Wednesday, September 9, 2015

Professor Matthew Andres' Civil Remedy for Financial Exploitation Enacted by Illinois Legislature

University of Illinois Matthew AndresWe recently learned of the important role played by Matthew Andres, Director of the Elder Financial Justice Clinic at the University of Illinois School of Law, in convincing the Illinois legislature of the need for a clear civil remedy for seniors and disabled persons who are victims of financial exploitation.  

Earlier this year, the Illinois legislature approved Public Act 99-0272, amending existing law that defined the crime of financial exploitation, to provide a specific civil remedy, one that would no longer be tied to (or require) a criminal prosecution. Effective on January 2, 2016, the new Illinois law provides:

Civil Liability. A civil cause of action exists for financial exploitation of an elderly person or a person with a disability as described in subsection (a) of this Section. A person against whom a civil judgment has been entered for financial exploitation of an elderly person or person with a disability shall be liable to  the victim or to the estate of the victim in damages of treble the amount of the value of the property obtained, plus reasonable attorney fees and court costs.

In a civil action under this subsection, the burden of proof that the defendant committed financial exploitation of an elderly person or a person with a disability as described in subsection (a) of this Section shall be by a preponderance of the evidence. This subsection shall be operative whether or not the defendant has been charged or convicted of the criminal offense as described in subsection (a) of this Section. This subsection (g) shall not limit or affect the right of any person to bring any cause of action or seek any remedy available under the common law, or other applicable law, arising out of the financial exploitation of an elderly person or a person with a disability. 

Professor Andres was the author of a white paper on the need for the changes to prior law, and the resulting bill was supported by AARP.  For more, see the news from the University of Illinois website hereGreat work, Matt!

September 9, 2015 in Consumer Information, Crimes, Elder Abuse/Guardianship/Conservatorship, Ethical Issues, State Statutes/Regulations | Permalink | Comments (1)

Tuesday, September 8, 2015

New Report on Housing in Retirement

Merrill Lynch, in conjunction with AgeWave released a new report on housing in retirement. Home in Retirement: More Freedom, New Choices covers six hot topics in housing for retirement, including relocation, popular locations for retirement, renovation, health issues and housing and "choices and challenges" in housing and retirement. The report opens with this paragraph

Today’s retirees have more freedom and options when choosing where and how they want to live in retirement. With the possibilities presented by unprecedented longevity, and often fewer work and family obligations than before retirement, according to the study two-thirds (65%) of retirees say they are living in the best home of their lives. However, retirees today also face challenges, and must consider how their needs may change throughout a 20-, 30-, or even 40-year retirement.

The 22 page report is available for download as a pdf here.

September 8, 2015 in Current Affairs, Housing, Retirement | Permalink | Comments (0)

Deadline 9/14/2015: Comments Due to CMS re "Binding Arbitration" in Nursing Home Admission Agreements

Erica Wood, a director for the ABA Commission on Law and Aging,  writing for the August 2015 issue of the ABA's Bifocal Journal, reminds us that the Centers for Medicare and Medicaid Services (CMS) is seeking comments on proposed changes to rules affecting Long-Term Care Facilities that participate in Medicare and Medicaid programs, including the issue of whether CMS should prohibit "binding" pre-dispute arbitration provisions in nursing home contracts.  The deadline for public comments is 5 p.m., on Monday, September 14, 2015.  Electronic comments, using the file code CMS-2360-P, can be submitted through this portal:

How do you feel about pre-dispute "agreements" binding consumers, including consumers of long-term care, to arbitration? Your comments to CMS can make a difference! 

I remember my first encounter with "binding" pre-dispute arbitration provisions in care facilities. In the early years of my law school's Elder Protection Clinic, a resident of a nursing home had purportedly "given away" possessions to an aide at nursing home, who promptly sold them on EBay.  The resident was lonely and the "friendship" included the aide taking her out the front door of the facility, via a wheel chair, on little outings, including trips where the resident could visit her beloved house, still full of a life-time of antiques and jewelry.  (The resident might have recovered enough to go home -- although eventually a second stroke intervened.)

