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NY Medicaid Estate Recovery Law Repealed

Over the past year, you may have heard about New York Medicaid recovery against a deceased nursing home patient’s jointly held property, retained life estates and interests in trusts.In 2011, New York legislation, administrative directives and emergency regulations expanded the definition of the “estate” that was subject to recovery by Medicaid (EER). That law was […]

Are Miniature Horses Permitted In Facilities?

Yes. In addition to the ADA provisions about service dogs, there are separate provisions about miniature horses that have been individually trained to do work or perform tasks for people with disabilities. Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and generally weigh between 70 and 100 […]

Can Disabled People With Service Animals Be Isolated From Other Patrons, Treated Less Favorably Than Other Patrons, Or Charged Fees That Are Not Charged To Other Patrons Without Animals?

No and in addition, if a business requires a deposit or fee to be paid by patrons with pets, it must waive the charge for service animals. If a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may also be charged for damage caused by […]

When Can A Person With A Disability Be Asked To Remove His Or Her Service Animal?

If the dog is out of control and the handler does not take effective action to control it or the dog is not housebroken. When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the […]

What Questions May Be Asked Of A Person With A Service Animal?

When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask whether the dog a service animal required because of a disability and what work or task has the dog been trained to perform. Staff cannot ask about the person’s disability, require medical documentation, require a special identification […]

Where Are Service Animals Allowed?

Under the ADA, State and local governments, businesses, and nonprofit organizations that serve the public generally must allow service animals to accompany people with disabilities in all areas of the facility where the public is normally allowed to go. For example, a New York hospital could notexclude a service animal frompatient rooms, clinics, cafeterias, or […]

Do Emotional Assistance Dogs Qualify?

No. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA. However, this definition does not affect or limit the broader definition of “assistance animal” under the Fair Housing Act or the broader definition of “service animal” under the Air Carrier Access Act. Some State […]