Elder Law and Special Needs Law News Roundup – 5-13-2022

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.

May is Older Americans Month and Elder Law Month; National Adolescent Health Month; It is also Mental Health Awareness Month; National Osteoporosis Month and Military Appreciation Month.

General News Sources:

• 2022 Report: Longevity and the New Journey of Retirement (Edward Jones)
• Bipartisan Georgia Caregivers Act Becomes Law
• Skilled nursing occupancy highest since April 2020
• Millions retired early during the pandemic. Many are now returning to work, new data shows
• How will boomers draw down their 401(k) balances?
• Fooled by Fake News: Does Age Matter?
• Georgia AG Carr Recognizes Older Americans Month
• Terminally ill people in 10 states can choose assisted death, but not in NY. Advocates want a change
• Covid-Related Nursing Home Lawsuits to ‘Skyrocket’ With Protections on Shaky Ground
• How I Found Myself Surrounded By Specialists
• List Of Cases Where A Disability Lawyer Can Prove A Crucial Asset
• 3 Use Cases for Health Data Interoperability in Patient-Centered Care
• V.R. Reminiscence therapy lets you re-live the past
• Amazon adds “disability fiction” category to its online bookstore
• The Cure for the Great Resignation: Hire Older Workers
• Changing Hands, Not Washing Them: CMS’ First Report on Nursing Home M&A Data
• How Far Do You Go When the Alternative Is Death?

Caregiving News:

• When caregiving falls to families and friends
• Unpaid Virginia Caregivers Provide $10 Billion in Economic Contribution
• The associations between caregivers’ psychosocial characteristics and caregivers’ depressive symptoms in stroke settings: a cohort study
• Caregiving Benefits Continue to Evolve
• The Caregiver’s Guide to Caring for Someone With Depression
• The art of being a caregiver
• How To Support Patients Who May Be Caregivers Too
• Poor and Lost Connections: Essential Family Caregivers’ Experiences Using Technology with Family Living in Long-Term Care Homes during COVID-19
• Caregiver burnout: Signs, prevention, and treatment
• Adult Day Centers Help Retirees with Alzheimer’s

Consumer Protection, Scams:

• Mistreatment of Adults with Disabilities
• SLED charges Chesterfield County man for using power of attorney to steal money
• Former Salt Lake City attorney sentenced for embezzling millions from vulnerable Utah clients
• Ombudsman office offers guidance on detecting elderly abuse
• Georgia AG Carr urges protection of seniors in observance of Older Americans Month
• Identifying Interventions and Their Efficacy as Used by a Community Agency Managing and Responding to Elder Abuse

Health and Healthcare Related News:

• Defining the Role and Value of Physicians Who Primarily Practice in Nursing Homes: Perspectives of Nursing Home Physicians
• Health Inequities in Nursing Home Palliative and End-of-Life Care: A Systematic Review
• Purchasing High-Quality Community Nursing Home Care: A Will to Work With VHA Diminished by Contracting Burdens
• The Association Between Nursing Home Information Technology Maturity and Urinary Tract Infection Among Long-Term Residents
• Scientists say they have nailed down the ideal amount of sleep in middle and old age | Related Article
• Retinal cell map could advance precise therapies for blinding diseases
• CVS Health Using Home Health, Hospice Providers to Deliver Care Further Upstream
• New SNF data show COVID-19 booster improves omicron protection
• Unique binding of Delta variant may explain high transmissibility
• Effectiveness of a resilience-targeted intervention based on “I have, I am, I can” strategy on nursing home older adults’ suicidal ideation: A  randomized controlled trial
• Alpha variant coronavirus outbreak in a nursing home despite high vaccination coverage: molecular, epidemiological and immunological studies
• Association between staff turnover and nursing home quality – evidence from payroll-based journal data
• Predictors of nursing home placement at 2 years in Alzheimer’s disease: a follow-up survey from the THERAD Study
• Hospital transfer rates and advance care planning following a nursing home-targeted video-conference education series (Project ECHO): a prospective cohort study
• What Is the Functional Assessment for Long-Term Care Benefits?