Continue reading

September 8, 2015 in Cognitive Impairment, Consumer Information, Current Affairs, Estates and Trusts, Ethical Issues, Federal Statutes/Regulations, Health Care/Long Term Care, Medicaid, Medicare, Property Management | Permalink | Comments (0)

Monday, September 7, 2015

"Safe Travels" (but, should you pass away, can I have your Frequent Flyer Miles?)

I hope everyone is lucky enough  to have a colleague such as Professor Laurel Terry here at Dickinson Law.  In addition to being the guru on regulation of lawyers, particularly for lawyers working across international borders, she's a good friend, organized, AND a guru of travel.  Whenever I have a travel question, I know she probably has sorted out the options and will have  great advice. 

So, I wasn't surprised on this holiday Labor Day weekend that she had considered "generational" travel issues, including whether you can devise or inherit "frequent flyer miles." 

Turns out you can ... depending.  Professor Terry pointed to this Smarter Travel blog, addressing which airlines have clear policies on inheritance.  You will want to look for your own favorite (least unfavored?) airline, but to summarize:  "In sum, American, Continental, and US Airways say "yes," Air Canada says "maybe," Jet Blue and United say "no way," and the others ignore the issue."

September 7, 2015 in Consumer Information, Current Affairs, Estates and Trusts, International, Property Management, Travel | Permalink | Comments (2)

Friday, September 4, 2015

ElderTech Comes to Boomer Homes?

We have had several prior blog posts about "eldertech", that is devices, etc. designed specifically for elders (whatever age that is).  The eldertech "boom" if you will has been spreading for a while to applications in homes to allow individuals to remain in their homes longer. Who wouldn't want a smart home!

If you missed this article in the Huffington Post, Huff/Post50 Blog take a few minutes and read it: Baby Boomers Are The First Tech-Savvy Retirees -- And Have The Home Renovations To Prove It. The article notes

Some 80 percent are interested in innovative ways of reducing their home expenses, such as using smart thermostats or apps to control appliances. Another 58 percent are interested in technologies to help maintain their home, such as cleaning robots or heated driveways, says David Baxter, a senior vice president with Age Wave, a research and consulting company that teamed with Merrill Lynch to gauge what retirees are doing with their living arrangements.


In fact, Baxter says 47 percent of home renovations -- about $90 billion a year -- comes from households 55 and above. Retirees are renovating their homes to make them safer as they age, but they're also trying to make their homes more attractive and versatile with the hope they can stay in them rather than move in with family or to an institutionalized setting when they are elderly.

What are the top 5 renovations? According to the article:

  • adding a home office
  • addressing the home's curb appeal
  • kitchen upgrades
  • the addition of safety features
  • renovation in multi-story homes to allow the owner to live on the first floor.


September 4, 2015 in Consumer Information, Current Affairs, Housing, Web/Tech | Permalink | Comments (1)

Thursday, September 3, 2015

Journal of Elder Abuse & Neglect-Editor's Choice

The Journal of Elder Abuse & Neglect (JEAN) is a great resource. It is the official journal of the National Committee for the Prevention of Elder Abuse (NCPEA). The Journal is published 5 times/year by Routledge. If you aren't familiar with JEAN, the website explains its purpose. It is:

the peer-reviewed journal that explores advances in research, policy and practice, and clinical and ethical issues surrounding the abuse, neglect and exploitation of older people. This unique forum provides state-of-the-art research and practice that is both international and multidisciplinary in scope. The journal’s broad, comprehensive approach is only one of its strengths — it presents research case studies, practice and policy issues, exploratory studies, commentary, and reviews on a wide range of topics designed to increase the knowledge base of scholars and professionals.

Recently JEAN's "editors' choice" article collection was posted online with free access! According to the website, "[t]hese articles were selected by the Journal of Elder Abuse & Neglect Editorial staff – Editor-in-Chief Karen Stein, PhD. and Associate Editor Sharon Merriman-Nai, MC – as key research to the field. Routledge Journals is pleased to offer FREE ACCESS to these articles until December 31, 2015."  Subscription information is available here.


