In Department of Human Services v. Hobart, the Oregon Court of Appeals ruled, on March 2, 2022, that Oregon’s Medicaid agency could pull a Medicaid recipient’s interest in a marital home back into her estate for purposes of estate recovery. The federal Medicaid law requires States to pursue estate recovery, but some States are more […]
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In Welch v. Oaktree Health and Rehabilitation Center (2/28/2022), the Tennessee Court of Appeals reversed a trial court’s determination that an arbitration agreement could not be enforced. David Welch was a nursing home resident. Prioer to his death, he executed a power of attorney for health care, designating his brother, James Welch, as his health […]
On February 11, 2022, the Georgia Court of Appeals affirmed Julia Bell’s conviction for elder exploitation. She was originally indicted 7 counts of elder exploitation; a jury found her guilty of four counts and not guilty of three counts. She appealed her conviction on the remaining accounts alleging, among other claims, that insufficient evidence supported […]
On February 10, 2022, the National Consumer Voice for Quality Long-Term Care posted a podcast titled Nursing Home Neglect: Preventing it and Getting Help. Click here to listen to the podcast. Other podcasts by the National Consumer Voice for Quality Long-Term Care are available here. For other information regarding nursing home resident rights, click here. […]
Federal regulations (42 C.F.R. § 483.60) provides that each resident receives and the facility must provide: Food prepared by methods that conserve nutritive value, flavor, and appearance; Food and drink that is palatable, attractive, and at a safe and appetizing temperature; Food prepared in a form designed to meet individual needs; Food that accommodates resident […]