Blog: News & Insights

Medicare Part B generally covers medically necessary outpatient testing for beneficiaries. CMS has recently advised that if testing is ordered by the patient’s physician and the test is performed on or after February 4, 2020, it will be a covered service under Medicare Part B. Read more here. The Centers for Medicare and Medicaid Services is issuing fact sheets and alerts that address...

Everything is happening so fast it’s making our heads spin. The frail, dependent aged and disabled people in our communities are having a tough time of it. Starting today, Social Security Offices are only accepting telephone contacts and online contacts. COVID – 19 SSA press release     Health care providers are overwhelmed. County welfare offices are urging people to do their...

Under some circumstances, courts have refused to uphold arbitration provisions in nursing home contracts. Oftentimes, these provisions are upheld. There are a variety of considerations, including the legal authority of the person who signed the contract; the adequacy of notice; the opportunity to read and consider the contract before signing; and other factors. In Estate of Ruszala vs...

On January 1, 2020, new federal rules went into effect relating to hardship distributions from 401(k)s and other ERISA plans. The new rule —  26 CFR 1.401(k)-1(d)(3)(ii)(B) —  broadens and changes the circumstances under which a 401(k) plan must be made available to employees.       Previously, a company with a 401K plan had the discretion to limit the ability of an active employee...

There are times that a personal injury action has been filed, but the plaintiff has cognitive impairments that impede his or her ability to fully participate in the litigation or understand the nature and impact of settlement discussions. In some instances, the cognitive impairment predated the filing of the lawsuit (or was allegedly caused by the negligent actions of the defendants). In other...

There’s a nationwide effort to encourage towns and cities to develop initiatives and programs that will make their communities more “age-friendly,” to encourage people to remain a part of the local community as they get on in years. Community initiatives have included outdoor upgrades such as better lighting, more benches, and better crosswalks, as well as expanded senior...

A client of mine recently told me about a situation in which their dear family member was the victim of a scam. Luckily, my client was able to notify Equifax to freeze the victim’s credit, and was able to notify the victim’s banks to place a scam alert on the accounts. The concerned family member had previously been designated as Agent under Power of Attorney, which enabled her to...

Several months ago I reported on  problems that were cropping up for people with irrevocable funeral trusts who apply for NJ Medicaid/MLTSS to pay for their nursing care, home care or assisted living. The issue is that once the funds are paid and the contract is signed, the contract is irrevocable and the funds cannot be returned to the purchaser at that time. Based on this irrevocability, the...

Lauren Marinaro has been selected for a two year term as National Board Member for the National Academy of Elder Law Attorneys (NAELA) for 2020-2022.  NAELA  is a national membership organization for attorneys that keeps its members informed and up-to-date on fast-breaking changes in the law — legislation, agency rules and court decisions — that would affect seniors and people with...

The Arkansas Supreme Court has just sustained a decision by the state Department of Human Services denying Medicaid eligibility due to excess resources. In this case, the Medicaid applicant had transferred her house and other assets into an irrevocable trust that gave the trustee discretion to expend trust funds for her own benefit. She applied for Medicaid more than 5 years after making the...