September 3, 2015 in Current Affairs, Elder Abuse/Guardianship/Conservatorship | Permalink | Comments (0)

Third Circuit Rules Medicaid Applicants' Short-Term Annuities Are Not "Resources" Preventing Eligibility

In a long awaited decision on two consolidated cases analyzing coverage for nursing home care, the Third Circuit ruled that "short-term annuities" purchased by the applicants cannot be treated by the state as "available resources" that would delay or prevent Medicaid eligibility.  The 2 to 1 decision by the court in Zahner v. Secretary Pennsylvania Department of Human Services was published September 2, 2015, reversing the decision (linked here) of the Western District of Pennsylvania in January 2014.

The opinion arises out of (1) an almost $85k annuity payable in equal monthly installments of $6,100 for 14 months, that would be used to pay Donna Claypoole's nursing home care "during the period of Medicaid ineligibility that resulted from her large gifts to family members"; and (2) a $53k annuity purchased by Connie Sanner, that would pay $4,499 per month for 12 months, again to cover an ineligibility period created by a large gift to her children. 

The Pennsylvania Department of Human Services (DHS) argued that the transactions were "shams" intended "only to shield resources from the calculation of Medicaid eligibility."  However, the majority of the Third Circuit analyzed the transactions under federal law's "four-part test for determining whether an annuity is included within the safe harbor and thus not counted as a resource," concluding:

Clearly, if Congress intended to limit the safe harbor to annuities lasing two or more years, it would have been the height of simplicity to say so.  We will not judicially amend Transmittal 64 by adding that requirement to the requirements Congress established for safe harbor treatment.  Therefore, Claypoole's and Sanner's 14-and 12-month contracts with ELCO are for a term of years as is required by Transmittal 64.

Further, on the issue of "actuarial soundness," the court ruled:

 [W]e conclude that any attempt to fashion a rule that would create some minimum ratio between duration of annuity and life expectancy would constitute an improper judicial amendment of the applicable statutes and regulations.  It would be an additional requirement to those that Congress has already prescribed and result in very practical difficulties that can best be addressed by policy choices made by elected representatives and their appointees.

The her short dissent, Judge Marjorie Rendell explained she would have affirmed the lower court's ruling in favor of DHS on the "grounds that the annuities ... were not purchased for an investment purpose, but, rather, were purchased in order to qualify for benefits."  In addition, she accepted DHS' argument the annuities were not actuarially sound.

Continue reading

September 3, 2015 in Current Affairs, Estates and Trusts, Ethical Issues, Federal Cases, Federal Statutes/Regulations, Health Care/Long Term Care, Medicaid, State Statutes/Regulations | Permalink | Comments (0)

Wednesday, September 2, 2015

Seniors Who Cannot Make Ends Meet -- UCLA Documents "The Hidden Poor"

UCLA's Center for Health Policy Research has issued its August 2015 report on "The Hidden Poor," using county-by-county data to demonstrate that "federal" definitions of poverty are not a sufficient measure of true poverty for seniors.  What are the "hidden poor?"  The UCLA report explains:  "The Hidden Poor are defined as those who have incomes above 100 percent of the Federal Poverty Level (FPL), but who do not have enough income to make ends meet as calculated by the Elder Index."

A recent article in the Sacramento Bee highlights key components of the analysis: 

More than 300,000 elderly Californians are officially poor, as measured by the federal government, but their numbers triple to more than 1 million when the “hidden poor” are counted, according to a new study from UCLA’s Center for Health Policy Research.


National poverty guidelines say that for a single elderly adult living alone, the poverty line is $10,890 a year, but UCLA’s “elder index” puts it at $23,364 in California.


Those “hidden poor” Californians over 65 tend to be Latino or black. Their greatest concentrations are found in rural counties with overall low income levels, topped by Imperial County, where more than 40 percent of the elderly are the hidden poor....


The study said population groups with especially large proportions of the hidden poor include grandparents raising grandchildren, elderly with adult children living at home, and single elders.

Accurate measurements of poverty are core to planning of resources for any age group, including seniors.  How does your state account for needy seniors? 

