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HTMLNursing Care Contracts and Admission Agreements: Starting a Relationship the Right Way
Andrew C. Voorhees; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
May 19, 2015, previously published on April 24, 2015
From the perspective of a proprietor of a nursing care facility, admission agreements are the beginning of the credit relationship between a facility and the resident. Although the main concern behind this agreement is care for the resident, the agreement also needs to outline the rights and...

 

HTMLOne Lump or Two
Jason Mosbaugh; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
May 19, 2015, previously published on April 24, 2015
In the Ohio healthcare industry, claims of negligence against nursing homes, residential or long-term care facilities are increasing. However, the time afforded to bring such claims varies. Consider the following hypotheticals.

 

HTMLData Breach Class Action Plaintiffs Lack Standing
Sutherland Asbill Brennan LLP;
Legal Alert/Article
May 18, 2015, previously published on May 15, 2015
A federal court in New Jersey is the latest in a series of courts to dismiss a putative data breach class action due to plaintiffs’ failure to adequately plead standing. In re Horizon Healthcare Services, Inc. Data Breach Litigation, No. 2:13-cv-07418-CCC-JBC (D.N.J. Mar. 31, 2015).

 

HTMLClient Alert: Congress Permanently Repeals The Sustainable Growth Rate
Susan B. Orr; Rhoads & Sinon LLP;
Legal Alert/Article
May 18, 2015, previously published on April 2015
Last night, the Senate voted overwhelmingly to permanently repeal Medicare's sustainable growth rate formula for physician payments that had been in place since 1997, ending more than a decade of legislative gridlock on the issue.

 

HTMLGOP Mulls How to Best Use Reconciliation
McDonald Hopkins LLC;
Legal Alert/Article
May 15, 2015, previously published on May 8, 2015
Now that both chambers have passed a final budget, we know that Republicans plan on using reconciliation instructions in that budget to take on the President’s Affordable Care Act. What remains unknown, however, is exactly what that will look like. It may depend greatly on what the Supreme...

 

HTMLMedicare Reform: Not Happening
McDonald Hopkins LLC;
Legal Alert/Article
May 15, 2015, previously published on May 8, 2015
Major Medicare reform was once gospel for Republicans, and indeed, moving Medicare to a more privatized model has been a staple of Republican budgets since they took the House in 2010. This year, however, it is clear that major reform of the entitlement program isn’t on the GOP agenda.

 

HTMLIs Malicious Prosecution a Potential Settlement Tool?
Michael K. Brisbin, Laura E. Fannon; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 15, 2015, previously published on May 11, 2015
In many instances, insurers are initially sued by plaintiffs with colorable claims seeking monetary recovery. During the course of litigation and through discovery, it sometimes becomes clear that the plaintiff’s claim or claims have no merit. Yet, the plaintiff and his or her counsel...

 

HTMLCost of Private Nursing Home Room Now Averaging $91,250
Chambliss Bahner Stophel P.C.;
Legal Alert/Article
May 14, 2015, previously published on May 2015
The median cost of a private nursing home room in the United States has increased 4.2 percent to $91,250 a year, according to the 2015 edition of a Cost of Care survey that the insurer Genworth has conducted for the past 12 years. Genworth reports that the median cost of a semi-private room in a...

 

Adobe PDFScore One for the Defense: Application of the Affordable Care Act To Reduce Future Damages
Leslie M. Jenny; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
May 14, 2015, previously published on May 2015
Lawyers who handle catastrophic injury cases have eagerly awaited the first rulings to address the impact, if any, of the Affordable Care Act (ACA) on claims for future damages. Before the ACA, it was uncertain whether injured individuals would have health insurance in the future. Consequently, in...

 

HTMLMedicaid's Gift to Children Who Help Parents Postpone Nursing Home Care
Chambliss Bahner Stophel P.C.;
Legal Alert/Article
May 14, 2015, previously published on May 2015
In most states, transferring your house to your children (or someone else) may lead to a Medicaid penalty period, which would make you ineligible for Medicaid for a period of time. However, there are circumstances in which transferring a house will not result in a penalty period.

 


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