Social Security, Medicare, Medicaid and VA Benefits:

• A reduction in Medicare Part B premiums remains in play. Here’s where things stand
• It’s time for U.S. Congress to debate Social Security reform in the light of day
• The pros and cons of delaying Social Security
• Doubly Enhanced Medicaid Partnership Annuities (DEMPANs): A New Tool for Providing Long Term Care to Retired U.S. Seniors in the Medicaid Penumbra
• Call to Action – Policy Makers Must Increase Medicare Advantage Oversight and Rein in Overpayments
• Washington State, Change of Law Notice (The purpose of this bulletin is to alert psychiatric hospitals licensed under RCW 71.12 to new requirements to notify Medicaid managed care organizations (MCOs) in advance of patient discharges, and to engage with MCOs in discharge planning for relevant patients. These new requirements, passed under SHB 1860 are effective June 9, 2022)
• Functions introduced for Georgia Household Structured Care Program by Homenurse, Enterprise Information
  • Structured Family Caregiving (How to get paid to take care of a family member with a disability)
• Veterans Benefits You May Not Be Aware of
• Miskey v. Kijakazi (9th Cir. 2022) (reversing decision below allowing recoupment of SS overpayment)
• Oral Argument in VA case before U.S. Supreme Court (When the Department of Veterans Affairs denies a veteran’s claim for benefits in reliance on an agency interpretation later deemed invalid under the plain text of the statutory provisions in effect at the time of the denial, is that the kind of “clear and unmistakable error” that the veteran may invoke to challenge the VA’s decision?)
• Drug plan prices touted during Medicare open enrollment can rise within a month | Related Article

Special Needs News:

• EP Magazine’s Annual Mobility Issue (May 2022)
• HHS List of Mental Health Resources to Support Adolescent Mental Health Awareness Month:
  • Mental health in adolescents | HHS Office of Population Affairs
  • Mental health resources | HHS Office of Population Affairs
  • Mental health | Centers for Disease Control and Prevention
  • StopBullying.gov | U.S. Department of Health & Human Services
  • LGBTQI+ Health & Well-being | U.S. Department of Health & Human Services
  • National Children’s Mental Health Awareness Day | Substance Abuse and Mental Health Services Administration
  • The Lifeline and 988 | Suicide Prevention Lifeline
  • What works fact sheet: Mental Health |The Community Guide
• Strategies for effective parenting with mental illness
• All You Need To Know To Help A Child With Autism Live A Happy Life
• WRNMMC’s prosthetics unit gives relief to military kid with special needs
• 4 ways to improve learning recovery for students with special needs
• Parents advocate for better reading instruction, more teacher training in CSD
• Clinical Questions In Schizophrenia (Part 2) | And Part 1

Events, Webcasts & Podcasts:

• 2022 National Voices of Medicare Summit & Senator Jay Rockefeller Lecture, Wednesday, May 18, 2022 (Kaiser Family Foundation)
• 5th Annual Older Adult Mental Health Awareness Day, May 16, 2022
• CMA: National Voices of Medicare Summit, May 18, 2022, 12:30-4:30pm ET
• Systems of Care in Georgia: Early [Autism] Identification to Adulthood, Virtual Event, May 18-May 19, 2022
• Stetson Webinar, Fundamentals of Special Needs Trusts Administration, May 20, 2022, 12:30 to 5pm ET
• NADRC Webinar: Wisconsin’s Dementia Care Specialist Program: A Statewide Effort to Support People Living with Dementia, Their Family Caregivers, and Their Communities, Wednesday, May 25, 2022 1:00-2:00 PM ET
• 2022 Annual Meeting of the State Bar of Georgia to be held June 2-5 at the Omni Amelia Island Resort in Amelia Island, Florida
• Academy Health Annual Research Meeting, June 4-7, 2022
• TBA Elder law Forum, July 15, 2022
• AICPA Fireside Chat, Elder Care Fraud Trends and Cases, June 15, 2022, apm ET
• American Hospital Association Leadership Summit, July 17-19, 2022
• NELF 2022 Forum, September 9-10 in Kansas City, MO
• 53rd Annual Estate Planning Institute, PLI, September 12, 2022
• Elder Abuse Conference (Oregon AG), October 20-21, 2021
• National Conference on Guardianship, Dallas, TX, October 22-25, 2022
• CareFreeMe – Virutal Study for memory loss patients considering retiring from driving

