Breakfast With Vincent
Another Budget Bill Behind Us
A very strong effort was made this year by the New York State Bar Association (NYSBA) Elder Law Section to combat proposed cuts that would adversely affect our seniors and those with disabilities. The following are two provisions that were in the original proposed Budget Bill.
Part D Recipients Must Repay Mistaken Refunds - Second Court Ruling
A federal appeals court has again ruled that 230,000 Medicare Part D beneficiaries who were erroneously mailed a premium refund do not have the right to apply for a waiver excusing them from repaying the money. Action Alliance of Senior Citizens v. Sebelius (D.C. Cir., No. 09-5191, June 18, 2010).
Surrogate Decision Making Comes To New York
The Family Health Care Decisions Act became New York Law on March 16, 2010. The new law covers New York residents (other than the developmentally disabled and the mentally retarded who are covered under a different statute) who lack the capacity to make health care and end of life decisions for themselves, even if such individuals previously had capacity but never expressed their wishes in a health care proxy or living will. This new law was 17 years in the making.
Inside The Medicaid Look Back Period
When faced with the possibility of penalizing an ill father for paying for the joyous wedding of his daughter, HRA approved the Medicaid application. Recently a wife sought our advice in obtaining Medicaid nursing home care for her ailing husband.
Ten Million Baby Boomers Will Have Alzheimer's
A new report just released by the Alzheimer's Association suggests that ten million baby boomers will have Alzheimer's - that is one in every eight.
Is the State Cheating Seniors and People with Disabilities?
We are noticing a disturbing trend with some of the local county Department of Services (DSS) offices when it comes to the NYSARC, Inc. Community Trust II (Pooled Income Trust) and Net Available Monthly Income ("NAMI") payments.
