The HIPAA privacy rule is not absolute. It recognizes that certain disclosures are beneficial, such as those where information must be shared to ensure that a patient receives the best treatment. Section 164.510 provides that a covered entity may use or disclose protected health information, provided that the individual is informed in advance of the […]
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The Olmstead case was brought by two Georgia women whose disabilities include mental retardation and mental illness. At the time the suit was filed, both plaintiffs lived in State-run institutions, despite the fact that their treatment professionals had determined that they could be appropriately served in a community setting. The plaintiffs asserted that continued institutionalization […]
The cases discussed here make clear the importance of making health decisions in advance and communicating them. Too often, decisions are put off, sometimes because people fear an advance directive is a license to kill; if individuals took time to examine the document, they would find that its simply an expression of individual values, whether […]
Georgia law (O.C.G.A. § 31-39-1 et seq.) defines a candidate for non-resuscitation as a patient who, based on a determination to a reasonable degree of medical certainty by an attending physician with the concurrence of another physician: (A) Has a medical condition which can reasonably be expected to result in the imminent death of the […]
Nursing home residents and their personal representatives have a right to stay informed regarding their condition and their care. 42 CFR § 483.10(g) provides: (1) The resident has the right to be informed of his or her rights and of all rules and regulations governing resident conduct and responsibilities during his or her stay in […]
News Sources: Elder Law Attorney Daniel Tully has 9 questions you should ask before you or a loved one goes into a nursing home Elder Law Attorney Janet Colliton answers “Where is home when you have more than one?” Social Security proposal would raise revenue and temporarily enhance benefits Nursing homes can now lift most […]
The Rosalynn Carter Institute for Caregivers (RCI) and Seniorlink recently announced its winners of the 2021 Georgia Caregiver of the Year Awards. Lynn Platt of Peirce County is the Family Caregiver of the Year; Ellen Criswell of Forsyth is the Volunteer Caregiver of the Year; and Katherine Weaver of Winder is the Para-professional Caregiver of the Year. Read more…
During Covid-19, nursing facilities were allowed to restrict visitation to prevent Covid’s spread. A recent CMS letter to State Survey Directors says “[f]acilities must allow indoor visitation at all times and for all residents as permitted under the regulations” In other words, visitation is now allowed for all residents at all times. Failure to permit […]
Many people have questions about guns and gun rights, especially as they relate to the elderly. The general answer is that in the United States, guns are poorly regulated. EZ Elder Law has no opinion regarding gun ownership generally, but guns and dementia are a poor mix. It is estimated that 9% of older Americans […]
November 14 through November 20, 2021, is International Fraud Awareness Week. Georgia Attorney General Chris Carr says: Scammers are constantly adapting their fraudulent schemes to new technologies, seasonal happenings, the latest trends and current events,” said Carr. “To stay ahead of these deceptive tactics, we urge all Georgians to familiarize themselves with the common signs of a scam and to take precautions to […]
