to manage monthly payments, make medical decisions and handle level of care transfers within the community

Medicaid Cases

Denials of Medicaid claims or late pick-up dates can easily cost your health care facility tens of thousands of dollars. The team of health care attorneys at Cona Elder Law brings decades of experience representing health care systems to quickly resolve complex Medicaid issues, including: 

• Preparing complex Medicaid Applications involving transfers of assets or real property, uncooperative families and documentary evidence problems
• Advocating at Fair Hearings
• Prosecuting Article 78 Proceedings
• Resolving excess resource issues, penalty periods and spousal refusal matters
• Handling Undue Hardship Waivers
• Securing benefits for non-US citizens via PRUCOL status

Due to our creative, cutting-edge techniques and our aggressive advocacy before the Departments of Social Services, we proudly boast a 90% success rate in securing Medicaid benefits on behalf of our health care facility clients.

NY, NJ and PA Discharge Procedures 

Cona Elder Law is experienced in navigating the complicated health care laws governing the discharge plans of patients and residents.  We assist health care facilities in complying with state laws and regulations to ensure that your facility is not exposed to liability in the discharge process. Cona Elder Law handles all discharge issues, including:

• Preparing discharge notices in compliance with New York, New Jersey and Pennsylvania statutes and regulations
• Counseling facility staff regarding psychiatric transfers and discharges
• Assisting with emergency discharges
• Advising staff on patient violence and health and safety threats
• Creating alternatives to eviction for ALF residents

At Cona Elder Law, our experience allows us to guide health care facilities through the complicated regulations and laws.   We will work closely with you and provide guidance to ensure a safe and appropriate discharge.