Elder Law and Special Needs Law News Roundup – 9-16-2022

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.

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General News Sources and Top News:

Caregiving News:

• Webinar: Innovations in Alzheimer’s Disease and Related Dementias Caregiver Support Programs
• The Quiet Cost of Family Caregiving
• Caregiver Needed: How the Nation’s Workforce Shortages Make It Harder to Age Well at Home
• Management of Financial Assets by Older Adults With and Without Dementia or Other Cognitive Impairments

Consumer Protection, Scams, Abuse:

• Atlanta Woman Convicted for Neglect and Exploitation of the Disabled and Elderly
• ADvancing States’ National I&R Support Center Releases Disaster Preparedness and Emergency Response Profiles
• ACL announces new grants to legal aid programs in Oklahoma, Iowa and Montanta

Health and Healthcare Related News:

• Scholarly Articles, Week of September 16, 2022
• Hospitals Divert Primary Care Patients to Health Center ‘Look-Alikes’ to Boost Finances
• Many Preventive Medical Services Cost Patients Nothing. Will a Texas Court Decision Change That? | Decision
• Repeat Blood Donation Won’t Harm Your Health
• A Valuable New Framework For Improving The Care Of Older Adults
• Assisted Living Will Become Financially Out of Reach for Many Middle-Class Americans
• Hip fractures will nearly double worldwide by 2050; researchers cite urgent need for better prevention and care, especially for men and the very old
• How Many Steps a Day (and How Fast) to Lengthen Your Life?
• Exercising as you age
• Shine a light on fall prevention

Social Security, Medicare, Medicaid and VA Benefits:

• New case: U.S. v. Hyman (E.D. N.Y. 16-cv-5363, 9/9/2022) (Cross motions for summary judgment denied in Medicare/Medicaid False Claims Act case)
• New case: Holmes v. Health (S.D. N.Y. 1:22-CV-6683 (9/8/2022) (pro se litigant brought section 1983 claim for alleged denial of due process of law; dismissed because no facts were alleged that he pursued any state-law remedies)
• Social Security adds safety protocols to protect people facing long wait times in adverse conditions
• Medicare cuts to home health care are coming unless Congress acts
• Montana Health Department Seeks to Ax Board That Hears Public Assistance Appeals
• House Passes Medicare Advantage Reform Bill; It Now Heads To Senate
• Florida pushes back on Medicaid class action suit over incontinence supplies
• Webinar: Receiving Social Security Benefits While You Work: What you need to know, 9/28/2022, 3pm-4:30pm ET
• New case: Hannah v. SSA (N.D. Ala. Case No. 6:21-cv-00938-HNJ 9/14/2022) (reversing and remanding ALJ’s denial of SSDI where the ALJ failed to consider the Disability Benefits Questionnaires from the Veterans Administration)
• New case: Nored v. Tenn. Dep’t of Intell. & Developmental Disabilities (6th Cir. 22a0369n.06 9/9/2022) (Department did not fail to provide for making medical assistance available to a son or to furnish it with reasonable promptness in light of parents’ repeated refusal to make non-medical concessions to otherwise qualified, willing providers, coupled with their refusal to allow a DIDD-approved provider to service the son, supported the finding DIDD was not responsible for failing to locate a willing, qualified provider)

Special Needs News:

• Webinar: Using the Reasonable Accommodation Process to Protect Older Tenants Living with Disabilities, Part 1, 9/16/2022, 10am-11:15; Part 2, 9/30/22, 10-11:15
• Webinar: Engagement in the Early Intervention Program Planning Process for Parents and Professionals, 9/20/2022 at 1pm ET
• California Governor Signs Law Enabling Some Forced Mental Health Care
• How to Use Live Captions on an iPhone
• K Steckbeck, Column: Estate Planning and the Disabled Child, 66 Res Gestae 16 (September 2022)

Government Sources:

• VA: Homelessness: VA Provides Support to the Most Vulnerable Women Veterans and Has Taken Steps to Improve Services
• CMS: Are You a HIPAA Covered Entity Tool
• Falls Prevention Awareness Week Promotion Toolkit
• IRS to begin digitizing records to move from a paper environment to an electronic record environment
• Census: The Number of People Primarily Working From Home Tripled Between 2019 and 2021
• CMS: Medicare Telehealth Trends
• Census: Decline in Share of People Without Health Insurance Driven by Increase in Public Coverage in 36 States
• GAO: COVID-19 in Nursing Homes: CMS Needs to Continue to Strengthen Oversight of Infection Prevention and Control
• GAO: Veteran Suicide: VA Efforts to Identify Veterans at Risk through Analysis of Health Record Information

Retirement and Financial News:

• Help clients make 3 critical shifts in retirement
• Should This Client Claim Social Security Before 70?
• Investing for Retirement Income Is Different – Rethink 60/40 Rule
• Preventing Marriage or Divorce From Derailing Careful Estate Planning

Estate Planning

• PLR 202229017 (Tax implication of judicial modification of trust)
• Will Your Kids Inherit a Tax Bomb from You?
• Deferred compensation deduction and the sale of a business
• New case: Chambers v. Edwards (Ga. Ct. App. A22A0775 9/12/2022) (Claim of tortious interference with inheritance not allowed after plaintiff took his inheritance with full knowledge of facts regarding conduct prior to his mother’s death)

Legal News:

• New case: West v. Bowser (Ga. Ct. App. 8/19/2022) (Affirming order compelling arbitration in light of Fountain II)
• New case: Baker, Donelson, Bearman, Caldwell & Berkowitz v. Chopin (11th Cir. 9/7/2022, unpublished) (dismissing attorney’s fee claim against guardian for lack of jurisdiction under probate exception to diversity jurisdiction)
• Tax Changes from Inflation Reduction Act of 2022 (Subscription required)
• U.S. v. Shkreli (2nd Cir. 8/24/2022) (authorizing IRS to garnish 401(k))
• ‘Enough Work For Everybody’: Health Care Clients Driving Demand for Southeast Law Firms (Subscription required)

New and Updated Pages:

• Has Georgia Abolished Irrevocable Trusts?

Interesting, But Not Elder Law:

• Microneedling Can Help Surgical Scars Fade, Especially If Done Early
• What’s New in the iPhone 14 and iPhone 14 Pro: 7 Big Changes
• How the iPhone 14 Could Save Your Life in a Car Crash
• Companies Are Not Your Friend
• Car Accident Statitics in the United States

Not New, But Worth Remembering:

• State Bar of Georgia: Find a Lawyer Directory
• EzElderLaw Financial Toolbox
• 2022 SSI and Spousal Impoverishment Standards
• Blogs and websites we follow

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