The Bureau of Consumer Financial Protection issued a new debt collection rule effective November 30, 2021. The final rule revises Regulation F, which implements the Fair Debt Collection Practices Act (12 CFR Part 1006). The new rule requires a validation notice which must include information like: Name and mailing information of the debt collector Name […]
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In Georgia and 26 other states, insurers that sell Medicare supplement insurance must also sell those policies to individuals under 65 who receive Medicare as a result of disability. Specifically, O.C.G.A. § 33-43-3(g) provides: Insurers offering medicare supplement policies in this state to persons 65 years of age or older shall also offer medicare supplement […]
General Sources: Autism Society’s Capital Connection 12-16-2021 (reviewing Build Back Better Act) National Health Care Spending in 2020: Growth Driven by Federal Spending in Response to Covid-19 (Health Affairs) House Advances Build Back Better Act (Health Affairs) Indirect Gift Tax Considerations for 2021 (The Tax Advisor) Smart moves to make with your retirement portfolio before […]
The Arc of the United States has posted more than 40 video programs designed to provide online activities for individuals with disabilities, their families and service providers. Topics include arts, community and life skills, health and wellness, virtual clubs and more. Click here for more information.
General News Sources: NAELA member Janet Colliton, CELA, wrote Eligible Charity Distribution can reduce taxes Lack of special ed teachers keeps some autistic students ill-prepared for college Bob Dole remembered as champion for people with disabilities If you have a child with special needs, here’s how to plan for their life after you pass What […]
The HIPAA privacy rule is not absolute. It recognizes that certain disclosures are beneficial, such as those where information must be shared to ensure that a patient receives the best treatment. Section 164.510 provides that a covered entity may use or disclose protected health information, provided that the individual is informed in advance of the […]
The Olmstead case was brought by two Georgia women whose disabilities include mental retardation and mental illness. At the time the suit was filed, both plaintiffs lived in State-run institutions, despite the fact that their treatment professionals had determined that they could be appropriately served in a community setting. The plaintiffs asserted that continued institutionalization […]
The cases discussed here make clear the importance of making health decisions in advance and communicating them. Too often, decisions are put off, sometimes because people fear an advance directive is a license to kill; if individuals took time to examine the document, they would find that its simply an expression of individual values, whether […]
Georgia law (O.C.G.A. § 31-39-1 et seq.) defines a candidate for non-resuscitation as a patient who, based on a determination to a reasonable degree of medical certainty by an attending physician with the concurrence of another physician: (A) Has a medical condition which can reasonably be expected to result in the imminent death of the […]
Nursing home residents and their personal representatives have a right to stay informed regarding their condition and their care. 42 CFR § 483.10(g) provides: (1) The resident has the right to be informed of his or her rights and of all rules and regulations governing resident conduct and responsibilities during his or her stay in […]
The Build Back Better Act passed the U.S. House of Representatives on Friday, November 19, 2021 on a mostly party-line vote. The White House describes the key provisions as: It lowers your costs to save you money on things like prescription drugs and health care and housing. It gets Americans back to work by providing […]
The U.S. Department of Housing and Urban Development (HUD) administers a number of programs to assist low-income families, older adults and individuals with special needs to secure safe and affordable housing. One of those programs is the Section 8 Rental Certificate Program. The Section 8 Rental Certificate program increases affordable housing choices for very low-income […]
The procedure commonly referred to as a “1013” is governed by O.C.G.A. Title 37, Chapter 3 (§ 37-3-41 et seq).* The procedure applies to individuals who present a substantial risk of imminent harm to himself, herself or others, as manifested by either recent overt acts or recent expressed threats of violence which present a probability […]
An attending physician, treating physician, or other physician licensed according to the laws of the State of Georgia, after having personally examined an adult, may certify in the adult’s medical records the following: (1) The adult is unable to consent for himself or herself; and (2) It is the physician’s belief that it is in […]
News Sources: Elder Law Attorney Daniel Tully has 9 questions you should ask before you or a loved one goes into a nursing home Elder Law Attorney Janet Colliton answers “Where is home when you have more than one?” Social Security proposal would raise revenue and temporarily enhance benefits Nursing homes can now lift most […]
