Elder Law and Special Needs Law News Roundup – 7-22-2022

We regularly post links to news articles and other resources that related to Elder Law and Special Needs Law. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Some cited resources are for professionals, but most are news or other helpful articles we scoured searching the internet. Only headlines are listed so you can use this page like a newspaper, reading only those articles where the headline catches your eye. We do not vouch for the quality or accuracy of any linked source on third-party sites. If you have news you want us to post in a future addition of our news roundup, email us at websupport@ezelderlaw.com.

General News Sources and Top News:

Caregiving News:

• Important Heat Safety Tips for Families Affected by Dementia
• 7 Things Everyone Should Know About Caregiving
• Caregivers for People with Multiple Myeloma Face Mental Health Challenges
• Caregivers were traumatized by COVID-19 public health and long-term care policies
• Adult Day Care: What Family Caregivers Need to Know

Consumer Protection, Scams, Abuse:

• National Center on Elder Abuse Annual Survey
• Here’s how to protect patients from scammers: Alzheimer’s Q&A
• Keeping safe as a senior

Health and Healthcare Related News:

• Studying the link between gum disease and Alzheimer’s disease
• Liver Disease a New Dementia Risk Factor?
• Lifestyle, not aging, may best determine dementia risk, study says
• Podcast: Signs and Symptoms of Fibromyalgia
• NIH study finds loss of ‘youth’ protein may drive aging in the eye
• Cardiovascular-related deaths in the U.S. fall, but disparities remain
• Local Post-Acute Care Resources Tied to Hospital Readmissions, Pay
• Nursing Home Closures: Causes and Solutions
• Thyroid Trouble May Raise Dementia Risks
• Scholarly Articles
  • Impact of the COVID-19 Pandemic on People Living With Dementia and Caregivers
  • Toward Healthy Aging: Human Needs and Nursing Response
  • Still Mrs. B. – An Ode to Personhood During the Pandemic
  • Coordinating illness and insurance trajectories: Evidence from a post-acute care unit
  • Contemporary Geographical Gerontology: Reconciling Space and Place in Population Ageing
  • Active aging: reception and appropriation by older people and professionals. A qualitative case study in Spain
  • Wealth and psychosocial factors among middle-aged and older adults. Findings based on nationally representative data
  • Roles of Nutrition on Sarcopenia
  • Effectiveness of an Integrated Simulation in Teaching Clinical Social Work Skills: Geriatric Mental Health Proficiency
  • Falls prediction using the nursing home minimum dataset
  • The design and conduct of a pragmatic cluster randomized trial of an advance care planning program for nursing home residents with dementia
  • Multicomponent or Resistance Training for Nursing Home Residents: A Systematic Review With Meta-Analysis
  • Association between level of care and colonization with resistant gram-negative bacteria among nursing-home residents – CORRIGENDUM
  • Putting People First: The Importance of Recommending Minimum Staffing Levels and Skills Mix

Social Security, Medicare, Medicaid and VA Benefits:

• Medicare Rule Change Could Lift Outpatient Provider Payments By $6.2B
• Biden’s tax pledge could spark a compromise on Social Security reform
• Social Security cost-of-living adjustment could be 10.5% in 2023, according to new estimate
• How to fix the too-high 2022 Medicare Part B premium?
• Does The Medicare Savings Program Do Enough To Help Seniors With Rising Costs?
• 4 strategies that can help you avoid paying extra every month for Medicare premiums
• CMA Alter | July 14, 2022
• CMA Alert | July 21, 2022
• Law Review: Expanssions of Medigap Consumer Protections Are Necessary to Promote Health Equity in the Medicare Program
• No-Bid Medicaid Contract for Kaiser Permanente Is Now California Law, but Key Details Are Missing
• What can I do if my Medicare claim is denied?
• Federal government extends PHE, keeps Medicaid eligibility reviews on pause until mid-October
• CMS approves renewal of 1915(c) Comprehensive Supports Waiver for individuals with intellectual and/or developmental disabilities
• Court settlement: Georgia Medicaid must fund gender-reaffirming care
• Review of SCOTUS decision regarding different levels of care for ESRD patients
• New case: MSP Recovery Claims v. Metropolitan General Insurance (11th Cir. 7/18/2022) (reversing district court to allow Medicare secondary payer claim) | Commentary
• CMS Issues Proposed Rule on Rural Emergency Hospital Conditions of Participation

Special Needs News:

• 2022 National Survey on Health and Disability
• Uber Settles Lawsuit On Overcharging Disabled Passengers
• Six Flags Is Making Its Parks More Accessible for Visitors with Special Needs
• Former Senator Tom Harkin and Judy Heumann on the Americans with Disabilities Act
• ‘So Rudderless’: A Couple’s Quest for Autism Treatment for Their Son Hits Repeated Obstacles
• New case: In re Special Needs Trust fbo Talonda Moss (Mich. Ct. App. 7/14/2022) (Affirms termination of special needs trust on beneficiary’s petition where beneficiary recovered from TBI)

