One-third of Medicare beneficiaries experienced harm or adverse events during a nursing facility stay, and about 60% of those instances were preventable, according to reports from the Inspector General of the Department of Health and Human Resources. A new 60-page report from the Centers for Medicare & Medicaid Services (CMS) delves into the steps nursing homes.. read more →

MyMobility Plan, a new tool from the Centers for Disease Control and Prevention, helps older adults plan for future mobility and independence when driving a car is no longer an option. The Centers for Disease Control and Prevention (CDC) developed the MyMobility Plan app to help older adults take action to maintain optimal mobility, avoid falls, and.. read more →

Is your medical item or service covered by Medicare Part A and/or Part B? Now there’s a quick way to check! Medicare’s free “What’s Covered” app delivers accurate cost and coverage information right on your smartphone. Now you can quickly see whether Medicare covers your service in the doctor’s office, the hospital, or anywhere else.. read more →

The Handbook for Helping People Living Alone with Dementia Who Have No Known Support provides practical guidance as well as tools for helping a person living alone who does not have informal supports, including people with dementia who have a caregiver that cannot provide support. The handbook includes practical strategies for identifying people who are.. read more →

The following article appeared in the October 18, 2018 edition of the Star-Ledger newspaper: STUDY Caregivers Neglect Their Own Health Lauran Neergaard, Associated Press Skipping your checkup but not grandma’s? Caring for an older loved one is a balancing act, and a new poll shows that too often it’s the caregivers’ health that’s neglected. The survey,.. read more →

A.F. was diagnosed with Alzheimer’s disease and osteoarthritis in 2007. She also had difficulty walking. Her husband, T.F., was in failing health, with Parkinson’s disease and COPD, and had other mobility issues.  Beginning in 2012, T.F. could not care for A.F. due to his own health problems. T.F. died of lung cancer in 2015. J.F.,.. read more →

On May 8, 2018, the Veterans Affairs (VA) Committee of the U.S. House of Representatives passed H.R. 299, the Blue Water Navy Vietnam Veterans Act of 2017. The bill would restore benefits to thousands of Vietnam veterans; expand inclusive dates to those who served along the Korean demilitarized zone (DMZ); and, benefit children born with.. read more →

Between April 2, 2018 and April 11, 2018, the New Jersey Superior Court, Appellate Division, issued six separate opinions involving Medicaid. While this is unusual, what is even more striking is that all six cases involve the same appellate court panel, and the same attorney representing each of the appellants. In these cases, the law.. read more →

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 three-day inpatient stay. The “observation status” designation is an outpatient.. read more →

This case arose from the conduct of siblings who held divergent views regarding placing their parents in a skilled care facility. The parties, two brothers and their sister, are the adult children of elderly parents. They grew up in New Jersey, but defendant brother moved to Long Island, NY, 36 years ago. Defendant’s younger brother,.. read more →

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 →

Why do some older adults remain mentally agile with excellent memory and attention span while others experience a decline in cognitive skills, subject to forgetfulness or dwindling attention span? A recent study by researchers at the Massachusetts General Hospital attempted to answer that question, and discovered information that may be useful to readers.  In the study,.. read more →

The Centers for Medicare and Medicaid Services, the Department of Veterans Affairs (VA), the Social Security Administration and other state and federal agencies have released the following important numbers for 2017. MEDICARE Medicare Part A deductible: $1316 for each benefit period. Medicare Part A co-payments for hospital stays: Day 1-60: $0 co-payment for each benefit.. read more →

Last year, the National Senior Citizens Law Center (NSCLC), an important voice for low-income seniors for the past 43 years, launched a new name and tagline—Justice in Aging:  Fighting Senior Poverty Through Law. The focus of the organization continues to be advocacy and litigation to secure the rights of low-income seniors, and education and training of advocates.. read more →

President Obama has proclaimed November 2016 as National Alzheimer’s Disease Awareness Month. The President has called upon the people of the United States “to learn more about Alzheimer’s disease and support the individuals living with this disease and their caregivers.” Alzheimer’s disease is an irreversible, progressive brain disorder that slowly destroys memory and thinking skills.. read more →

Medicare’s annual open enrollment period runs from October 15 to December 7–the period when enrollees can shop for new coverage. Now is the time to review your options to determine if you should switch plans. During Medicare’s annual open enrollment period, you may (1) enroll in a Medicare Part D (prescription drug) plan; (2) change your Part.. read more →

“Graduates Timeline” Helps Students with Intellectual and Developmental Disabilities Transition from School to Adulthood New Jersey’s Division of Developmental Disabilities, an agency within the Department of Human Resources, provides public funding for services and supports that assist New Jersey adults with intellectual and developmental disabilities who are aged 21 and older to live as independently as possible. The.. read more →

The plaintiff, Marjorie Fister, is the mother of defendant Kevin Edward Fister. In 2010, the defendant, along with his wife and four adult children, moved into plaintiff’s home with her. Mrs. Fister’s health declined and, in 2012, she moved into her daughter’s New York home. However, the defendant and his family remained in Mrs. Fister’s.. read more →

  The Law Office of Donald D. Vanarelli provides Special Needs Trusts and Disability Planning Attorney Services throughout the State of New Jersey. See: https://vanarellilaw.com/special-needs-disability-planning/ Elder Law topics covered in this video include Guardianships, Conservatorships, Power of Attorney, Representative Payeeships (SSA and SSI), Joint Tenancies (including joint bank accounts), Advance Medical Directives (living wills), Do.. read more →

I represented the 84-year old petitioner in P.R.-P. v. United Healthcare , a case in which we successfully appealed the reduction in her Medicaid personal care assistant (“PCA”) hours. The petitioner suffers from advanced Alzheimer’s disease, coronary artery disease, diabetes, congestive heart failure, kidney failure, renal failure, blindness, and bladder incontinence, among other things. She.. read more →

The New York State Bar Association has issued a brochure to help consumers understand the benefits of utilizing an elder law attorney to assist (1) in the preparation of Medicaid applications and (2) in planning for yourself or a loved one to protect assets when seeking eligibility for public benefits based upon financial need. The.. read more →

The Alzheimer’s Association has issued its 2016 Alzheimer’s Disease Facts and Figures report. The report is “a statistical resource for U.S. data related to Alzheimer’s disease, the most common cause of dementia, as well as other dementias.” Aside from providing a definition of Alzheimer’s disease (“Alzheimer’s disease is a degenerative brain disease and the most common cause of.. read more →

The New Jersey Law Revision Commission (“NJLRC”) is an independent legislative commission of the State that engages in an ongoing review of statutes and case law, in order to remedy defects and clarify confusing language in those statutes. The NJLRC is proposing a revision to the New Jersey statutes in order to codify the Supreme.. read more →

Readers of this blog know that applicants for public benefits often appeal the decisions made by the various administrative agencies involved in providing benefits. Applicants appeal for various reasons, usually based on the outright denial of benefits or an award of fewer benefits than anticipated. The appeals are considered and decided by administrative law judges.. read more →

Caring for an elderly or disabled person frequently involves strenuous physical tasks as well as managing financial matters, organizing care, and more. As a result, caregivers may feel frustrated, isolated, stressed and overwhelmed. Although these feelings are perfectly normal, they can be harmful to both the caregiver and the person needing care. Over time, elder.. read more →