The Rosalynn Carter Institute for Caregivers (RCI) and Seniorlink recently announced its winners of the 2021 Georgia Caregiver of the Year Awards. Lynn Platt of Peirce County is the Family Caregiver of the Year; Ellen Criswell of Forsyth is the Volunteer Caregiver of the Year; and Katherine Weaver of Winder is the Para-professional Caregiver of the Year. Read more…
During Covid-19, nursing facilities were allowed to restrict visitation to prevent Covid’s spread. A recent CMS letter to State Survey Directors says “[f]acilities must allow indoor visitation at all times and for all residents as permitted under the regulations” In other words, visitation is now allowed for all residents at all times. Failure to permit […]
Many people have questions about guns and gun rights, especially as they relate to the elderly. The general answer is that in the United States, guns are poorly regulated. EZ Elder Law has no opinion regarding gun ownership generally, but guns and dementia are a poor mix. It is estimated that 9% of older Americans […]
November 14 through November 20, 2021, is International Fraud Awareness Week. Georgia Attorney General Chris Carr says: Scammers are constantly adapting their fraudulent schemes to new technologies, seasonal happenings, the latest trends and current events,” said Carr. “To stay ahead of these deceptive tactics, we urge all Georgians to familiarize themselves with the common signs of a scam and to take precautions to […]
If you’ve ever wondered how to celebrate your loved one’s birthday or other special occasion, here’s an idea – TELL THE WORLD!. Melinda actually found this service and we’ve used it several times for different occasions. They are great and super inexpensive. The business name is Sassy Celebrations of Dalton, but we know there are […]
Parents who are looking to protect their special needs children often begin by considering how decisions will be made. Capacity is a continuum, so every special needs child and every family is unique. Essentially there are three models where the individual needs decision-making support. Substitute decision-making, supported decision-making, and court supervised decision-making (guardianships and/or conservatorship). […]
News Sources Year-end charitable tax planning tips When Seniors are Targeted in Schemes 14 Rollover Tax Facts to Know Rosetta Stone Offers Lifetime Deal to Learn Unlimited Languages (?Limited time?) November is National Family Caregivers Month (Autism Society) National Family Caregiver Month (VA) EZ Elder Law Trademark Application to be published in Official Gazette November […]
On Friday, November 12, 2021, at 1pm eastern, the Alzheimer’s Foundation of America will host a webinar titled “New Rules for End of Life Care.” It features guest speaker Barbara Karnes, RN, author of Gone from My Sight: The Dying Experience, and creator of New Rules for End of Life Care: A Guide on the […]
EZ Elder Law is intended to provide helpful/useful information for (1) older adults, (2) individuals with special needs, (3) caregivers and (4) the professionals who work with them. With that in mind, if you are a Certified Elder Law Attorney, NAELA Fellow, member of NAELA’s Council of Advanced Practitioners, ACTEC Fellow, Super Lawyer, AV Rated […]
When someone visits an elder law attorney, he or she is often in the middle of a crisis. Sometimes the crisis is real. Other times it is perceived due to insufficient information (or information overload). Yes, elder law attorneys do mundane, run of the mill work, but more often than not it’s a crisis that […]
A new video series by the Public Broadcasting System entitled “Future of Work,” explores how increased longevity and technological innovation are transforming the workforce. The three-part broadcast series premiered on September 1, 2021. A six-part digital series is also available exploring the lives of six Americans. View the series here: Future of Work
A nursing home resident’s room is considered the resident’s home. That’s why people in nursing home are called “residents” instead of patients. In a nursing home, the resident controls, among other things, when visitors can come and who can visit. Generally, it’s legal to film or record in your own home without the consent of […]
(Last updated 8/8/2023) The central and initial issue in every guardianship and conservatorship case is whether the proposed ward has decision-making capacity. In other words, can the proposed ward make and communicate significant decisions about himself (or herself) and can the proposed ward make and communicate significant decisions about his (or her) finances? For purposes […]
Information regarding health care advance directives is here. The Georgia statutory advance directive for health care is below:
Our page discussing powers or attorney, what they are, (what they are not), and how they are used is here. The Statutory form is here (fillable version below):
As Psychiatric Advance Directive allows an individual to designate who would make mental health decisions for the patient in the event the patient cannot speak for himself or herself and mental health treatment is required. Currently, 25 States have statutes recognizing the validity of psychiatric advance directives, but other States such as Georgia, are considering […]
The VA’s National Center for PTSD recently announced creation of two demonstration video series to help familiarize health care professionals with its mobile applications designed to help mental health professionals integrate the apps into their clinical work. Announcement link with links to videos What is PTSD?
