A Union County judge has ordered life support resumed for a patient who has been in a vegetative state for 14 months, restraining a hospital from taking it upon itself to discontinue or suspend treatment, and rejecting arguments that public health considerations take precedence over the patient’s family’s wishes. Ruben Betancourt has been unconscious since.. read more →
A special court recently ruled against three families who claimed that childhood vaccinations contributed to their children’s autism. The families had requested compensation from the federal vaccine injury fund, which was established to compensate injuries incurred through mandatory vaccinations, after their children developed autism following routine measles, mumps and rubella (MMR) vaccinations. However, the court,.. read more →
According to the February 19th Edition of the Kansas City Star newspaper’s online edition, KansasCity.com, people with disabilities are one of the hidden victims of the economic downturn A new study shows that Social Security Disability Insurance (SSDI) claims have generally increased during the seven recession periods over the past four decades. During 2008, the.. read more →
The House of Representatives has passed the Elder Abuse Victims Act of 2009 (H.R. 448). The bill authorizes funding “to protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid victims of elder abuse, to provide training to prosecutors and other law enforcement.. read more →
Sunday, February 8th, has been designated as Autism Sunday, an international day of prayer for those with autism spectrum disorders. Autism Sunday was first held in 2002 during Autism Awareness Year in the United Kingdom. This event is a new way to raise autism awareness around the world: World Church Leaders have sent messages of.. read more →
After receiving complaints from tenants who received letters telling them that they had to vacate foreclosed premises, New Jersey Public Advocate Ronald Chen wrote to three real estate agencies and their attorneys in December 2008 to inform them that it is illegal to evict any tenant in New Jersey just because the landlord owns a.. read more →
This year, the Guardianship Association of New Jersey, Inc. (GANJI) held its 13th Annual Conference on Guardianship on October 30th at the New Jersey Law Center in New Brunswick, NJ. The conference was entitled “Surrogate Decision-Making: A Holistic Approach.” The Program Schedule is attached here – 13th-annual-conference-on-guardianship-10-31-08. As can be seen, there was a wide.. read more →
More than ten years after the measure was first proposed, Congress finally passed a law requiring that insurance companies provide enrollees suffering from mental illness with coverage equal to the coverage they would receive for any other type of condition. The new law was included in the controversial economic bailout package passed by Congress and.. read more →
T.H. was a fifty-five year old man who suffers from Asperger’s Syndrome, a developmental disability. T.H. was cared for by his parents his entire lifetime. After T.H.’s parents died, T.H.’s family applied for services on his behalf pursuant to N.J.S.A. 30:4-25.2 from the Division of Developmental Disabilities (“DDD”). DDD staff interviewed T.H. and his family… read more →
Federal law allows nursing homes to evict residents for six reasons: they are healthy enough to return home; they require care not offered at the nursing home; they risk the health of other residents or staff; they endanger the safety of other residents or staff; they do not pay their bills; or the nursing home.. read more →
The federal statute concerning the stimulus checks exempts them from being counted as income by any federally funded program like Medicaid or SSI. Further, the checks are not counted as resources in the month of receipt or the following two months.The Center for Medicare and Medicaid Services (CMS) issued a notice on this issue which.. read more →
A recent article in the NJ Lawyer newspaper examined the safeguards in federal and state law designed to protect elderly, infirm and disabled nursing home residents from involuntary transfers or discharges from their care facilities. According to federal law, a nursing home can discharge a resident only for the following reasons: The resident’s health has.. read more →
A federal district court in Illinois denied the state Medicaid agency’s motion for summary judgment in a case testing whether a man with severe disabilities can receive care at home under the state’s Medicaid waiver program rather than in a nursing home. Grooms v. Marah (N.D.Ill., No 06 C 2211, May 30, 2008). David Grooms,.. read more →
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