Category

Care Facilities
22
May

US Supreme Court Warns Lower Courts: Arbitration Agreements Must Be Evaluated “On Equal Footing” With Other Contracts

May 22, 2017
Kindred v. Clark involves two Kentucky cases, in which family members of deceased Kindred nursing...
15
May

Nursing Home Cannot Compel Arbitration When Capacity of Resident Who Signed Admissions Agreement is Questionable

May 15, 2017
James Patterson entered Care One at Moorestown on September 3, 2014. He had various serious...
18
Jan

New Resident Protections in the Revised Nursing Facility Regulations

January 18, 2017
The federal Nursing Home Reform Law was enacted in 1987, and became effective in October...
12
Oct

Preliminary Injunction Denied in Lawsuit to Prevent Medicaid Agency from Counting Dead Husband’s Assets

October 12, 2016
A U.S. district court denied a preliminary injunction to a Medicaid applicant who sued New...
17
Aug

“Spousal Refusal” Strategy, Used to Avoid Paying Nursing Home, Held to Create Implied Contract to Repay Medicaid Benefits

August 17, 2016
A New York trial court entered judgment against a woman who refused to contribute to...
27
Apr

Court Vacates Injunction Against Law Firm’s Ad Critical of Nursing Home

April 27, 2016
McHugh Fuller, a law firm which focuses on nursing home abuse and neglect, ran a full-page...
26
Apr

Payments from an Annuity Purchased with a Spouse’s “Resource Allowance” are Income under Medicaid

April 26, 2016
A New Jersey appeals court ruled that payments to the spouse of a Medicaid recipient...
22
Apr

Court Affirms Termination of Personal Care Assistance Services Received by Disabled Person Since 2009

April 22, 2016
In this case, a New Jersey appeals court held that a disabled New Jersey resident...
07
Apr

Alzheimer’s Association Issues 2016 Alzheimer’s Disease Facts and Figures Report

April 7, 2016
The Alzheimer’s Association has issued its 2016 Alzheimer’s Disease Facts and Figures report. The report is “a statistical...
28
Mar

Assisted Living Residents Who Received Charitable “Fellowship Credits” Are Ineligible for Medicaid

March 28, 2016
A New Jersey appeals court held that a needs-based credit applied to the accounts of...
25
Jan

Medicaid Denial Reversed; Agency Failed to Accommodate Disabled Applicant or Assist in Obtaining Information and Documents

January 25, 2016
After he was admitted to a nursing home in 2013, petitioner, R.P., accrued unpaid bills...
18
Jan

Medicaid’s Decision to Deny Disabled Woman’s Application for a Power Wheelchair is Vacated on Appeal

January 18, 2016
M.S. is a 73-year old residing in at a long-term care facility. She is a...
14
Jan

Top 10 Blog Posts on www.VanarelliLaw.com in 2015

January 14, 2016
Happy New Year to clients, supporters, friends and readers. Last month, an article on this...
06
Oct

Action Against Assisted Living Facility For Resident’s Choking Death Survives Summary Judgment In Federal District Court 

October 6, 2015
Nancy Gimenez-Watson was a resident of Brighton Gardens of Edison, an assisted living facility (ALF)...
02
Sep

Medicaid Gift Penalty May Not Be Reduced If Some, Or All, Of The Gifted Assets Are Returned

September 2, 2015
The Superior Court of New Jersey, Appellate Division, affirmed a decision of the Director of...
08
Jul

Comprehensive Rehabilitation Hospital Is Not Subject To New Jersey Nursing Home Act

July 8, 2015
Plaintiff Wilson Bermudez was a patient at Kessler Institute for Rehabilitation’s West Facility for five...
08
Jun

Malpractice Action Against Assisted Living Facility Dismissed; Plaintiff’s Psychiatrist-Expert Not Qualified To Render Opinion On Assisted Living Standard Of Care

June 8, 2015
In Singer v. Emeritus Senior Living Center, following a series of falls and the later...
28
May

Lawsuit May Proceed Against CCRC For Misleading Marketing

May 28, 2015
In DeSimone v. Springpoint Senior Living, the son of a deceased CCRC resident sued the...
05
May

Home Care Agency that Failed to Individually Bond Caregivers Held Liable for Caregivers’ Theft, and for Violating the Consumer Fraud Act

May 5, 2015
After reading about the Macallan Group d/b/a/ Home Care Assistance of Red Bank, New Jersey...
20
Mar

Disabled Vet Ordered Into VA Nursing Home Against His Wishes So His Limited Income Can Be Used To Pay Alimony

March 20, 2015
New Jersey’s Appellate Court ruled that, under the appropriate circumstances, it is equitable to require...
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