Laws, Regulations, Cases & Other Resources

Settlement of Probate Dispute Enforced As WrittenSettlement of Probate Dispute Enforced As Written

Settlement of Probate Dispute Enforced As Written

On June 12, 2023, the Tennessee Court of Appeals (Knoxville) upheld a settlement agreement requiring the recipient of funds in…

2 years ago

What is Undue Influence?

In Milbourne v. Milbourne, 301 Ga. 111 (2017), The Georgia Supreme Court affirmed a Gwinnett Probate Court Order refusing to…

2 years ago

Supreme Court Rules Nursing Home Resident Rights Are Enforceable Under Section 1983

Last year we reported that Talevski v. Health and Hospital Corporation of Marion County (HHC) was headed to the Supreme…

2 years ago

Statute of Limitations on Legal Malpractice Claim Runs from Last Action

On May 26, 2023, the Ohio Court of Appeals for the Sixth Appellate District decided Kaltenbach v. Wasserman. Keith Kaltenbach…

2 years ago
Nursing Home Quality of Care Regulations Amended to Remove Expired COVID-19 ProvisionsNursing Home Quality of Care Regulations Amended to Remove Expired COVID-19 Provisions

Nursing Home Quality of Care Regulations Amended to Remove Expired COVID-19 Provisions

On June 5, 2023, the Centers for Medicare and Medicaid Services (CMS) amended 42 C.F.R. § 483.80 (infection control) and…

2 years ago
Approving Settlements for MinorsApproving Settlements for Minors

Approving Settlements for Minors

In April, 2022, we reported that HB 620 altered how settlements for minors can be approved under O.C.G.A. § 29-3-3,…

2 years ago
Standing in Medicaid and Other CasesStanding in Medicaid and Other Cases

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…

2 years ago
No Right to Fair Hearing Unless You Complain About SomethingNo Right to Fair Hearing Unless You Complain About Something

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…

2 years ago
Selected Georgia Medicaid DecisionsSelected Georgia Medicaid Decisions

Selected Georgia Medicaid Decisions

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

2 years ago
CMS Oversight of Nursing Home Staffing LevelsCMS Oversight of Nursing Home Staffing Levels

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…

2 years ago