Elder Law and Special Needs Law News Roundup – 6-24-2022

We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Some cited resources are for professionals, but most are news or other helpful articles we found scouring the internet. Only headlines are listed so you can use this page like a newspaper, reading only those articles where the headline catches your eye. Although we review a number of sources collecting information, many of the articles listed here were found using Google Alerts. If a link you need has gone missing, try pasting the link into the Wayback Machine (Internet Archive). We do not vouch for the quality or accuracy of information on third-party sites. If you have news you want us to post in a future addition of our news roundup, email us at websupport@ezelderlaw.com.

June is Alzheimer’s Awareness Month, PTSD Awareness Month and National Pride Month.

General News Sources and Top News:

Caregiving News:

• VA Caregiver Support Program (Updates)
• Helping the Helpers: Leveraging information technology to support caregiver medication management for the millions of individuals who live with dementia
• Caregiving hacks for easier activities of daily living (ADLs) for your senior
• Why does caregiver anger occur?
• In-Home Care TIPS: Balancing Time Between Children & Aging Parents
• Preparing for Our Aging Parents
• Who cares for the caregiver?
• Multigenerational Households Help Diminish Isolation of Caregiving
• A Caregiver’s Bill of Rights
• Emergency Response for People Living with Dementia and Their Caregivers

Consumer Protection, Scams, Abuse:

• Elder abuse comes in many forms
• FBI says fraud on LinkedIn a ‘significant threat’ to platform and consumers
• Your Social Security Number: When Is It Safe to Share It?
• Virtual Panel on Nursing Home and Scams/Fraud Prevention Messaging

Health and Healthcare Related News:

• Roche Alzheimer’s Drug Fails Long-Running Trial
• Menopause is not a disease. Experts call for new narrative for this natural stage of a woman’s life
• To Prevent a Stroke, Household Chores and Leisurely Strolls May Help
• Podcast: How to Keep a Good Blood Glucose Target Range
• Applying Agile Methodology to Reengineer the Delivery of Person-Centered Care in a Nursing Home: A Case Study
• Sequential relationships of food intake in nursing home residents with dementia: Behavioural analyses of videotaped mealtime observations
• Hypotension Under Antihypertensive Treatment and Incident Hospitalizations of Nursing Home Residents
• The Danton Study – Discontinuation of Antihypertensive Treatment in Older Poeple with Dementia Living in a Nursing Home: Results of a Randomized Controlled Trial
• A rise-assisting robot extends life space and improves facial expressions of nursing home residents
• Effect of a culturally sensitive DEmentia Competence Education for Nursing home Taskforce (DECENT) programme in China: A quasi-experimental study
• Functional and cognitive outcomes after suprapubic catheter placement in nursing home residents: A national cohort study
• Breathing against suicidal ideation: factors of suicidal attempts in nursing home residents under COVID-19
• Risk factors for vision loss among nursing home residents: a cross-sectional analysis
• Older adults more likely to have multiple health ailments than prior generations
• Boomers Sicker Than Their Parents Were at Same Age
• Older People With Better Balance Tend To Live Longer
• Improving the approach to defining, classifying, reporting and monitoring adverse events in seriously ill older adults: recommendations from a multi-stakeholder convening
• Developing a Master Plan for Aging Tool
• CDC Advises Upgraded Flu Shots For Seniors

Social Security, Medicare, Medicaid and VA Benefits:

• High Court Allows Insurers To Limit Dialysis, Forcing Patients To Medicare | Court’s Decision
• Social Security bill would give seniors an extra USD 2,400 a year. Here’s how it would work
• Medicare Advantage Plans Have Great Promise But They Are Not Delivering
• New Case: Georgia v. McDonough (U.S. Supreme Court 6/15/2022) (Marine medically discharged was not entitled to collaterally attack final ruling denying benefits after VA, years later, invalidated regulation; the Board’s application of a thenbinding regulation is not the kind of “clear and unmistakable error” for which collateral relief is available
• New Case: American Hospital Ass’n v. Becerra (U.S. Supreme Court 6/15/2022) (Absent a survey of hospitals’ acquisition costs, HHS may not vary the Medicare reimbursement rates only for 340B hospitals) Related News Article
• Is schizophrenia a disability, and how can you claim benefits?
• AHA to CMS: Proposed inpatient, LTCH payment updates ‘woefully inadequate’
• Consistency of preventive care among Medicare beneficiaries: a longitudinal analysis using data from the 2016–2019 Medicare Current Beneficiary Survey

Special Needs News:

• Eastern Michigan University streamlines special education program; provides faster path to graduation
• Orr working on bill to put cameras in special education classrooms
• Here are 13 facts about autism, which affects 1 in 100 children
• Resource: National Adoption Compentency Mental Health Training Program
• ‘This can save lives.’ Purple Alert, for adults with disabilities, added to Florida system for finding the missing
• Supplemental Security Income benefits for children with disabilities
• EP Magazine (June 2022)

Events, Webcasts & Podcasts:

