Elder Law

Supreme Court to decide if church-affiliated pension plans are subject to ERISA

The U.S. Supreme Court on Friday accepted and consolidated three cases that consider whether pension plans operated by church-affiliated groups are subject to the Employee Retirement Income Security Act. At issue is whether the pension plans operated by three Christian-affiliated hospital systems are exempted from federal regulation because of ERISA’s…

Dec 5, 2016 8:30 AM CST

Judge blocks federal rule that would ban arbitration in nursing home disputes

The implementation of a new rule prohibiting federal funds for nursing homes that enter binding arbitration agreements with residents has been blocked by a U.S. district court judge, who found that the Centers for Medicare & Medicaid Services (CMS) did not have authority to enact the mandate without statutory authority.…

Nov 7, 2016 4:20 PM CST

Federal rule barring forced arbitration of nursing home disputes is likely to be challenged

A new rule that bars nursing homes that receive federal funds from forcing disputes into arbitration is likely to be challenged, according to lawyers involved in litigation over patient care. The Centers for Medicare & Medicaid Services issued the rule on Wednesday, report NPR and the New York Times. The…

Oct 3, 2016 7:50 AM CDT

Law firm helps social workers stay up to date with continuing education classes

Untangling bad legal advice, especially when it’s given by someone who isn’t a lawyer, is a difficult task, particularly if the faulty information comes from a person the client trusts, such as a social worker.

Oct 1, 2016 2:20 AM CDT

Can mentally incompetent man obtain a divorce? Kentucky Supreme Court to decide

The Kentucky Supreme Court on Friday considered whether any elderly man who has been declared incompetent can divorce the woman who is serving as his guardian. The lawyer for Elmer Riehle is asking the state supreme court to overturn a 1943 decision finding that state law did not authorize a…

Aug 22, 2016 8:45 AM CDT

Fines against unsafe nursing homes are considered a slap on the wrist

Nursing home regulatory systems are structured around administrative fines—fines that are reduced so routinely that they have become widely considered a cost of doing business rather than an incentive to provide quality care. Read this ABA Journal feature recently honored by the American Society of Business Publication Editors.

Aug 1, 2016 4:25 AM CDT

Lawsuits fail to bring improvements to nursing homes

While state fines do little to bring meaningful change to the nursing home industry, litigation against the homes doesn’t help spark improvements, either.

Aug 1, 2016 4:20 AM CDT

Feds announce $2M in grants for elder crime victims

The federal government announced $2 million in grants for elder crime victims on Tuesday, as part of a broader $50 million initiative by the Obama administration, private companies and foundations to empower women and girls. A Department of Justice news release announced the $2 million in grants, which will provide…

Jun 15, 2016 10:35 AM CDT

ABA says the reauthorized Older Americans Act will give nation’s seniors a stronger safety net

A bipartisan effort paid off this spring when Congress reauthorized the Older Americans Act of 1965. The action means that the act will more effectively respond to the needs of a population of seniors that is both growing in numbers and becoming increasingly independent.

Jun 1, 2016 12:50 AM CDT

Legal aid group adds representation for people facing guardianships, finds evidence of overbilling

A lawyer hired by the Legal Aid Center of Southern Nevada to represent clients facing guardianship proceedings says she has found evidence of overbilling by guardians. Lawyer Christine Miller was hired after the center began receiving phone calls from people seeking help in guardianship court, the Las Vegas Review-Journal reports.…

May 25, 2016 12:35 PM CDT

Nursing homes increasingly eject residents; are they following the law?

Nursing homes are increasingly ousting residents, often expelling patients who are considered undesirable because they require more care or because their families complain more often, according to elder advocates. Federal law restricts the reasons that nursing homes can evict residents, but advocates say the nursing homes sometimes bend the rules,…

May 10, 2016 6:15 AM CDT

Man rejected by just one of 11 law schools files age-bias suit

A 68-year-old man who applied to 11 law schools over the past few years has filed an age-bias suit against the single school that rejected him: the UConn School of Law. Geoffrey Akers’ lawsuit, filed last year, says he should have been accepted because of his above-average LSAT scores, his…

Apr 14, 2016 7:18 AM CDT

Judge orders eviction of 100-year-old woman for causing commotion

A judge in Riverside County, California, evicted a 100-year-old woman from her Palm Springs apartment on Friday based on a request from her landlord, who sought her ouster because of alleged loud arguments and “deplorable conditions” in her apartment. The woman, Evelyn Heller, defended herself, the Desert Sun reports. She…

Apr 5, 2016 8:08 AM CDT

Judge OKs first ‘assisted death,’ with help of physician, in Canada

For the first time in Canadian history, a judge has OK’d a plan for physicians to provide an “assisted death” to a patient, in this case a retired psychologist suffering from ALS. The unidentified woman made her case last week in a private, in camera hearing before an Alberta Court…

Mar 1, 2016 4:05 PM CST

Jury deadlocks in case against lawyer accused of neglect causing his dad’s death

A jury has deadlocked in the case of a suburban Philadelphia lawyer accused of causing his father’s death by moving the elderly man to his home, using some of his father’s pension income for his own benefit and withholding needed care. After nine hours of deliberation ended in an impasse…

Feb 26, 2016 2:35 PM CST