Written by Jill Roamer, J.D. The Deficit Reduction Act of 2005 (DRA) did many things. It implemented new whistleblower protections, changed the annuity rules, allowed states to vary premiums and cost-sharing for Medicaid benefits, and instituted the “Money Follows the Person” rule. But the heavy hitters of the DRA were the modifications of the look-back…
Written by Jill Roamer, J.D. Dean and Patricia were married for more than 50 years. In early 2017, Dean entered a nursing home. Patricia, acting as Dean’s authorized representative, executed the residency agreement with the nursing home. About six months later, Patricia filed an application for Medicaid benefits on Dean’s behalf. It was denied and…
Written by Jill Roamer J.D. Even in the beginning stages of the pandemic, advocates for nursing homes and other care facilities warned of staff shortages. And their trepidations have come true. Just last month, AARP reported that 30% of nursing homes they surveyed were experiencing staff shortages. Sadly, the report also showed that there were more than…
Written by Jill Roamer J.D. Ride-share companies, such as Uber, have boomed in recent years. Anyone needing a ride can simply make a few clicks on their smartphone or computer and a car shows up to take them to their destination. Very convenient! Folks with disabilities have also benefited from Uber’s services. A customer can…
Written by Robert T. Nickerson The public notion on those with special needs that also have service animals is continuously evolving. Many businesses and even mobile apps like uber have become more friendly towards those that need a service animal with them at all times. The downside is that with more attention also leads to…
Written by Jill Roamer J.D. As a senior ages, they may no longer be able to look after their own affairs. This could be their medical affairs, financial affairs, or both. Hopefully, the senior planned early and had the appropriate powers of attorney in place. These documents allow another to act on the senior’s behalf…
Written by Jill Roamer J.D. Federal law prohibits a nursing home from requiring that past-due expenses be paid as a condition for a resident to be admitted to or continue to stay at a facility. But what if someone volunteers such payment? This issue was recently litigated in the Commonwealth of Kentucky Court of Appeals. In this case,…
Written by Robert T. Nickerson October marks two occasions. First is national estate planning awareness month (we know it’s not the most recognized of celebrations). Second, October means it’s Halloween!Some people are spending their time watching scary movies. Some are helping out their children getting their costumes ready for trick or treating. Some are just enjoying the autumn colors…
Written by Robert T. Nickerson Have you ever seen an ad for estate planning and thought, “There’s no way I could ever afford something like that”? You’ve probably seen a lot of stories about the wealthy that’ve spent a lot on lawyers in order to have their assets prepared for their family. I’ll tell you…
Written by Jill Roamer J.D. Undue Influence is when someone pressures another in such a way that the person being influenced is not acting by their own free will; they are being coerced into taking a certain action. The person being influenced does not understand the repercussions of their actions. Recognizing undue influence is a…