Elder Law and Special Needs Law News Roundup – 9-23-2022

We regularly post links to news articles and other resources 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 found scouring 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. Although we review a number of sources collecting information, many of the articles listed here were found using Google Alerts. If a link you need has gone missing, try pasting the link into the Wayback Machine (Internet Archive). We do not vouch for the quality or accuracy of information 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.

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General News Sources and Top News:

Caregiving News:

• 2022 National Strategy to Support Family Caregivers (the strategy will be open for public comment for 60 days beginning on October 1. Subscribe to ACL Updates to receive a reminder and a link to the comment portal)
• After being dropped, vets and their caregivers may remain in VA program
• Three Reasons Building A Caregiver-Friendly Culture Is Good For Business
• Amid a national caregiving crisis, these families struggle to get by
• How to Keep a Senior Loved One Safe

Consumer Protection, Scams, Abuse:

• FTC Proposes New Rule to Combat Government and Business Impersonation Scams | Rule
• Guardrails’ needed? Telehealth fraud cost Medicare USD 128M in first year of COVID pandemic, feds say
• Some forms of elder abuse worsened during the COVID-19 pandemic, study finds
• Caregiver arrested for elder abuse
• Carrollton police shut down drug operation and elder abuse at ‘bug-infested’ home

Health and Healthcare Related News:

• Scholarly Articles, Week of September 23, 2022
• Cognitive health may benefit from balanced meal timing
• Multivitamins Linked to Healthier Brains in Old Age
• Research Reveals Cause of ‘Freezing’ Gait in Parkinson’s
• Spanish-Language Resources and Health Literacy Tools Featured During Hispanic Heritage Month
• In A First, Federal Panel Recommends Anxiety Screening For Adults Under 65
• Microprotein Mutation Linked With Higher Alzheimer’s Risks
• Seniors, This Daily Routine May Keep You Sharper, Happier
• Addressing Malnutrition in the Aging Network

Social Security, Medicare, Medicaid and VA Benefits:

• Legal fights and loopholes could blunt Medicare’s new power to control drug prices
• U.S. Retirees Aren’t Waiting Till Age 70 to Collect Social Security
• Medicaid Fraud Case Costs Centene $166 Million Settlement In Texas
• New case: Simington v. Com’r of Soc. Sec. (W.D. Mo. 9/16/2022) (affirming denial of disability claim because there was substantial evidence to support ALJs findings; plaintiff had failed to seek treatment for alleged seizures for more than 20 years even though she had Medicaid coverage which “belies her claim that the lack of insurance was the reason she did not seek treatment.”)

Special Needs News:

• Special Needs Planning and Divorce
• A Disability Program Promised to Lift People From Poverty. Instead, It Left Many Homeless
• Forum: An inclusive village would ease worries of parents of special needs adults
• New case: O’Mara v. Cmty. Mental Health of Washtenaw City (E.D. Mich., Case No.: 21-12278, 8/8/2022) (Magistrate recommends granting State’s motion to dismiss civil rights claim filed by co-guardians of adult with severe developmental disabilities after community living support benefits were denied)
• Health hacks for young adults with autism

Government Sources:

• Benefits for Workers
• Updated SEC Bulletins:
  • Updated Investor Bulletin: How Fees and Expenses Affect Your Investment Portfolio
  • Investor Bulletin:  Mutual Fund Fees and Expenses
  • Investor Bulletin:  Brokers’ Miscellaneous Fees
  • Investor Bulletin: How to Select an Investment Professional
• CMS: Updates on the Hospice Quality Reporting Program
• CMS: Long-Term Care Hospital (LTCH) Quality Reporting Program (QRP) Public Reporting
• CMS: Revision to National Coverage Determination (NCD) 240.2 (Home Use of Oxygen) to Align to 1834(a)(5)(E) of the Social Security Act
• AHRQ: Request for Information on Person-Centered Care Planning for Multiple Chronic Conditions
• ACL Awards $9.2 Million to Advance Dementia Capability in Communities Across the Nation

Retirement and Financial News:

• Financial planning impacts of the Inflation Reduction Act
• The Customer Journey and Its Impact on Your Revenue
• White House Releases First-Ever Comprehensive Framework for Responsible Development of Digital Assets
• What Is Financial Psychology?
• Financial Planning Musts for Unmarried Couples

Estate Planning

• United States: Taxes And Your Estate Plan
• ‘The more money a family has, the more complicated estate planning will be’
• Business succession checklist: 20 Steps to a seamless transition
• What Is a Trustee? (updated 9/18/2022)

Legal News:

• New case: Thompson v. Rogas (E.D. N.Y. Case No. 21-CV-3748 9/20/2022) (Plaintiff’s motion to remand in diversity case denied where Plaintiff failed to include an ad damnum clause specifying the amount of damages sought even though Defendant knew held a Medicaid lien in the preliminary amount of $251,544.35 and a public assistance lien in the amount of $1,630.01; the 30-day clock in Section 1446(b)(1) was not triggered by the complaint’s inclusion of the jurisdictional clause required by C.P.L.R. § 3017(c) or Defendants’ subjective knowledge of the DSS Lien Letter)
• New case: Harvard v. John D. Archibold Memorial Hospital (Ga. Ct. App. 8/25/2022) (Affirmed grant of summary judgment for Defendant where Plaintiff’s expert provided testimony too vague to establish that delay in treatment caused hemorrhage)
• New case: Patel v. Patel (Ga. Ct. App. 8/26/2022) (Summary judgment reversed in part because issue of fact existed regarding whether there was valid consideration, as opposed to love and affection, to support inter-family agreement regarding transfer of home; Court afirmed portion of decision finding statute of frauds did not apply because plaintiff performed her part of the bargain)
• IRS may enforce lien to pay off deceased life partner’s tax debts (applying Michigan Uniform Voidable Transfers Act; Resulting Trust) (Decision)

New and Updated Pages:

• CMS Virtual Workshops: List Published 9-21-2022
• Update on Talevski v. Health and Hospital Corporation of Marion County

Interesting, But Not Elder Law:

• Walking, Sitting: What Works Best to Help Baby Stop Crying?
• This Windows Bug Is So Bad Even Windows 7 Is Getting a Patch
• Declutter That Crib: ‘Bare Is Best’ for Baby’s Safe Sleep
• You’re Selecting Text With Your Mouse Wrong

Not New, But Worth Remembering:

• State Bar of Georgia: Find a Lawyer Directory
• EzElderLaw Financial Toolbox
• 2022 SSI and Spousal Impoverishment Standards
• Blogs and websites we follow

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