Laws, Regulations, Cases & Other Resources

Standing in Medicaid and Other Cases

"In general, in order to maintain an action, a party “must establish standing to sue on the ground asserted, which…

11 months ago

No Right to Fair Hearing Unless You Complain About Something

In L.U. v. Division of Medical Assistance (N.J. Superior Court Docket A-2937-20, May 23, 2023), the Superior Court affirmed denial…

11 months ago

Selected Georgia Medicaid Decisions

The following Georgia Medicaid cases were litigated outside the context of an administrative hearing, or were appealed beyond that point.…

12 months ago

CMS Oversight of Nursing Home Staffing Levels

Nursing homes are intended to be places of comfort and healing. More than 1.4 million individuals live in over 15,500…

12 months ago

Failure to Admit Evaluator’s Report Required Reversal of Conservatorship Order

Ms. Humprey was a hospital patient and the University of Tennessee Medical Center filed a petition for Conservatorship. The petition…

1 year ago

Are Pooled Special Needs Trusts Subject to SEC Regulation?

On March 24, 2023, the United States District Court for the Middle District of Florida ruled in Securities and Exchange…

1 year ago

The Plaintiff’s Injury Case

There are many types of "Plaintiff's cases." This article focuses on injury cases. Injury cases can be as simple as…

1 year ago

Pooled Trusts Currently Authorized to Provide Trust Services in Georgia

As of this writing, the following pooled trusts are authorized by the Department of Community Health to provide trust services…

1 year ago

Resident’s Right to Choose Activities and Interact with Others Inside and Outside the Nursing Home

Nursing home residents have the right to who they will spend time with and how they will spend it. Specifically,…

1 year ago

Resident’s Right to Refuse Unnecessary Intra-facility Transfers

Nursing home residents have a right to refuse unnecessary transfers within the facility. Specifically, 42 C.F.R. § 483.10(e)(7) and (8)…

1 year ago