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In City of Grants Pass, Oregon v. Johnson (U.S. 6/28/2024), the U.S. Supreme Court held that enforcement of generally applicable laws regulating camping on public property does not constitute “cruel and unusual punishment” prohibited by the Eighth Amendment. This decision followed the City of Grants Pass’ adoption of an ordinance restricting homeless individuals from camping […]

The Centers for Medicare and Medicaid Services launched the Guiding an Improved Dementia Experience (GUIDE) Model on July 1, 2024. It is a voluntary nationwide model test that aims to support people with dementia and their unpaid caregivers. The GUIDE Model is an attempt to provide Medicare funded comprehensive, coordinated dementia care to improve quality […]

Medicaid’s Refusal to Provide 24/7 Care in the Community Might be Discrimination In Harrison v. Young (5th Cir. June 6, 2024), the Fifth Circuit considered Ms. Barbara Harrison’s claim challenging Medicaid‘s denial of funding for medical services that she claimed are necessary for her survival. Harrison has severe physical and intellectual disabilities. She cannot walk […]

From time to time federal regulations covering nursing home quality of care are updated. Thus far, the following updates have been published in May and June of 2024. Updates posted May 10, 2024 42 CFR Part 483 — Requirements for States and Long Term Care Facilities view changes § 483.5 Definitions. view changes § 483.10 […]

Nursing homes that accept Medicare or Medicaid are required to comply with quality of care regulations. Although we have blogged elsewhere on specific nursing home resident rights, the current federal regulations are linked below. 42 CFR Part 483 — Requirements for States and Long Term Care Facilities § 483.5 Definitions. § 483.10 Resident rights. § […]

On June 11, 2024, the Gerontologist published an article on Medicaid enrollment and Intergenerational transfers of wealth among older adults. The article was based on a review of data from 2008 through 2018 analyzing estate planning and family wealth transfers of older adults aged 65 and older who became Medicaid recipients. There were 8,347 respondents […]

Dementia affects more than 50 million people worldwide. The Virtual Dementia Tour is designed to allow participants to experience what dementia patients see, hear and feel so they better understand and empathize with individuals who have dementia. One website with the UNC Greensboro reports: “The simulation temporarily alters your physical and sensory abilities to replicate […]

The Georgia Court of Appeals decided the case of In re Bessie Mae Blake on February 20, 2024. Willis Blake was appointed as his mother’s conservator in 2000, but he was a poor record keeper. Although he was required to set up a separate account for Bessie Mae, keep records of expenses and file annual […]

The following is a re-post of David E. Hultstrom’s Financial Foundations April 2024. You can reach Mr. Hultstrom at  770-517-8160. It’s tax season once again and time for the annual summary of the state of the fisc. I have no political point, this is just data. The causes of the numbers below are thoroughly bipartisan. […]

In February 2024, Justice in Aging released a new report based on California’s “performance measure” data from the state’s Medicaid assisted living program. Aging in Justice concluded that the quality of care measures provide no meaningful information. A perfect score tells you nothing about the quality of care residents receive. The report concludes that the […]

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