Nursing home deaths up 32% in 2020 amid pandemic. The AP reported “Deaths among Medicare patients in nursing homes soared by 32% last year, with two devastating spikes eight months apart, a government watchdog reported Tuesday in the most comprehensive look yet at the ravages of COVID-19 among its most vulnerable victims” Read more The […]
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In Wilder v. Virginia Hospital Assn., 496 U.S. 498 (1990), the Supreme Court stated: Medicaid is a cooperative federal-state program through which the Federal Government provides financial assistance to States so that they may furnish medical care to needy individuals. § 1396. Although participation in the program is voluntary, participating States must comply with certain […]
In Georgia Department of Community Health v. Medders, 292 Ga. App. 439, 2008 Ga. App. LEXIS 804 (2008) the Court stated the appellate standard of review as follows: “In addressing this appeal, we are mindful of the narrow scope of judicial review applicable to administrative agency matters. A court cannot “substitute its judgment for that […]
TCA 30-2-310 was amended effective April 7, 2021. Tennessee Code Annotated, Section 30-2-310, is amended by adding the following as new subsection (c): (c) Notwithstanding subsections (a) and (b), § 71-5-116, and §§ 30-2-306 – 30-2-309: (1) If the bureau of TennCare receives a notice to creditors as defined in § 30-2-306(b) within twelve (12) […]
U.S. Supreme Court Upholds the Affordable Care Act in California v. Texas, a decision issued on June 17, 2021. “For these reasons, we conclude that the plaintiffs in this suit failed to show a concrete, particularized injury fairly traceable to the defendants’ conduct in enforcing the specific statutory provision they attack as unconstitutional,” Breyer wrote. […]
World Elder Abuse Awareness Day was officially June 15, 2021, but that doesn’t mean we shouldn’t be aware of it every day. The USC Center for Elder Justice has Tools & Tips and an Action Kit to help us address this problem. World Elder Abuse Awareness Day provides an opportunity for communities around the world […]
On the Georgia Supreme Court’s Argument Calendar for May 18, 2021 is Clinch Healthcare Center Et. Al. v. Fountain, As Administrator of the Estate of LeRoy Wiggins (S20G1292). The Court’s Summary is as follows: A nursing home and its owners are appealing a Georgia Court of Appeals decision that upheld Cobb County State Court’s denial […]
“The construction of a contract is a question of law for the court.” O.C.G.A. § 13-2-1. The cardinal rule of construction is to ascertain the intention of the parties. If that intention is clear and it contravenes no rule of law and sufficient words are used to arrive at the intention, it shall be enforced […]
The following language was used in a contract dispute where a Motion for Summary Judgment was filed in Superior Court: “The standard on motion for summary judgment is whether any genuine issue of material fact exists and, if not, whether the moving party is entitled to judgment as a matter of law. See O.C.G.A. § […]
The general rule under 42 U.S. Code § 1396p(c)(1) is that any transfer for less than fair market value results in assessment of a transfer of resources penalty. There are, however, exceptions to the general rule. Subsection (c)(2)(A)(iv) is one of those exceptions and it provides that no penalty can be assessed if a home […]