In CL SNF, LLC v. Fountain (Ga. Supreme Court September 21, 2021), the Georgia Supreme Court reversed CL SNF, LLC v. Fountain, 355 Ga. App. 176, 183 (1) (843 SE2d 605) (2020), finding that the Georgia Guardianship Code grants a guardian authority to enter into a binding pre-dispute arbitration agreement. The Clinch County Probate Court […]
News Sources: Covid-induced life changes leave millions of Americans worried about money IRS Continues Focus on Cryptoassets Georgia Attorney General Recognizes National Cyber Security Awareness Month Georgia Attorney General Supports Congressional Hearings Addressing Youth Social Media Use Dental coverage for Medicare recipients divides parties Federal auto-IRA program would be a big step forward in expanding […]
Robert C. Port is a business litigation attorney practicing with Gaslowitz Frankel, LLC. He is author of Georgia Business Litigation and has a blog covering diverse subjects such as “Why You Shouldn’t Wait Until the Divorce is Finalized to Update Your Estate Plan,” “Investing 101: Things to Consider and Questions to Ask,” and “How Long […]
Georgia State University College of Law Virtual Event (registered attendees will be sent WebEx link) The role of public health in protecting the health of communities has long been upheld in the law. However, measures implemented to prevent the spread of COVID-19 and mitigate its impact have been met with challenges to public health legal […]
In M.K. v. Division of Medical Assistance, Superior Court of New Jersey, Appellate Division (2016), the Division imposed a period of ineligibility for benefits because she transferred ownership of her home to her daughter, J.K., for less than fair-market value within sixty months of entering a nursing home facility (the look-back period). The applicant argued […]
Next week GPB will examine the life of a titan with a two-part American Experience, learn what made Jimmy Carter the man he became and much more. GPB lineup for next week
On July 1, 2021, the Biden-Harris Administration, through the U.S. Departments of Health and Human Services (HHS), Labor, and Treasury, and the Office of Personnel Management, issued “Requirements Related to Surprise Billing; Part I,” an interim final rule that will restrict excessive out of pocket costs to consumers from surprise billing and balance billing. Surprise billing […]
Selected articles from Current Awareness in Aging Research E-Clippings: Staff Shortages Are Hammering Long-term Care Facilities, Home Care Agencies, and Families Pandemic-inspired retirement may be short-lived for many More than 41million dementia cases globally are undiagnosed – study Signs of Early Alzheimer’s May Be Spotted in Brain Stem The quality, not quantity, of cardiovascular fat […]
Attorney General Chris Carr is warning Georgians about the latest version of the grandparent scam. The scam still starts with a phone call from someone pretending to be your grandchild, one of his/her friends, a lawyer or a law enforcement officer. The caller then describes an urgent scenario requiring that thousands of dollars be sent immediately, […]
The Office of the Attorney General, on September 17, 2021, announced that the office’s Medicaid Fraud Control Unit has indicted Dr. Guy Jordan for Medicaid Fraud and for False Statements. The Hall County Grand Jury returned the indictment on September 15, 2021. “We will not stop protecting taxpayer dollars, and we thank the Hall County […]
Attorney General Chris Carr, on September 20, 2021, released an update on telecom companies’ progress in implementing the Anti-Robocall Principles he signed onto in 2019. Since September 2019, companies that agreed to these Principles have identified more than 52 billion spam or spoofed numbers calls, authenticated the caller ID numbers of hundreds of billions of […]
CMS Press Release 9/21/2021 The Centers for Medicare & Medicaid Services (CMS) is making it easier to check COVID-19 vaccination rates for nursing home staff and residents with a new feature on Medicare.gov. Today’s announcement makes vaccination data available in a user-friendly format to help people make informed decisions when choosing a nursing home for […]
News Sources: ThinkAdvisor, 4 Signs your Client is Ready for a Roth IRA Conversion Morningstar, The ABCs of Estate Planning for IRAs Under the Secure Act Financial Advisor, Gray Divorce and Avoiding Retirement Ruin Health Affairs, Care for Elders, Prices and More (September 2021 issue) KHN, Telehealth’s Limits: Battle Over State Lines and Licensing Threatens […]
On September 1, 2021, the Administration for Community Living posted a guest blog titled “BE WITH: Combating Social Isolation, Loneliness, and Suicide Risk. The blog post describes “how one project is helping build capacity within the aging network to help address social isolation and loneliness and prevent suicide amongst older adults.” Contributors include Laura Shannonhouse, […]