• 6th Annual Medicaer Secondary Payer Conditional Payment Forum, Streaming July 11-13, 2022
• American Hospital Association Leadership Summit, July 17-19, 2022
• Rocky Mountain Regional Elder Law Retreat, August 25-27, 2022
• NELF 2022 Forum, September 9-10 in Kansas City, MO
• 53rd Annual Estate Planning Institute, PLI, September 12, 2022
• Best Practices in Trust Account Management, Tenn. Comm. on CLE, September 14, 2022, 9am to Noon CDT
• Elder Abuse Conference (Oregon AG), October 20-21, 2021
• National Conference on Guardianship, Dallas, TX, October 22-25, 2022
• ARC National Convention, November 10-12, Denver Colorado
• CareFreeMe – Virutal Study for memory loss patients considering retiring from driving

Government Sources:

• CMS: Men’s Health: Talk to Your Patients About Preventive Services
• CMS: Beta Amyloid Positron Emission Tomography in Dementia and Neurodegenerative Disease
• GAO: Medical Countermeasure Development for Certain Serious or Life-Threatening Conditions
• Innovations from the Field: AAAs Work to Improve Diversity, Equity and Inclusion

Retirement and Financial News:

• Senators introduce bipartisan auto-portability bill
• Financial Advice I Would Give My Younger Self – Planning for Education Funding
• 5 savings mistakes people make when building their financial life
• Best Retirement Plans – Broken Down By Rankings
• Savvy Strategies for Your Health Savings Account
• How Rising Yields Affect Retirees
• 72(t) Don’ts

Estate Planning

• The cost of making a will vary significantly depending on the method you use to create it
• Power Of Attorney In Matters Involving Elderly Abuse & Alzheimer’s Patients
• Elder Care: Estate planning when you are on your own
• Marriage: When You’d Rather Not
• New Case: Brennen v. Leithauser (In re Gene L. Leithauser Trust) (Michigan Court of Appeals affirmed interpretation of trust finding settlor did not intend for deceased beneficiary’s spouse to reeive remaining trust distributions through distribution to his estate)
• PLR 202223003 (10 March 2022) and PLR 202223015 (17 March 2022) (Granting extension to file portability election)
• 5 Legal Documents Your 18-Year-Old Needs
• Wills and trusts: Choosing the tool that’s best for you
• Estate planning 101: the do’s and don’ts, what to expect to pay and what your options are
• Different Types Of Trusts In Estate Planning
• New Case: Estate of Livine v. Comm’r of Internal Revenue (Tax Court 2/28/2022) (split dollar insurance)
• Unequal Inheritances Often Equal Hurt Feelings
• How Decanting Thrives Despite Its “No Ruling List” Status

Legal News:

• New Case: Carroll v. Hill (6th Cir. 6/16/2022) (Affirms dismissal of challenge to Will probated 20 years previously after District Court dimssed case for lack of standing and under federal probate exception)
• What Is the Difference Between ‘Clinically’ and ‘Legally’?
• New Case: In re Von Greiff Estate (Mich. Supreme Court 6/10/2022) (Divorcing spouse was not willfully absent and was still surviving spouse for purposes of inheritance even though communication during 13 months prior to death of one spouse was driven by counsel)
• Chairmain’s mark of the Enhaning American Retirement Now (EARN) Act
• Center for the Study of Law & Religion (CSLR) Research Paper Series
• Florida’s new and improved ethics rule 4-1.14 is an important and much needed tool for lawyers representing clients with diminished capacity
• New Case: In re Estate of Knoblock (Mich. Ct. App. 4/21/2022 unpublished) (Ex-spouse not entitled to joint account mistaken still titled with rights of survivoroship since clear intent of divorce settlement was to divide marital resources; drafting error in divorce settlement construed against surviving ex-spouse since her lawyer drafted agreement and she was sole represented party)
• Rev. Proc. 2022-3 (updates list of issues on which IRS will not issue PLRs or determinations); amplified in Rev. Proc. 2022-28
• New Case: Estate of Wilson (Tenn. Ct. App. 6/20/2022) (Appeal in Will and Trust case dismissed because notie of appeal was not timely)
• New Case: Smith v. CommonSpirit Health (6th Cir. 6/21/2022) (ERISA plan did not meet fidicuary duty by offering mix of fund options; ERISA does not give federal courts broad license to second-guess investment decisions)
• New Case: CL SNF, LLC v. Fountain (Ga. Ct. App. 6/21/2022) (Reversing prior decision regarding nursing home arbitration agreement in light of Georgia Supreme Court’s decision in CL SNF, LLC v. Fountain, 312 Ga. 416). This case was previously reported in our Blog.

Not New, But Worth Remembering:

• State Bar of Georgia: Find a Lawyer Directory
• EzElderLaw Financial Toolbox
• 2022 SSI and Spousal Impoverishment Standards
• National Alzheimer’s and Dementia Resource Center

#ezelderlaw
#ezelderlawnewsroundup