Fed. Cir. and CAVC on Auer Deference . . . What’s the Hubbub, Bub?
“The work of a judge is in one sense enduring and in another ephemeral. . . . In the endless process of testing and retesting, there is a constant rejection of the dross and a constant retention of whatever is pure and sound and fine.” B. Cardozo, The Nature of the Judicial Process, 178-79 (1921).
At least two judges handling issues under Title 38 have considered Justice Cardozo’s...
Union County Residents Can Receive Free Preventative Dental Services
As the following link explains (Rutgers Preventative Dental for Union County Over 55 yrs), the Scotch Plains campus of Rutgers School of Health Related Professionals is offering free preventative dental services and seminars to Union County residents who are over the age of 55. A terrific program . . . and Go Rutgers!
There will be an required orientation on Wednesday, August 27, 2014,...
President Obama Signs New VA Health Care Bill Into Law
I’ll provide more specific information at a later point, however, President Obama signed into law the Senate bill revising and amending inter alia aspects of veteran access to health coverage through the Veterans Health Care Administration (VHA). More information can be found at Fox News Article and the major changes are as followings:
—Devotes $5 billion to hire more doctors, nurses...
Korean Vietnam Study on Long-Term Effects of Agent Orange Exposure
On or about August 4, 2014, a long-term study was released on the association between Agent Orange exposure and diseases of the endocrine, nervous, circulatory, respiratory, and digestive systems. This study was related to exposure for Republic of Korea (ROK) military personnel who served in Korea during the Vietnam War. In essence, the study assessed the prevalence of certain diseases for...
Schedule a Family Meeting before Leaving Rehab
If you have assisted a family member through a course of subacute rehabilitation (up to 100 days under Medicare Part A following a hospitalization), you are no doubt familiar with the process of the “family meeting.” This is a meeting at the facility attended by the members of the patient’s treatment team — the head of nursing, dietary, recreation, physical therapy,...
NJ proposes to eliminate its Medically Needy Medicaid Program
Friday’s post talked about the new state program being developed for delivery of home and community-based Medicaid services (MLTSS), which will require individuals whose income exceeds the income cap to set up a Miller Trust to receive and handle the excess income. The State has actually published a Notice of Proposal, announcing its intent to ask the federal government to allow it to do...
Miller Trusts May Soon be Needed for Certain Medicaid Recipients
The State of New Jersey provides part time home health care services to eligible individuals through the Medicaid Managed Long-Term Services and Supports (MLTSS) home and community program (formerly called Global Options). Applicants are individuals who require an institutional level of care because they require assistance in three or more of their Activities of Daily Living (ADL’s),...
Medicare Rehab: What does the Jimmo Settlement Mean for You?
On January 24, 2013, a settlement was reached in a class-action suit called Jimmo v. Sebelius, which was pending in the U.S. District Court for the District of Vermont. As noted in yesterday’s blog, Medicare Part A will pay for up to 100 days of skilled care services in a skilled nursing facility (SNF) following a hospitalization of three days or more, if medically necessary and all...
Subacute Rehabilitation Care – You Can Change Facilities
I have frequently encountered the question, “can I switch to a different facility to continue my rehab?” I don’t know where the notion came from, but it appears that people believe that once they begin their post-hospitalization rehab under Medicare Part A, they have to stay there for the duration of therapy.
Medicare Part A pays for services rendered in a skilled nursing...
Reverse Mortgages Can be Great, but be Sure your Spouse is Protected
Reverse Mortgages are a very useful tool for people who are running low on liquid assets but wish to remain in their homes. These non-recourse loans are designed to give seniors over age 62 access to the equity in their homes, and unlike the traditional mortgage or Home Equity Line of Credit, monthly payments are not required. However, when the homeowner/borrower vacates the premises (such as,...