Events, Webcasts & Podcasts:

• Rocky Mountain Regional Elder Law Retreat, August 25-27, 2022
• NELF 2022 Forum, September 9-10 in Kansas City, MO
• 53rd Annual Estate Planning Institute, PLI, September 12, 2022
• Best Practices in Trust Account Management, Tenn. Comm. on CLE, September 14, 2022, 9am to Noon CDT
• Life Care Planning for the Elderly Client: Fundamentals and Practice, September 21, 2022
• Annual Mid-Atlantic ADA Conference, October 11-13, 2022
• 24th Annual Conference on Special Needs Planning and Special Needs Trusts, October 12-14, 2022
• Elder Abuse Conference (Oregon AG), October 20-21, 2021
• National Conference on Guardianship, Dallas, TX, October 22-25, 2022
• ARC National Convention, November 10-12, Denver Colorado
• CareFreeMe – Virutal Study for memory loss patients considering retiring from driving

Government Sources:

• CMS: CY 2023 Medicare Hospital Outpatient Prospective Payment System and Ambulatory Surgical Center Payment System Proposed Rule
• CMS: Nursing Home Five Star Rating Changes
• OFR: U.S. Commercial Real Estate Has Proven Resilient, but Emerging Risks Could Generate Losses for Lenders
• GAO: Healthy Eating: Government-wide solutions for promoting healthy diets, food safety, and food security

Retirement and Financial News:

• What to Know About Rolling Over Retirement Accounts
• Planning to quit your job? 3 key things to think about first
• Financial Professionals Spring 2022 (Financial Architects)
• Self-Directed IRAs and the Backdoor Roth (Ed Slott)
• Sidestepping the New IRS Private Letter Ruling Fees (Ed Slott)
• Repaying a CRD (Ed Slott)
• Don’t Be Tricked Into Voluntarily Paying Higher Taxes on Your IRA
• Rate resets on 9.62% interest, taxes, inherited assets: Experts weigh in on 3 tricky questions about Series I bonds
• A Roth IRA conversion can be a big tax win when retirement portfolio loses value
• How Doctors view retirement (Medical Economics)
• These are the keys to 401(k) investing success in a falling market (CNN)

Estate Planning

• Debtor’s Revocation Of Trust Allows Creditors A Window To Assets In Winget
• Here’s a tax-smart charitable giving strategy using money from your IRA
• The IRS just made it easier for families to pass on millions of dollars to their children and others
• Are Uncashed Gift Checks Includable In An Estate For Federal Income Tax Purposes?
• How a trust helps in wealth and legacy planning
• How The Ultra-Wealthy Protect Their Money Using ‘Defective’ Trusts

Legal News:

• Texas CPAs Comments to Proposed Regulations on Required Minimum Distributions from Inherited IRAs
• Comments on Estate Tax Anticlaw-back regulations
• Recent Case: Sparling v. Sparling (Mich. Ct. App. 6/16/2022) (trust contested and Court affirmed jury verdict that trustor lacked capacity and found action was brought within limitations period)
• New case: Estate of Corrado v. Rieck (Mich. 7/7/2022) (In nursing home malpractice case, violation of NH’s internal rules and guidelines cannot be used to establish ordinary negligence, but may be evidence used to establish professional malpractice)
• New case: In re Mendy Disability Trust v. Colo. Dep’t of Health Care Policy & Fin. (Colo. Ct. App. 7/14/2022) (affirming trial court’s termination of trust where trust provisions provided for termination if beneficiary was ineligible for Medicaid and State found beneficiary was ineligible for Medicaid)
• New case: Paulsen v. Abbott Laboratories and AbbVie (7th Cir. 7/8/2022) (Summary judgment affirmed for defendents after patient waited years before filing malpractice suit regarding injections of prescription medication)
• New case: Hesser v. USA (11th Cir. 7/13/2022) (conviction reversed in tax evasion case)
• Retirement Asset Management: Regulatory Update
• Wrongful death does not apply to lost years of life, Md. high court rules
• Merger Doctrine, the Common Trust Fund, the Trusteed Mutual Fund, Common-Fund Doctrine, Combining Trusts, Common Fund of Related Sub-trusts: Which is not about trust investing?
• New case: In re Bagsby (6th Cir. 7/19/2022) (Affirming sanctions against attorney who filed bankruptcy petition for deceased person)

Not New, But Worth Remembering:

• State Bar of Georgia: Find a Lawyer Directory
• EzElderLaw Financial Toolbox
• 2022 SSI and Spousal Impoverishment Standards
• National Alzheimer’s and Dementia Resource Center
• Blogs and websites we follow

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