In Milbourne v. Milbourne, 301 Ga. 111 (2017), The Georgia Supreme Court affirmed a Gwinnett Probate Court Order refusing to grant summary judgment on the issue of undue influence. Milbourne concerned a Will, allegedly procured through the undue influence of the Will-maker’s sister. The Will-maker was Edison Jamal Milbourne. He suffered a work related brain […]
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Last year we reported that Talevski v. Health and Hospital Corporation of Marion County (HHC) was headed to the Supreme Court. On June 8, 2023, the U.S. Supreme Court issued its opinion, affirming the Seventh Circuit, and held that the Federal Nursing Home Reform Act (FNHRA) is enforceable under 42 U.S.C. § 1983. Justice Jackson […]
On May 26, 2023, the Ohio Court of Appeals for the Sixth Appellate District decided Kaltenbach v. Wasserman. Keith Kaltenbach was sued for allegedly breaching his duty under a power of attorney, engaged in undue influence and unlawfully converting portions of her real property and money. After he was sued, Keith met with attorney Wasserman […]
On June 5, 2023, the Centers for Medicare and Medicaid Services (CMS) amended 42 C.F.R. § 483.80 (infection control) and § 483.430 (Condition of participation: Facility staffing) to remove expired COVID-19 provisions. See 88 FR 36485. The specific amendments are: Section 483.80 is amended by removing paragraphs (h) and (i). Section 483.430 is amended by […]
In April, 2022, we reported that HB 620 altered how settlements for minors can be approved under O.C.G.A. § 29-3-3, at least in cases where the trial court approves direct payment to a trust. Prior to passage of HB 620, Section 29-3-3 read as follows: 2021 Version For purposes of this Code section, the term […]
“In general, in order to maintain an action, a party “must establish standing to sue on the ground asserted, which requires showing an injury in fact that was caused by the breach of a duty owed by the defendants to the plaintiffs and that will be redressed by a favorable decision from the court.” Ames […]
In L.U. v. Division of Medical Assistance (N.J. Superior Court Docket A-2937-20, May 23, 2023), the Superior Court affirmed denial of L.U.’s request for a fair hearing. How, you ask? “I thought everyone had a right to a fair hearing!!! Well, apparently not. L.U. was an unrepresented Medicaid recipient. He appealed from a May 11, […]
The following Georgia Medicaid cases were litigated outside the context of an administrative hearing, or were appealed beyond that point. Of course, we are not representing there are no other published decisions on point. United Cerebral Palsy of Georgia v. Ga. Dep’t of Behavioral Health and Dev. Disabilities, 331 Ga. App. 616 (2015). A provider […]
Nursing homes are intended to be places of comfort and healing. More than 1.4 million individuals live in over 15,500 Medicare- and Medicaid-certified nursing homes across the nation. Everyone knows staffing is the most significant issue when determining whether your loved one gets the care he or she needs. Staffing levels have a direct impact […]
Ms. Humprey was a hospital patient and the University of Tennessee Medical Center filed a petition for Conservatorship. The petition alleged she was unable to make appropriate decisions regarding her treatment and medical care. Petitioner attached the report of Dr. Taylor Wright in support of its petition. The Court appointed a guardian ad litem and […]