Government Sources:

• VA: PTSD Self-Screen
• Unwinding and Returning to Regular Medicaid Operations after COVID-19
• A task analysis of central line-associated bloodstream infection (CLABSI) surveillance in home infusion therapy
• The potential for leveraging machine learning to filter medication alerts
• Pandemic Learning: As Students Struggled to Learn, Teachers Reported Few Strategies as Particularly Helpful to Mitigate Learning Loss
• The National Institute of Nursing Research 2022–2026 Strategic Plan

Retirement and Financial News:

• As stocks tumble, this tax play offers a silver lining
• IRS Needs to Clarify Annual RMD Requirement under the New Regulations (Ed Slott)
• How Your IRA Can Help if You Are a First-Time Home Buyer (Ed Slott)
• How an HSA can be viewed as a flexible tax-favored investment
• Tax Court to Rule on J.Crew Founder’s Split-Dollar Insurance Plan
• Inflation remained near a 40-year high in April. Here’s where consumers plan to cut spending
• How A Personal Financial Plan Can Set You Up For Success

Estate Planning:

• Preserving voices good for health
• Avoid confusion about health documents in estate planning
• Using Gifts to Avoid the US Estate Tax
• Pennsylvania Superior Court: No Creditor Protection for Inherited IRAs
• Inflation and estate and long-term care planning
• Digital Assets In Decedents’ Estates: Overview And Analysis
• Book Sale through 5/31/2022: How to Apply for Department of Veterans Affairs Benefits for Veterans and Their Survivors
• Guide to a Single Person’s Estate Plan
• Avoid confusion about health documents in estate planning
• Advance Care Planning for Guns: Owners Can Help Ensure Safe Use and Transfer of Weapons
• KHN’s ‘What the Health?’: News You Might Have Missed

Legal News:

• Understanding Nursing Home Complaints in Ohio
• I Spy with My Little GPS Tracking Device: Why Georgia Should Look to the United Kingdom’s Domestic Violence Laws to Deter Innovative Abuses of Technology
• New Case: Kent v. Ohio House of Representatives Democratic Caucus (6th Cir. 5/9/2022) (absolute immunity upheld for legislative acts)
• The Importance of Succession Planning (included in TN Board of Professional Responsibility Spring 2022 Board Notes)
• Elder Law Attorney Elected to Pennsylvania Bar Association Board of Governors
• How to respond to a request for reasonable accommodation
• Bringing Website Accessibility Claims: Federal Court Decision Establishes Heightened Burden for Plaintiffs
• NAELA News, April/May/June 2022
• Amici Curiae Brief in Support of Henrietta Lacks Estate (unjust enrichment)
• Neuroscientific Evidence in Context
• Georgia: New Formal Advisory Opinion on contacting former employees of represented organization
• Free Speech: Shurtleff v. City of Boston (U.S. 5/2/2022) (City of Boston could not exclude raising of Christian flag on pole where it allowed other groups to raise flags without exception. When the government does not speak for itself, it may not exclude private speech  based on “religious viewpoint”; doing so “constitutes impermissible viewpoint discrimination.”)
• Ninth Circuit Rules That a Temporary Impairment Can Qualify as a “Disability” Under the ADA

Not New, But Worth Remembering:

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

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