Read more here:

September 2, 2015 in Consumer Information, Current Affairs, Discrimination, Elder Abuse/Guardianship/Conservatorship, Ethical Issues, Housing, Medicaid, Statistics | Permalink | Comments (0)

Register Now: Webinar on Balancing Protection and Self-Determination

The National Consumer Law Center (NCLC),  the ABA  and the Quality Trust for Individuals with Disabilities announce an upcoming webinar on September 22, 2015 from 2-3:30 edt.  According to the website,

Research shows that empowering individuals to actively participate in personal decision making improves life outcomes and can reduce the risk of abuse and exploitation.  There is a risk of abuse and exploitation in all models of decision making for persons with differing abilities. An overly protective response to situations where a person with varying levels of capacity may be at risk can stifle self-determination and empowerment. Protection needs to be carefully balanced with protecting human and constitutional rights. Adults have a basic right to make choices, good or bad, and determine the course of their lives. An overly aggressive, or inappropriate protective response to limited capacity can itself be a form of abuse. This session will talk about recognizing the signs and signals of abuse, neglect (self-neglect) and exploitation, tools to maximize communication with persons with differing abilities, and promoting self-determination and choice through supported approaches that mitigate against risk and empower individuals. The session will explore the application of the Supported Decision Making model to assist persons in making choices, increase access to positive life outcomes, and reduce the risk of harm.

The webinar is free. To register click here.

September 2, 2015 in Cognitive Impairment, Current Affairs, Discrimination, Elder Abuse/Guardianship/Conservatorship, Health Care/Long Term Care, Programs/CLEs, Webinars | Permalink | Comments (0)

Tuesday, September 1, 2015

University Battle Over Alzheimer's Research Dollars Not Resolved by Court Decision

While visiting in California this summer, I began following the dispute between University of California San Diego (UCSD), a public university, and University of Southern California (USC), a private university, over control of Alzheimer's research, originally known as the Alzheimer's Disease Cooperative Study.  At first the outcome seemed predicted by judicial rulings favoring UCSD in a suit filed in San Diego courts. The most recent news coverage, however, suggests that what began with USC hiring away UCSD's top researcher, has continued with USC successfully luring away major funding. As reported in a San Diego Union-Tribune article:

While the La Jolla-based campus has so far won in court — with a Superior Court judge giving it continued control of the Alzheimer’s initiative — it is losing most of the contracts, money and trust of that program’s participants across the country.


USC said it has obtained eight of the project’s 10 main contracts after convincing sponsors that it is better suited to manage their clinical trials of experimental drugs and therapies for the neurological disorder. Those sponsors are defecting from the Alzheimer’s Disease Cooperative Study, or ADCS, and shifting to an institute that USC recently opened in San Diego....


UC San Diego confirmed the major setback, but said USC may be overstating matters by claiming that the contract transfers are worth up to $93.5 million. UC San Diego is still totaling its financial losses. Officials at the La Jolla school concede that they failed to tightly manage the Alzheimer’s program and allowed it to drift away from campus life. UC San Diego Chancellor Pradeep Khosla did not respond to requests for comment on the largest loss of research funding in the university’s history.


But campus officials said they are confident about rebuilding the Alzheimer’s program.

Pharmaceutical giant Eli Lilly was reported to be moving "millions" of dollars of research to USC control earlier this summer.

The USC Provost, while sounding very "corporate" in talking about USC's plans, is quoted as offering some consolation, with the possibility of working with UCSD in getting "back to being partners for better research."  

September 1, 2015 in Cognitive Impairment, Current Affairs, Dementia/Alzheimer’s, Grant Deadlines/Awards, Health Care/Long Term Care | Permalink | Comments (0)

Guides from Disability.Gov

Monday, August 31, 2015

Social Security Fast Facts

The Pew Research Center on August 18, 2015 released the FactTank  5 facts about Social Security (the FactTank is "[r]eal-time analysis and news about data from Pew Research writers and social scientists."). So what are those 5 facts? Here you go!

  1. Social Security touches more people than just about any other federal program.
  2. Social Security is, and always has been, an inter-generational transfer of wealth.
  3. Right now, Social Security has plenty of assets.
  4. But since 2010, Social Security’s cash expenses have exceeded its cash receipts. 
  5. Social Security’s combined reserves likely will be fully depleted by 2034....

