By Charles P. Golbert, Esq. It is my privilege to introduce the Fall 2012 issue of NAELA Journal.
By Elizabeth P. Allen, Esq.; Wendy Cappelletto, Esq.; and Shana Siegel, CELA The Medicaid Program was created at the same time as Medicare, as part of President Lyndon B. Johnson's "Great Society."
By Aaron D. Frishman, Esq. A “Medicare Set-Aside,” also known as an MSA” or sometimes a “Medical Set-Aside,” is a legal tool that has grown more popular among Elder and Special Needs Law attorneys since its inception in the mid-1990s.
By Diana Anderson, CELA Advance health care directives are recognized in all 50 states and the District of Columbia, but each state’s law is different and there are surprising differences in how and when each state implements its version of the advance health care directive
By Susan P. Shapiro, PhD One of the more controversial elements of the debate over health care reform in the United States concerned a rather benign proposal to compensate physicians for conversations held at most once every five years, if requested by Medicare patients, abo
By Ron M. Landsman, Esq., CAP In Lewis v. Alexander, the U.S. Court of Appeals for the Third Circuit affirmed a district court decision striking down a Pennsylvania statute that severely restricted the use of pooled special needs trust (PSNT) accounts and limited trust retention
By David L. McGuffey, CELA Approximately 15,700 nursing homes receive payments from Medicare and/or Medicaid. Most, it is presumed, provide good care.
By Ron M. Landsman, Esq., CAP In a case note in 8 NAELA Journal 1 (2012), NAELA Journal reported on the decision against plaintiffs in Special Needs Trust for K.C.S. v. Folkemer, which misapplied the unanimous Supreme Court decision in Ahlborn.
By Carol Cioe Klyman, Esq. Effective argument can destroy relationships. Power coalitions within a family can result in battles won and wars lost.
By E. Spencer Bates, Esq. This book provides a unique insight into what is arguably the basis of modern Elder Law.