Category Archives: Elder Law

Enhanced Nursing Home Rating System Has Staffing and Turnover Data

Enhanced Nursing Home Rating System Has Staffing and Turnover Data

The Centers for Medicare & Medicaid Services (“CMS”) launched its enhanced Nursing Home Five-Star Quality Rating System on July 27, 2022 which integrates data nursing homes report on their weekend staffing rates for nurses and information on annual turnover among nurses and administrators. CMS research shows that higher nurse turnover is associated with lower quality […]

NY Home Health Aide Pleads Guilty to Larceny

NY Home Health Aide Pleads Guilty to Larceny

Brigid M. Buseman, also known as Brigid McKirchy, of Clarence, New York was sentenced  before Erie County Court Judge Susan Eagan to five years of probation. As part of her sentence, the 31-year-old defendant was ordered to participate in a drug treatment program. While working as a home health aide, she falsified personal checks that […]

Home Health Care Provider Who Stole Over $1 Million From Elderly Clients Sentenced to Prison

Home Health Care Provider Who Stole Over $1 Million From Elderly Clients Sentenced to Prison

Chief U.S. District Judge Martin Reidinger sentenced Lindsey Allison Kerns, 39, of Mars Hill, N.C., to 45 months in prison, for stealing more than $1 million from two elderly clients in her care. In addition to the prison term , Kerns was ordered to serve three years court supervision and to pay $1,088,554.99 as restitution. […]

Does The Physician-Patient Privilege Apply to NY Guardianship Proceedings?

Does The Physician-Patient Privilege Apply to NY Guardianship Proceedings

Yes, the physician-patient privilege applies to New York Mental Hygiene Law Article 81 (“MHL 81”) guardianship proceedings. In MHL 81 proceedings, the Alleged Incapacitated Person (“AIP) enjoys an absolute right to doctor-patient confidentiality  that precludes admission of his/her medical records or information into evidence unless he/she waives the privilege or has affirmatively placed his/her medical […]

NY Prison Sentence for Defrauding Elderly Victims Out of $2.6 Million

NY Prison Sentence for Defrauding Elderly Victims Out of $2.6 Million

Martin Hogan, 53, of Montreal Canada was convicted of conspiracy to commit wire and mail fraud. He was sentenced to serve 111 months in prison by U.S. District Judge Frank P. Geraci, Jr. in Rochester, NY.  Between September 2015 and March 2020, Hogan conspired with multiple co-defendants to defraud elderly victims using a fraudulent telemarketing […]

Nursing Home Debt Collection Webinar

Nursing Home Debt Collection

New  York Attorney, Robert Friedman, drawing on 43 years of experience as an Elder Law, Probate, Estate Planning, and Debt Collection Attorney, answers these ten most commonly asked questions by creditors and debtors about New York Nursing Home Debt Collection: WHAT ARE THE New 2022 Debt Collection Laws? WHAT ARE 2022 NURSING HOME MEDICAID AND MEDIARE CHANGES? WHEN ARE NURSING HOME ADMISSIONS AGREEMENTS ILLEGAL? ARE […]

18% of NY Nursing Home Residents Receive Dangerous Antipsychotic Drugs

18% of NY Nursing Home Residents Receive Dangerous Antipsychotic Drugs

Inappropriate antipsychotic (“AP”) drugging is a pervasive problem in New York nursing homes. The Long Term Care Community Coalition’s new antipsychotic drugging data on New York nursing homes (Q2 2021) show that AP drugs are being administered to 18.4% of New York nursing homes residents, 84.8% of whom receive them daily. These highly potent drugs […]

Financial Rights of NY Nursing Home Patients

Financial Rights of NY Nursing Home Patients

As a New York nursing home patient, you have the right to: 1. A written copy and explanation of the nursing home’s basic services at the time of admission. 2. Manage your own financial affairs or, in writing, authorize the facility to manage your personal finances in accordance with specific requirements, such as those governing […]

NY Law Firm Fabricated Claims Against Nursing Home Patient’s Son

NY Law Firm Fabricated Claims Against Nursing Home Patient’s Son

Cona Elder Law (“CEL”) a Long Island, New York law firm, was sued for allegedly  fabricating claims of fraudulent conveyance to induce debt repayment from Alphonso Franklin, the son of a of a nursing home resident. CEL was accused of fabricating claims in hundreds of debt collection lawsuits on behalf of its nursing home clients […]

NY Nursing Homes Admit Excess Profits

NY Nursing Homes Admit Excess Profits

Over $510 Million Annually Diverted from NY Resident Care In December of 2021 more than 200 nursing homes (“Plaintiffs”) filed a federal lawsuit against New York State, to stop implementation of a new state law on nursing home spending. That law requires nursing homes to spend at least 70% of their revenue on resident care and limits […]