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. […]
Category Archives: Elder Law
10
Jun
Jun
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 […]
09
Jun
Jun
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 […]
11
May
May
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 MEDICARE CHANGES? WHEN ARE NURSING HOME ADMISSIONS AGREEMENTS ILLEGAL? ARE […]
24
Feb
Feb
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 […]
09
Feb
Feb
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 […]
07
Feb
Feb
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 […]
24
Jan
Jan
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 […]
10
Jan
Jan
How much are the 2022 Medicare benefit deductibles? hospital deductible $1,556, co-insurance (days 61-90) $389/day, and skilled nursing facility co-insurance (days 21-100) $194.50/day. How much are the 2022 NY Medicaid Institutional and Community/Home Care resource and income allowances? (Community / Home Care Benefits are in parenthesis): resource allowance $16,800 ($16,800), income allowance $50 ($934), community […]
11
Oct
Oct
Are you looking into Medicaid planning? Act quickly and start your Medicaid claim before it’s too late! Give our Rochester lawyers a call now. Medicaid Eligibility Medicaid is your very last resort and it is based on your financial need. You are limited to having $845 per month. With resources of no more than $14,850. When someone […]