In re Estate of Diaz, 271 Ga. 742 (1999). Leanora Diaz (Diaz) died on April 3, 1997. During the year leading up to her death, her estranged husband served divorce papers on her. Her children begged her to get medical help and, after she refused, they tried to have her involuntarily committed. Following a hospital […]
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Ashford v. Van Horne, 276 Ga. 636 (2003). Dr. Alexander Ashford and his wife were estranged after marrying in 1968. Mrs. Ashford filed for divorce in 1999 after a lengthy separation. Dr. Ashford died in 2001 during the divorce proceedings. In 1988, Dr. Ashford’s sister drove him to see an attorney. There, Dr. Ashford produced […]
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) […]
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 […]
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 […]
The following links can be used to research health care providers and, if necessary, to file a complaint with State licensing boards and boards of certification: Complaint and Discipline Process for Nurses (Powerpoint by Georgia Board of Nursing) Contact Information For Filing a Complaint with the State Survey Agency (CMS.gov) Do your research about your doctor or […]
Frontline posted a new podcast regarding a race-related murder in Chicago in 1955. That murder resulted in a bill named for the victim that would wind up in the halls of Congress. It was aimed at bringing justice to unsolved killings from the civil rights era. Around the same time, the Department of Justice and […]
The University of Alabama School of Law Director, Elder Law Clinic The University of Alabama School of Law seeks applicants for the position of Director for its Elder Law Clinic. The Director oversees and conducts all phases of legal advocacy for clinic clients, teaches and supervises clinic students, and manages law clinic staff. The position […]
