Finding the Law

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 or talk, and she is fed through a tube in her stomach. […]

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. § […]

Sometime people want to avoid the expense of paying an attorney and they try DIY (do it yourself) fixes. Recently I met with someone trying to protect property. This person when to the clerk of Superior Court’s office and, after discussing what they wanted, took a fill-in-the-blank deed form offered by the clerk. Using that […]

Medicaid’s “Any Circumstance” Test for Trusts In case you missed the memo, Medicaid doesn’t like trusts. The rules relating to trusts you create with your money or property are found at 42 U.S.C. § 1396p(d). To put this discussion in context, we’ll begin with the sections relevant to the “any circumstances” test, but the full […]

In ____ v. Brock, Judge Schwall, Fulton County Superior Court), affirmed an administrative law judge’s Final Decision as supported by the administrative record. Here, the most interesting portion is the language discussing how a Superior Court reviews the appeal of an ALJ decision. The case began when DHS found suspicious transactions on a food stamp […]

On May 14, 2024, the Georgia Supreme Court entered an Order in The Matter of James W. Davis, III, disbarring him from the practice of law. Mr. Davis, who was listed in Martindale.com as practicing elder law, estate planning, Wills and other areas, was accused of intercepting more than $3 million intended for his client […]

During the 2024 legislative session, HB 1247 morphed into SB 420, which passed both houses and was signed by the governor.  The new law creates a new Chapter 17 within Georgia’s Title 44 and authorizes the creation of transfer on death deeds. Previously, these deeds, commonly known as Lady Bird Deeds (although technically different), were […]

In Farmer v. Farmer (decided March 15, 2024), the Georgia Court of Appeals reversed the trial court’s grant of summary judgment in favor of a land owner, finding that his aunt could present her claim to a jury that a life estate was given to her. The ordinary rule is that contracts involving land must […]

On April 22, 2024, the Centers for Medicare and Medicaid Services announced a new final rule requiring minimum staffing levels in nursing homes. The new rule applies to all nursing homes that receive funds from Medicare or Medicaid. Nursing homes must provide at least 3.48 hours of care per resident per day. This consists of […]