News & Analysis as of

Home Health Care Caregivers

Offit Kurman

Piloting Compassion in Caregiving with Jonathan Knaul

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In this episode of The Sandwich Generation Survival Guide, host Candace Dellacona welcomes Dr. Jonathan Knaul, a distinguished Royal Canadian Air Force pilot and commander, NATO mission leader, instructor at the National Test...more

Mandelbaum Barrett PC

Medicaid Final Agency Decision Reaffirms Criteria Necessary to Qualify for Caregiver Child Exception

Mandelbaum Barrett PC on

Certain Medicaid programs impose a transfer penalty on applicants who have transferred resources (assets) for less than fair market value within five (5) years preceding the Medicaid application. Simply stated, the transfer...more

Stotler Hayes Group, LLC

Balancing Lawyering and Caregiving in the Sandwich Generation: A Woman’s Perspective

Alzheimer’s. April 2023 (I’d dig out the exact date, but that would take even more time away from caretaking and lawyering).  That’s when my 76-year-old mother, my only remaining parent, who had been living alone 163 miles...more

McDermott Will & Schulte

CMS Announces New GUIDE Model for People Living with Dementia and Their Caregivers

The US Centers for Medicare & Medicaid Services (CMS) recently announced a new, voluntary and nationwide test model designed to support two rapidly growing demographic groups: people living with dementia, and their unpaid...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Court Finds In-Home Caregivers Were Employees, Not Independent Contractors, Under ‘Economic Realities/Control’ Test

Issues related to whether individuals are independent contractors or employees receive significant attention by employers and governmental entities because of the critical impact of misclassification. The U.S. Department of...more

Patrick Malone & Associates P.C. | DC Injury...

U.S. economy really feeling financial crunch of caregivers staying home

A glaring gap in the U.S. health care system - the giving of care at home - is burgeoning into a costly chasm.  Pretty much everybody involved needs to pay close attention and finally act to deal with the nation’s failure to...more

Fisher Phillips

The American Jobs Plan Invests Substantially in the Long-Forgotten Home-Care Industry – Money Welcomed by Both Employers and...

Fisher Phillips on

In response to an industry long in crisis before the pandemic, President Biden’s American Jobs Plan allocates substantial investment in the caregiving industry. The Plan aims to allocate $400 billion toward expanding access...more

Flaster Greenberg PC

National Caregiver’s Day: A Look at Elder Care in the Age of COVID-19

Flaster Greenberg PC on

It’s National Caregiver’s Day, and another year filled with countless and unimaginable changes has passed. This year especially, my heart goes out to caregivers and their loved ones everywhere! Even before the COVID-19...more

Flaster Greenberg PC

National Caregivers Day, February 21, 2020: An Expression of Appreciation

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These days, it seems that everywhere I turn, I find caregivers working with unselfish devotion to the people they serve. Caregiving can be formal (i.e., health care professionals working in the hospital, long-term care and...more

Flaster Greenberg PC

Support for New Jersey’s Unpaid Caregivers

Flaster Greenberg PC on

Caregiving, done well, can be the ultimate act of service and potentially a game-changer, enabling an elderly or functionally disabled individual to remain at home surrounded by their family, friends and happy memories. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Court of Appeal Finds That In-Home Caregivers May Be Employees of Placement Agencies

In Duffey v. Tender Heart Home Care Agency, LLC, the California Court of Appeal for the First District addressed whether an in-home caregiver was an independent contractor or employee. Reversing a trial court order dismissing...more

Chambliss, Bahner & Stophel, P.C.

All I Want for Christmas Is an Advocate

Are you a caregiver? If so, I understand your challenges and encourage you to keep up the good fight and to ensure your circle of support is surrounding you during this holiday season and beyond. If you are not a...more

Flaster Greenberg PC

Medicaid Caregiver Child Exemption Success Story in New Jersey: Home Saved & Nursing Home Paid

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Flaster Greenberg’s seasoned elder law attorney, Jane M. Fearn-Zimmer, obtained a landmark Medicaid Final Agency Decision for her elderly, ailing client and her family after a three-year long dispute with the New Jersey...more

Fisher Phillips

USDOL Field Bulletin Reiterates That Third-Party Structures Are Often A Mixed Bag

Fisher Phillips on

On July 13, 2018, the U.S. Department of Labor (USDOL) issued a Field Assistance Bulletin to its enforcement administrators addressing how to determine if and when a home health caregiver referred to a client by a “home...more

Chambliss, Bahner & Stophel, P.C.

New Law Mandates Creation of a National Plan to Support Caregivers

On January 22, 2018, President Trump signed a new bill into law aimed at addressing the challenges that the nation’s millions of family caregivers face....more

Lowndes

What Caregivers Can Do to Create a Dependable Bedtime Routine

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Adequate sleep is essential to good health. Unfortunately, sleep can be difficult for elderly people and their caretakers, particularly among elderly people who are disabled. Physical pain, emotional stress, or challenging...more

Snell & Wilmer

Protecting Vulnerable Adults While Protecting Their Physicians – A Proposed Statutory Amendment

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The Arizona Supreme Court’s recent decision in Delgado v. Manor Care of Tucson AZ, LLC, subjects health care providers to liability for ordinary negligence under the Adult Protective Services Act. This decision therefore...more

Searcy Denney Scarola Barnhart & Shipley

Elder Abuse: Caregivers are susceptible to the stress

Dealing with an aging parent brings about an emotional anguish that is as sad as it is stressful. Depending on the level of care a loved one requires – does he or she need help doing the laundry and preparing a meal or...more

Chambliss, Bahner & Stophel, P.C.

11 Questions to Ask a Potential Caregiver

If you've decided to hire a caregiver for a person with special needs, you'll need to interview the candidates. Here are eleven important questions to ask...more

King & Spalding

Publication of Home Health Prospective Payment System Final Rule

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On December 2, 2013, the Federal Register published CMS’s final rule regarding the home health prospective payment system (PPS) and home health quality reporting requirements. The final rule reduces payments under the PPS by...more

Greenberg Glusker LLP

Legislative and Other Developments Affecting California Employers in 2014

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This year has brought many significant changes that will impact all California employers. This annual report from Greenberg Glusker’s Employment Group summarizes some of the most important new federal and state legal...more

Littler

Challenges and Best Practices for Home Care Employers Following the Elimination of the Companionship Exemption

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In this Issue: - Introduction - History of the Companionship exemption - The New Regulations - Impact of the New Regulations - Challenges and Best practices for Home Care employers ...more

K&L Gates LLP

DOL Extends Minimum Wage and Overtime Protections under the Fair Labor Standards Act to Nearly Two Million Home Health Care...

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The United States Department of Labor issued a rule last month limiting the ability of home health care employers to claim the companionship exemption for their employees under the Fair Labor Standards Act, which is likely to...more

Troutman Pepper

Summary Of HUD’s LEAN 232 Program E-Mail Blast: Office Of Residential Care Facilities (ORCF), June 26, 2013

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In an effort to summarize the highlights of the U.S. Department of Housing and Urban Development (HUD) LEAN E-mail Blasts that we receive, and rarely have time to review in a timely fashion, we at Pepper are providing this...more

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