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In 2005, Stuart and Phyllis Rauch purchased a nursing home facility through an LLC they formed. Their son Eric convinced them to hire his wife, Shan Chin, as a bookkeeper. The business suffered financial losses; by 2008, its net losses exceeded $585,000. In 2009, after...

Plaintiff Christopher Hermanns had been an adjunct college professor. He claimed that he quit his job at his father’s request to work in his father’s linen rental business (the “Company”). His father was the sole shareholder of the business, although plaintiff served as the president...

As many hospital patients have discovered, there are huge financial implications when a hospital designates one of its patients as an outpatient on “observation status.” In order to receive Medicare coverage for a subsequent nursing home stay, Medicare requires that the patient first have a...

On August 10, 2017, I presented at the 2017 Sophisticated Elder Law Program on Medicaid litigation strategies. I provided an overview of various strategies and tactics which have been used successfully in litigation involving Medicaid and other needs-based public benefits in state and federal courts...

Nursing home resident Joseph Gamma died after falling off his bed at the facility. His estate sued the nursing home. One of the claims the estate asserted was that the nursing home had violated the New Jersey Nursing Home Responsibilities and Residents’ Right Act (“the...