August 31, 2015 in Cognitive Impairment, Current Affairs, Federal Statutes/Regulations, Retirement, Social Security | Permalink | Comments (0)

Oliver Sacks on "The Joy of Old Age..."

Oliver Sacks, neurologist and author (and much more more), often wrote about issues relevant to aging, including his own.  Sadly he won't be able to continue to share his insights, as he passed away on August 30, at "just" 82 years.  The New York Times reported the news here.  But I think that perhaps the most important words come from Dr. Sacks himself, including those from a recent essay, "The Joy of Old Age (No Kidding)." Here are some words to live by:

At nearly 80, with a scattering of medical and surgical problems, none disabling, I feel glad to be alive — “I’m glad I’m not dead!” sometimes bursts out of me when the weather is perfect. (This is in contrast to a story I heard from a friend who, walking with Samuel Beckett in Paris on a perfect spring morning, said to him, “Doesn’t a day like this make you glad to be alive?” to which Beckett answered, “I wouldn’t go as far as that.”) I am grateful that I have experienced many things — some wonderful, some horrible — and that I have been able to write a dozen books, to receive innumerable letters from friends, colleagues and readers, and to enjoy what Nathaniel Hawthorne called “an intercourse with the world.”


I am sorry I have wasted (and still waste) so much time; I am sorry to be as agonizingly shy at 80 as I was at 20; I am sorry that I speak no languages but my mother tongue and that I have not traveled or experienced other cultures as widely as I should have done.


I feel I should be trying to complete my life, whatever “completing a life” means. Some of my patients in their 90s or 100s say nunc dimittis — “I have had a full life, and now I am ready to go.” For some of them, this means going to heaven — it is always heaven rather than hell, though Samuel Johnson and James Boswell both quaked at the thought of going to hell and got furious with David Hume, who entertained no such beliefs. I have no belief in (or desire for) any post-mortem existence, other than in the memories of friends and the hope that some of my books may still “speak” to people after my death....


At 80, one can take a long view and have a vivid, lived sense of history not possible at an earlier age. I can imagine, feel in my bones, what a century is like, which I could not do when I was 40 or 60. I do not think of old age as an ever grimmer time that one must somehow endure and make the best of, but as a time of leisure and freedom, freed from the factitious urgencies of earlier days, free to explore whatever I wish, and to bind the thoughts and feelings of a lifetime together.

Nunc demittis servum tuum,  with our deep thanks and lasting memories.

August 31, 2015 in Current Affairs | Permalink | Comments (1)

Friday, August 28, 2015

Medicaid Eligibility: Ohio Supreme Court Addresses Effect of Post-Admission, Pre-Eligibility Transfer of Home

One year and six days after hearing oral argument in Estate of Atkinson v. Ohio Department of Job & Family Services, a divided Ohio Supreme Court ruled in favor of the State in a Medicaid eligibility case involving transfer of the community home.  The majority, in a 4-3 vote, ruled that "federal and state Medicaid law do not permit unlimited transfers of assets from an institutional spouse to a community spouse after the CSRA (Community Spouse Resource Allowance) has been set." However, the court also remanded the case to the lower court for recalculation of the penalty period under narrow, specific provisions of state and federal law.

Attorneys representing families in "Medicaid planning" scenarios will be disappointed in the ruling, because it rejected "exempt asset" and "timing" arguments that would have permitted some greater sheltering of assets after the ill spouse's admission to the nursing home. 

At the same time, the complex reasoning and specific facts (involving transfer of the family home out of the married couple's "revocable trust" to the community spouse), will likely create additional business for elder law specialists, especially as the majority distinguished the 2013 federal appellate court ruling in Hughes v. McCarthy, that permitted use of spousal transfers using "annuities."   

The dissent was strongly worded:

It is clear that the law treats the marital home very carefully to prevent spousal impoverishment at the end of life. And that is the public policy we should be embracing. Based on the plain language of the federal statutes and the Ohio Administrative Code, as well as the holding of the United States Court of Appeals for the Sixth Circuit in Hughes v. McCarthy, 734 F.3d 473, I would hold that the transfer of the home between spouses prior to Medicaid eligibility being established is not an improper transfer and is not subject to the CSRA cap.

