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Brian A. Raphan, Esq.
Jul 18, 20172 min read
New Protections for Nursing Home Residents
New Obama-era rules designed to give nursing home residents more control of their care are gradually going into effect. The rules give...
Brian A. Raphan, Esq.
Feb 28, 20171 min read
Nursing Home Cannot Sue Resident’s Daughter Who Signed Admission Agreement
A North Carolina appeals court dismisses a breach of contract lawsuit against a nursing home resident’s daughter even though the daughter...
Brian A. Raphan, Esq.
Dec 16, 20155 min read
How To Look Out for a Relative in a Nursing Home
The best ways to make sure your loved one gets the care that was promised. Finally, after ticking off the last item on a lengthy list of...
Brian A. Raphan, Esq.
Nov 24, 20151 min read
Son Must Pay for Mother’s Care Under Filial Responsibility
A Pennsylvania appeals court holds that a son is required to pay for his mother’s care under the state’s filial responsibility law even...
Brian A. Raphan, Esq.
Oct 28, 20152 min read
What’s the Difference Between Medicare and Medicaid in the Context of Long-Term Care?
Although their names are confusingly alike, Medicaid and Medicare are quite different programs. Both programs provide health coverage,...
Brian A. Raphan, Esq.
Aug 4, 20151 min read
Medicaid’s Gift to Children Who Help Parents Postpone Nursing Home Care:
In most states, transferring your house to your children (or someone else) may lead to a Medicaid penalty period, which would make you...
Brian A. Raphan, Esq.
Jun 30, 20152 min read
Appeals Court Upholds Class Certification of Nursing Home Residents Seeking Community-Based Alternat
A U.S. Court of Appeals upholds a district court ruling that granted class certification to a group of disabled nursing home residents...
Brian A. Raphan, Esq.
Jan 28, 20153 min read
To Collect Debts, Nursing Homes Are Seizing Control Over Patients
The need to protect your assets is always at hand. Planning for long-term care with an elder law attorney can help protect your assets...
Brian A. Raphan, Esq.
Jan 10, 20152 min read
Lack of Personal Care Agreement Makes Reimbursements to Relatives an Improper Transfer
Reversing a trial court, a Louisiana appeals court determines that a nursing home resident improperly transferred close to $50,000 to his...
Brian A. Raphan, Esq.
Nov 6, 20141 min read
Nursing Home’s Claim Has Priority over State’s Medicaid Claim
A New York appeals court rules that a nursing home that had a claim against the guardianship account of a resident is entitled to...
Brian A. Raphan, Esq.
Nov 6, 20142 min read
New Federal Regulations May Increase Pay for Home Care Workers, But Could Harm Seniors and People wi
A federal regulation scheduled to go into effect on January 1, 2015, could force employers to pay previously exempt caregivers the...
Brian A. Raphan, Esq.
Oct 15, 20143 min read
Maybe it’s time for a geriatric care manager
Why do we hear so much about geriatric care management these days? It’s because there are so many benefits they can provide to seniors...
Brian A. Raphan, Esq.
Aug 12, 20144 min read
The Rights of Nursing Home Residents
While residents of nursing homes have no fewer rights than anyone else, the combination of an institutional setting and the disability...
Brian A. Raphan, Esq.
Jul 18, 20141 min read
Free Download: 2014 Benefits Guide for Seniors: NYC
Free download. NYC Department of Aging resources. Free benefits guide for senior citizens. For 2014, this guide from NYY.gov  is a...
Brian A. Raphan, Esq.
Jul 16, 20143 min read
Some FAQ’s about Health Care Proxys
As an Elder Law attorney  for over 25 years  I have recently been getting more and more questions about Health Care Proxys. Below are...
Brian A. Raphan, Esq.
Jul 8, 20142 min read
Heir Liable for Reimbursement of Mother’s Medicaid Expenses
Medi-Cal (Medicaid) recipient Merver Mays died, leaving her house as her only asset. Ms. Mays’ daughter, Betty Bedford, petitioned the...
Brian A. Raphan, Esq.
Jun 11, 20142 min read
Judge: Casey Kasem’s daughter in charge of care
The Associated Press PORT ORCHARD, Wash. (AP) — A Washington state judge on Friday said Casey Kasem’s daughter, not her stepmother, is in...
Brian A. Raphan, Esq.
Feb 18, 20142 min read
Can You Appeal If Medicare Refuses to Cover Care You Received?
Absolutely. Sometimes Medicare will decide that a particular treatment or service is not covered and will deny a beneficiary’s claim....
Brian A. Raphan, Esq.
Dec 30, 20131 min read
How to Use Medicare to Pay for In-Home Care
The good news is that Medicare coverage is easier to get than it used to be, and it should become easier still. Read full article… #medicare
Brian A. Raphan, Esq.
Dec 18, 20131 min read
How will the Affordable Care Act affect Seniors…
How will the Affordable Care Act affect Seniors… #healthcare #elderlaw #obamacare #seniorcitizens #eldercare #medicare #medicaid
Important news for seniors and their families
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