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 →

After he was admitted to a nursing home in 2013, petitioner, R.P., accrued unpaid bills of $264,146 for nursing care services. As a result, three successive Medicaid applications were filed on R.P.’s behalf. It was undisputed that R.P. lacked the capacity to assist with any of the Medicaid applications. The first Medicaid application, filed in.. read more →

M.S. is a 73-year old residing in at a long-term care facility. She is a hemiplegic who suffers from obesity, diabetes, arthritis, osteoporosis and COPD. Because she is completely paralyzed on her left side, she had been using a manual one-arm wheelchair. She filed an application to the Division of Medical Assistance and Health Services.. read more →

Medicare beneficiaries may now discuss options for end-of-life care with their health care providers. Beneficiaries were always free to talk about advance care planning with their doctors or other qualified health professionals. Unfortunately, however, until recently practitioners could be reimbursed for such discussions only during a patient’s “Welcome to Medicare” visit. Under new regulations effective.. read more →

Medicare is the federal government’s principal health care insurance program for people 65 years of age and over. In addition, the program covers people of any age who are permanently disabled or who have end-stage renal disease (people with kidney ailments that require dialysis or a kidney transplant). The Medicare program insures 49 million Americans.. read more →

Donald D. Vanarelli, Esq. will be speaking at the “First Annual End Of Life Conference: Legal and Practical Issues in Advance Care Planning” presented by the New Jersey Institute of Continuing Legal Education on Monday, Oct. 5, 2015, from 9 a.m. to 1 p.m., at the NJ Law Center in New Brunswick, NJ This program,.. read more →

In Singer v. Emeritus Senior Living Center, following a series of falls and the later death of Elizabeth Singer, her family sued the Emeritus Senior Living Residence, claiming that the last of those falls led to Mrs. Singer’s cognitive decline and hastened her death. Plaintiff’s expert was a board certified psychiatrist. At the conclusion of.. read more →

In DeSimone v. Springpoint Senior Living, the son of a deceased CCRC resident sued the owner/operator and CEO of five continuing care retirement communities (“CCRCs”) in New Jersey. The suit, which was brought individually and as a class action, alleged violations of the CCRC Act and the Consumer Fraud Act (“CFA”), in addition to common.. read more →

Plaintiff, D.W., is a 48 year-old woman with Down’s Syndrome and the mental capacity of a 4-year-old. She requires care 24 hours per day, 7 days per week. She resides with her sister who works full-time. D.W. participates in the Personal Preference Program (PPP) administered by the Division of Medical Assistance and Health Services (DMAHS)… read more →