To view the oral argument of the case before the Ohio Supreme Court, see here. 

August 28, 2015 in Ethical Issues, Federal Cases, Federal Statutes/Regulations, Health Care/Long Term Care, Medicaid | Permalink | Comments (0)

Who "Owns" Funds in Joint Accounts -- and Why Might It Matter for Medicaid Purposes?

Sometimes "small" cases reveal larger problems. A recent appellate case in Pennsylvania is a reminder of how practical solutions, such as establishing a joint bank account to facilitate management of money or to permit sharing of resources during early stages of elder care, may have unforeseen legal implications later. In Toney v. Dept. of Human Services, decided August 25, 2015, the Commonwealth Court of Pennsylvania ruled that "half" of funds held in a joint savings account under the names of the father and his son, were available resources for the 93-year-old father.  Thus the father, who moved into a nursing home in May 2014, was not immediately eligible for Medicaid funding. 

The son argued, however, that most of the money in the account was the son's money, proceeds of the sale of his own home when he moved out of state almost ten years earlier:

"The son alleged that his father used the bulk of that money to maintain himself, with the understanding that any money remaining from that CD after his father's death would revert to him. The ALJ, however, rejected the son's testimony as self-serving and not credible...."

Continue reading

August 28, 2015 in Estates and Trusts, Health Care/Long Term Care, Medicaid, Property Management, State Cases, State Statutes/Regulations | Permalink | Comments (0)

Webinar-Dementia-Friendly Communities

I had  blogged previously about the White House Conference on Aging (WHCOA) and the topic of dementia-friendly cities.  The Administrative for Community Living (ACL) is offering a webinar on September 1 at 4 p.m. edt on Dementia-Friendly Communities.  The announcement describes the webinar:

Join the National Alzheimer’s and Dementia Resource Center for a webinar on creating communities that are safe and respectful, provide support, and work toward quality of life for people living with dementia and their families.

Webinar participants will learn about key concepts related to Dementia Friendly Communities and hear from community leaders putting  these concepts into action.

The registration page is no longer taking registrations but hopefully there will be an archive of the webinar for those of us unable to attend. The National Alzheimer's and Dementia Resource Center was formerly known as the Alzheimer's Disease Supportive Services Program.

August 28, 2015 in Cognitive Impairment, Dementia/Alzheimer’s, Webinars | Permalink | Comments (0)

Thursday, August 27, 2015

Webinar on Effective Guardianship Practice

Dr. Brenda Ukert of the National Center for State Courts will be speaking on September 2, 2015 at a webinar on How to Protect our Nation's Most Vulnerable Adults through Effective Guardianship Practices. The one hour webinar starts at 1 PM edt.  The registration page describes the webinar:

Adult guardianship cases are some of the most complex cases handled in civil and probate courts.  While each state differs in qualifications, processes, and monitoring requirements, there are standards that can guide your court in developing robust practices that enhance both court efficiencies and oversight.  This webinar, based on NACM’s Adult Guardianship Guide, provides action steps courts can take to improve guardianship practices.  Concrete examples of innovative approaches and collaborative efforts will be highlighted.  Consideration will be given to the level of resources available to the court.

To register for the webinar, click here. The guide referenced in the webinar description is available here.

August 27, 2015 in Dementia/Alzheimer’s, Elder Abuse/Guardianship/Conservatorship, Webinars | Permalink | Comments (0)

Justice in Aging: Analyzing Training of Workers Who Assist People with Dementia

Justice in Aging offers  a very interesting examination of training standards for the broad array of persons who assist or care for persons with dementia, including volunteers and professionals working in health care facilities or emergency services. The series of 5 papers is titled "Training to Serve People with Dementia: Is Our Health Care System Ready?" The Alzheimer's Association provided support for the study.

