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What happens when Nursing Homes and Hospitals reduce staff?
Understaffing is one reason we are seeing more bedsore lawsuits against nursing homes and hospitals in New York. It is a pressing issue when

Brian A. Raphan, Esq.
Oct 5, 20243 min read


Sister’s Credible Testimony Is Enough to Prove Medicaid Applicant’s Transfers to Her Were for Living
Reversing a decision by the Medicaid agency, a New Jersey appeals court holds that a Medicaid applicant’s sister’s credible testimony...

Brian A. Raphan, Esq.
Jun 22, 20222 min read


Nursing Homes & Hospitals suffer from loss of employees during the pandemic.
Admissions Backlog Hurting Hospitals Faced with the loss of employees during the pandemic and the difficulty in recruiting replacements...

Brian A. Raphan, Esq.
Feb 11, 20222 min read


Can you avoid a Nursing Home, and still get care with Medicaid's Home Care Waivers ?
The most common type of Medicaid waiver expands Medicaid to cover home care to individuals who need a high level of care, but who would like

Brian A. Raphan, Esq.
Feb 8, 20222 min read


Top Ten Nursing Homes in New York
See the Top 10 List in New York from Caring.com> Of course, when considering a home for your loved one you should also consider factors...

Brian A. Raphan, Esq.
Sep 22, 20201 min read


Do you have a wrongful death claim?
It is never an easy time when losing a loved one. When the death was preventable, the sense of loss can seem even more painful. While it...

Brian A. Raphan, Esq.
Jul 7, 20201 min read


Medicaid isn’t just for Nursing Homes: #Homecare
Traditionally, Medicaid has paid for long-term care in a nursing home, but because most individuals would rather be cared for at home and...

Brian A. Raphan, Esq.
Mar 6, 20192 min read


Are Medicare Advantage Plans Steering Enrollees to Lower-Quality Nursing Homes?
A recent study has found that people enrolled in a Medicare Advantage plan were more likely to enter a lower-quality nursing home than...

Brian A. Raphan, Esq.
May 17, 20182 min read


Medicaid Applicants & Home Care: Centers for Medicare and Medicaid Services Clarifies Penalty Pe
The Centers for Medicare and Medicaid Services (CMS) has clarified when a transfer penalty begins for Medicaid applicants who are seeking...

Brian A. Raphan, Esq.
May 1, 20181 min read


Batter up! In the Bronx, Stadium Scents Take Fans Out to the Ballgame
In the Bronx, Stadium Scents Take Fans Out to the Ballgame By COREY KILGANNON MARCH 31, 2018, New York Times Gilbert Marcus, 80, smelled...

Brian A. Raphan, Esq.
Apr 3, 20186 min read


Should you sign that Nursing Home Admissions Agreement you were given?
Read the agreement carefully before signing. Nursing Home Agreements can be complicated and confusing Admitting a loved one to a nursing...

Brian A. Raphan, Esq.
Mar 20, 20183 min read


Complaints About Nursing Home Evictions Rise, and Regulators Take Note
From The New York Times: One reason for the evictions, legal advocates say, is that the residents’ better-paying Medicare coverage is...

Brian A. Raphan, Esq.
Feb 23, 20181 min read


Bedsores Reference Guide: Lawsuit, Medical, and Treatment information
Have bedsores reached epidemic proportions yet? To many it seems so — especially in elders that are in hospitals and nursing homes — and...

Brian A. Raphan, Esq.
Jan 13, 20181 min read


Pressure sores: Causes, treatment, and prevention
Informative medical information: Via MEDICAL NEWS TODAY, By Christian Nordqvist Reviewed by University of Illinois-Chicago, School of...

Brian A. Raphan, Esq.
Dec 15, 20176 min read


A Medicaid Applicant’s Purchase of Life Insurance Policy Is Transfer for Less Than Market Valu
An Illinois appeals court rules that a Medicaid applicant’s purchase of a life insurance policy was a transfer for less than fair market...

Brian A. Raphan, Esq.
Apr 13, 20171 min read


A Brothers’ Dispute Over Mother’s Nursing Home Placement Is Not Domestic Violence
A New Jersey appeals court rules that an ugly dispute between two brothers over their mother’s placement in a nursing home did not amount...

Brian A. Raphan, Esq.
Mar 29, 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.
Feb 28, 20171 min read


Jury awards family $1 million in lawsuit against Beachwood nursing home
The family of a former resident of Beachwood Pointe Care Center has won a $1 million lawsuit against the nursing home. (Eli Saslow,...

Brian A. Raphan, Esq.
Apr 13, 20161 min read


Seeking long-term care? How your local Ombudsman can help…
OMBUDSMAN: What is the Program/Service Via www.aging.ny.gov Educating, empowering and advocating for long-term care residents. The...

Brian A. Raphan, Esq.
Nov 10, 20152 min read


What Happens to a Medicaid Recipient If the Spouse at Home Dies First?
In order to qualify for Medicaid, a nursing home resident can have only a limited number of assets.

Brian A. Raphan, Esq.
Dec 2, 20142 min read
Important news for seniors and their families
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