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Nursing Home Debt and Third Party Liability Revisited
Dec 18, 2012My 12/20/2010 Blog set out law regarding the Nursing Home Reform Act. This law forbids a nursing home from billing a third party for care provided a resident. There is an exception to this rule, however. The Act permists a nursing home to require a person who has access to the resident's ...
Virginia Advance Directives
Oct 18, 2012     Recently, I learned that after a person (not my client)  had finalized his Advance Medical Directives, he had not discussed them with his family, distributed them to his agents or filed them in  the Virginia Online Registry.     His Medical Directives had specifically stated ...
What is a Guardian ad litem?
Aug 14, 2012Recently a client ask me what is the purpose of a Guardian ad litem. I was in the process of drafting a petition of guardianship for her adult disabled son and I had to explain that part of the court process was to appoint a Guardian ad litem in the case. My client naturally wanted to know what ...
Settlement of Disability Lawsuit in Virginia - What Does It Mean
Feb 17, 2012A settlement agreement has been reached between the U.S. Dept. of Justice (DOJ) and the Commonwealth of Virginia that requires the closing of a number of training centers and the issuance new ID and DD Waiver slots. The U.S. Dept of Justice brought suit against the Commonwealth based on the 1999 ...
AUTISM UPDATE
Oct 30, 2011When I arrived home smiling broadly after last year's Art's For Autism Gala my teenager did not forgive me for not taking her. This year I brought my daughter, Elizabeth. The fashion show, the models, the beautiful clothes were right up her alley. The autistic kids taking the stage to perform ...
GUARANTEED HEALTH COVERAGE
Oct 04, 2011Yesterday, those with a pre-existing condition, were out of luck when it came to health insurance. Today, there is a Pre-Existing Condition Insurance Plan (PCIP). PCIP is an alternative for those who have a pre-existing condition or have been denied coverage because of poor health. Government ...
Court Decides in Favor of Medicaid Waiver Applicant
Jul 30, 2011Recently, a disabled adult's mother came to my office with a question: What difference does it make when my son was diagnosed as Intellectually Disabled? He is, was and always will be disabled. Medicaid had ruled that her son had to be diagnosed as Intellectually Disabled before turning 18 ...
The Options Program at Paul VI
Jun 16, 2011Recently, I was appointed by the Court to represent two young adults with Down's Syndrome. The cases related to their parents' guardianship petitions. If the petitions were granted, their parents would be able to make decisions for these adult children even though they are chronologically adults. ...
A summer program for Autistic Children
May 10, 2011Many of my clients, parents of special needs children, are searching for summer programs for their sons and daughters. May I suggest Camp Shalom, a Fairfax camp for children with communications disorder such as high-functioning autism, Asperger's Syndrome and ADD/ADHD. The Camp's mission is ...
2011 Virgina Legislative Developments & Rights of Elderly & Disabled
Apr 30, 2011These laws were passed by the House & Senate and approved by the Governor: Guardianship - Virginia has now joined a growing number of states that have passed a Uniform Inter-jurisdictional Guardianship Act.  This law makes it much easier to transfer a guardianship from one state into ...
Commonwealth of Virginia's Compliance with the ADA
Mar 24, 2011The U.S Department of Justice sent a letter dated February 10, 2011 to Virginia Governor McDonnell which stated in part the following: "We have concluded that the Commonwealth fails to provide services to individuals with intellectual and developmental disabilities in the most integrated setting ...
Elder Law & Housing
Feb 27, 2011Virginia Lawyers Weekly published, on February 21, 2011, Vol. 25, No. 38 a supplement to its weekly news edition on Elder Law. The supplement was sponsored by the Virginia Academy of Elder Law Attorneys (VAELA) and listed every member in Virginia including Edward Zetlin Law. Also, in the ...
Two Types of Special Needs Trusts
Jan 17, 2011A Special Needs Trust, (SNT), allows a person to shelter assets in a trust to be used for a disabled person while still permitting that person to receive public benefits. There two types of Special Need Trusts: a First Party Trust also called 'pay-back trust' and a Third Party Trust. A ...
NURSING FACILITY DEBT & THIRD PARTY LIABILITY
Dec 20, 2010When a resident owes money to a nursing facility, can that facility collect from a third party? When nursing homes admit residents, sometimes they require non-resident third parties to sign on as guarantors. They do this intending to make third parties personally liable for debts owed if it ...
An Adult Disabled Child and SSI
Nov 27, 2010 Supplemental Security Income (SSI) makes monthly payment to people who have low income and few resources and are: Age 65 or older, Blind or Disabled Deeming Income and Resources to an Adult Disabled Child If a disabled a child is younger than 18, he or she may not be eligible for SSI ...
Upcoming Events for the Autism Society of Northern Virginia (ASNV)
Sep 27, 2010 I want to inform everyone about important upcoming events sponsored by ASNV. Wrightslaw One Day Conference – October 14, 2010 (8:00 a.m. – 5:00 p.m.) University of Mary Washington, Fredericksburg, VA 22401 Special Education attorney Pete Wright brings his expertise to lead a one-day ...
Frequently Called Numbers
Sep 20, 2010 Here are important numbers of resources for children with disabilities: The Arc of Northern Virginia 703-532-3214 www.thearcofnova.org Provides advocacy and direct services for families and children and adults, living with intellectual and developmental disabilities. Autism Society of ...
When is an In-Patient Not an In-Patient – Medicare and “Observational Status”
Sep 13, 2010Recently I saw an elderly client whose husband was admitted first to a hospital and then to a nursing home. Specifically, after a fall he was hospitalized for three days during which time he was examined, tested and treated. A hospital physician discharged him to the nursing home where he received ...
Virginia Medicaid Waiver – By Shorthand
Aug 18, 2010 Here is a concise listing of Virginia Medicaid Waiver programs. This is adapted from information available through the Autism Society of Northern Virginia (703-495-8444) www.asnv.org and from the Arc of Northern Virginia (703)532-3214 www.thearcofnova.org These are Medicaid covered programs ...
The Virginia Uniform Power of Attorney Act
Jun 25, 2010A Durable Power of Attorney (DPA) is an easy, private and legal way to appoint someone to manage your affairs if you become incapacitated. It is a document in which you, a Principal appoints an Agent, someone you trust, to act on your behalf. This document is durable since it endures. The Agent can ...
Virginia Medicaid Waiver – Need to Know
Jun 10, 2010Recently a client came to me in order to have a guardianship petition drawn up for her intellectually disabled son. She spoke to me of the stress inherent in living with her son. She was exhausted. His health problems required 24 hour monitoring, requiring her to stay awake at night. She was ...
Health Care Reform And Medicare
May 28, 2010Let’s begin by discussing Medicare. In particular let’s look at the changes under comprehensive health care reform signed by President Obama in March of this year. 1. First, the act provides a rebate of $250.00 to Medicare beneficiaries who reach the Part D coverage gap (the donut hole) in ...