The papers include:  

To further whet your appetite for digging into the well written and organized papers, key findings indicate that "most dementia training requirements focus on facilities serving people with dementia," rather than recognizing care and services are frequently provided in the home.  Further there is "vast" variation from state to state regarding the extent of training required or available, and in any licensing standards.  The reports specifically address the need for training for first responders who work outside the traditional definition of "health care," including law enforcement, investigative and emergency personnel. 

If you need an example of why dementia-specific training is needed for law enforcement, including supervisors and staff at jails, see the facts contained in Goodman v. Kimbrough, reported earlier on this Blog.    


August 27, 2015 in Cognitive Impairment, Dementia/Alzheimer’s, Elder Abuse/Guardianship/Conservatorship, Ethical Issues, Health Care/Long Term Care, Housing, State Cases, State Statutes/Regulations | Permalink | Comments (0)

Wednesday, August 26, 2015

LegalZoom Touts "Legal Advice"

Traditional estate practice attorneys are facing ever-increasing competition from commercial sites offering document preparation for set fees, usually through use of on-line templates for wills and similar estate planning documents.  LegalZoom, Inc., the brainchild of attorneys, including Brian Lee and Robert Shapiro (of O.J. Simpson trial fame) and begun in 2001, is one of the biggest commercial document companies. 

Traditional lawyers point out that they provide not just "documents" but core counseling and advice about the larger issues that may be involved in proper estate planning.  Recently, however, I've noticed LegalZoom is also touting availability of "legal help" through its television commercials, with the tagline "Real Attorneys. Real Advice."  Here's a link to one recent example.   

The small print at the bottom of the page at the end includes full names and locations of the several attorneys who say "hi" during the television commercial, plus the following: 

"This is an advertisement of a prepaid legal services plan, not for an individual attorney. This is not an attorney recommendation or legal advice. No comparative qualitative statements intended.... For the attorneys' full addresses, a list of non-appearing attorneys and more information, please visit" 

Earlier this year, LegalZoom filed an antitrust lawsuit against the North Carolina Bar, asserting that the organization was "unreasonable barring" the company from offering a prepaid legal services plan in its state.  The suit cites the February 2015 decision by the U.S. Supreme Court in North Carolina State Board of Dental Examiners v. Federal Trade CommissionLegalZoom filed an amicus brief in that case outlining its theory that misuse of state bar regulatory authority to restrict access to legal advice harms consumers. 

August 26, 2015 in Consumer Information, Current Affairs, Estates and Trusts, Ethical Issues, Federal Cases, Legal Practice/Practice Management, Property Management, State Statutes/Regulations | Permalink | Comments (0)

Medicare Learning Network Call on Dementia Care

The Centers for Medicare & Medicaid Services (CMS) provides the Medicare Learning Network (MLN). MLN provides, among other things, articles, trainings, and national provider calls. The next national provider call is scheduled for September 3, 2015 at 1:30 p.m. edt on the National Partnership to Improve Dementia Care and QAPI. Here is the description of this call

During this MLN Connects® National Provider Call, two nursing homes share how they successfully implemented person-centered care approaches and overcame the barriers of cost and staff. Additionally, CMS subject matter experts update you on the progress of the National Partnership and Quality Assurance and Performance Improvement (QAPI). A question and answer session follows the presentations.

The National Partnership to Improve Dementia Care in Nursing Homes and QAPI are partnering on MLN Connects Calls to broaden discussions related to quality of life, quality of care, and safety issues. The National Partnership was developed to improve dementia care in nursing homes through the use of individualized, comprehensive care approaches to reduce the use of unnecessary antipsychotic medications. QAPI standards expand the level and scope of quality activities to ensure that facilities continuously identify and correct quality deficiencies and sustain performance improvement.

Should you register for this program?  The intended audience is "[c]onsumer and advocacy groups, nursing home providers, surveyor community, prescribers, professional associations, and other interested stakeholders." So, if you fall into one of those groups, the answer is yes, you should register. Registration information is available here.

More information about the National Partnership to Improve Dementia Care in Nursing Homes is available here.

August 26, 2015 in Dementia/Alzheimer’s, Federal Statutes/Regulations, Health Care/Long Term Care, Medicare, Programs/CLEs, Webinars | Permalink | Comments (0)