The federal Nursing Home Reform Law was enacted in 1987, and became effective in October 1990. The Reform Law governs any nursing facility that accepts reimbursement from Medicare or Medicaid, and applies to all residents in any such facility, regardless of the individual resident’s payment source. In other words, the law applies whether the resident’s.. read more →

Happy New Year to clients, supporters, friends and readers. Last month, an article on this blog ranked the 25 most popular blog posts and website articles on the Vanarelli Law Office website in 2015. Since then, I decided to narrow my focus a little. In this post, I focused solely on blog posts, and created.. read more →

Nancy Gimenez-Watson was a resident of Brighton Gardens of Edison, an assisted living facility (ALF) operated by Sunrise Senior Living and its parent company. Mrs. Watson was in the “Reminiscence Plus” program for residents diagnosed with Alzheimer’s disease or dementia. In April 2008, Mrs. Watson choked on her food. After a Brighton Gardens nurse administered.. read more →

Plaintiff Wilson Bermudez was a patient at Kessler Institute for Rehabilitation’s West Facility for five weeks, during which his treatment included 24-hour rehabilitative nursing “to address complex medical, nursing, and rehabilitative needs.” When Bermudez later sued Kessler for injuries he allegedly sustained, he included claims under the New Jersey Nursing Home Responsibilities and Rights of.. read more →

A New York trial court ruled that residents of a continuing care retirement community (CCRC) breached their contract when they applied for Medicaid before spending down their assets.  Good Shepherd Villages v. Yezzi (NY Slip Op 51900 – NY: Supreme Court, Broome 2014).  Peter and Hazel Yezzi signed a contract with Good Shepard Village (the “Good.. read more →

A nursing home resident’s adult child who signs an admission agreement as the “Responsible Party” can be sued in his/her individual capacity for services rendered to the resident, if the adult child fails to use the resident’s financial resources to pay for care provided by the facility. Manahawkin Convalescent v. O’Neill, 217 N.J. 99 (2014)… read more →

In the May 30, 2014 Kongtcheu v. Secaucus Healthcare Center decision, the United States District Court for the District of New Jersey denied the defendant nursing home’s motion to dismiss a claim against it brought by nursing home resident Philbert F. Kongtcheu. In Kongtcheu, the pro se nursing home resident brought a variety of claims.. read more →

A United States District Court recently ruled that a nursing home resident does not have a private right to assert a lawsuit against a nursing home for involuntary discharge under the Nursing Home Reform Act. Schwerdtfeger v. Alden Long Grove Rehabilitation and Health Care Center (U.S. Dist. Ct., N.D. Ill., No. 13 C 8316, May.. read more →

The New Hampshire legislature has enacted a new law that allows nursing homes to sue anyone who received an asset transfer from a nursing home resident, and also makes the resident’s fiduciaries liable for the cost of care under certain circumstances. This new legislation became law on July 2, 2013. The law, enacted under Title.. read more →

In this case, the United States District Court for the Southern District of New York granted  summary judgment for plaintiffs in a lawsuit alleging that the State of New York failed to render final decisions following Fair Hearings within the ninety-day period following the filing of Fair Hearing requests as required by federal and state.. read more →

In an August 29, 2013 unpublished decision, the Appellate Division considered and affirmed the trial court’s denial of a nursing home’s motion to dismiss a personal injury and wrongful death claim brought by the estate of a former resident. Levonas v. Regency Heritage Nursing and Rehabilitation Center (Docket No. A-4995-11T4, Aug. 29, 2013). In Levonas, the.. read more →

A Rhode Island trial court holds that a niece who signed a nursing home admissions agreement on behalf of her aunt did not sign as a responsible party, and is therefore not personally liable for her aunt’s unpaid nursing home bill. Sunny View Nursing Home, Inc. v. Gorman (R.I. Super. Ct., No. KC 11-0491, Dec. 4,.. read more →

An appeals court in New Jersey held that a nursing home resident’s adult child who signed a nursing home admission agreement as the “Responsible Party” can be sued in his/her individual capacity for monies owed to the facility for services rendered to the resident if the adult child fails to use the resident’s financial resources.. read more →

In the Estate of Rosa M. Mendoza v. Trenton Psychiatric Hospital and Department of Human Services, Division of Mental Health Services, N.J. App. Div. No. A-1553-07T2 (July 20, 2010), the Superior Court of New Jersey, Appellate Division, affirmed a decision of NJ’s Department of Human Services (DHS) which approved the recommendation of the Compromise Panel.. read more →

In an August 10, 2010 opinion that was approved for publication, the New Jersey Appellate Division addressed the Federal Arbitration Act (“FAA”) and its impact on New Jersey’s Nursing Home Responsibilities and Rights of Residents Act (“Residents’ Rights Act”). Estate of Ruszala v. Brookdale Living Communities, Inc., No. A-4403-08T1 (N.J. Super. App. Div. Aug. 10,.. read more →

A North Carolina appeals court recently held that assets owned by an incompetent Medicaid recipient which were discovered by her family after she had been receiving Medicaid benefits for several years were countable and that the family must repay the benefits already paid on the Medicaid recipient’s behalf. Ella Mae Cloninger suffered from Alzheimer’s disease.. read more →

Defendant, Benjamin Levine, served as power of attorney for his aunt, Grace Levine. Defendant’s aunt was admitted to a convalescent facility owned by plaintiff, Hebrew Health Care, Inc. During the admissions process, the defendant signed an “Admission and Financial Agreement” which provided, among other things, that defendant “promptly apply for, or … assist the [plaintiff].. read more →

The case of Detloff v. Absecon Manor Nursing Center, Docket No. A-5941-07T2 (App. Div., August 4, 2009) arose out of the care and treatment provided to decedent while she was admitted at defendant Absecon Manor, a long-term care facility. Plaintiff, executrix of the estate of Mary Mazzei, filed a complaint alleging nursing malpractice supported by.. read more →