On August 21, 2018, Guildnet CEO, Alan R. Morse, notified employees that the company will be closing its doors as of December 1, 2018, leaving New Yorkers in need of managed long-term care (MLTC) services at a disadvantage. The Guildnet program was designed to offer therapeutic/medical care, home healthcare services, case management, and medical equipment to those who qualify and will be in need of the provided services for a minimum of 120 days. Guildnet announced that by January 1st of 2019, all medical services to their 8,211 managed long-term care members will be terminated. United Healthcare, who until recently offered a partial MLTC plan, will also be pulling out of several counties in up-state New York by February of 2019, affecting nearly 1,500 enrollees who are said to be notified of these changes by November.
Guildnet’s managed long-term care members will be given a 90-day grace period to enroll in a new plan. Members who fail to switch care programs before the deadline will be automatically assigned to a care plan. After enrolling in a new plan, Guildnet members will be able to switch their plan within 120 days should their new plan be deemed insufficient. The new care plan must honor the same service plan that the former Guildnet member received in the past and allow members to be seen by the same providers unless otherwise agreed to. The new care plan must perform a comprehensive care evaluation.
The void left by Guildnet and other MLTC providers leaving can bring about uncertainty about the continuity of home care services. If you or a loved one has been affected by the closing of Guildnet or the disruption of service from another MLTC association, it is imperative that you contact an experienced New York Medicaid and elder law attorney, who can guide you through the process. The attorneys at Hobson-Williams, P.C. are dedicated to representing clients with diligence and compassion. For an initial consultation, contact the New York Medicaid attorneys at Hobson-Williams, P.C. by calling 866-825-1LAW.
New York State Senator Michael Gianaris and New York State Assemblyman Brian Barnwell have introduced legislation that would do away with Major Capital Improvements (MCI) for apartments in an effort to protect tenants’ rights. According to an article from Crain’s New York Business, the MCI program began in the 1970’s which allowed landlords to make capital improvements to their buildings and pass the costs onto the tenants by raising their rents.
Continue reading “Eliminating Major Capital Improvements”
Landlord-tenant disputes can occur for numerous reasons with the most common issues arising due to the non-payment of rent.
According to the New York State Attorney General, the rental units are described as follows:
- Regulated Housing (rent controlled and rent stabilized);
- Unregulated Housing (private ownership);
- Special Housing (mobile homes, residential hotels, lofts); and
- Government-Financed Housing (section 8, public housing).
Continue reading “Understanding Rental Increases”
Many wonder about the overall safety and well-being of their loved ones after admittance to a long-term care facility. This puts added pressure on the family should the facility be found insufficient. To better understand the risk factors involved with assisted living and nursing facilities, the care experts at HelpGuide.org have categorized elder abuse in the following ways:
- Sexual Abuse;
- Physical Abuse;
- Financial Exploitation;
- Elder Neglect; and
- Emotional Abuse.
Continue reading “Nursing Home Concerns: Identifying Elder Abuse”
As the seasons begin to turn, it is important to stress the need to have your advanced directives in place. Advanced directives include:
- A health care proxy;
- Health Insurance Portability and Accountability Act (HIPAA) release form;
- A living will; and
- Power of attorney.
Continue reading “Importance of Advanced Directives”
Applying for Medicaid or any other government benefits can be challenging. If an application for Medicaid or other government benefits is denied, it is important to understand that you have the right to appeal the denial to the State in an administrative proceeding called a Fair Hearing. (NOTE_- You must also request an internal appeal of an adverse decision with your healthcare provider in addition to requesting a NYS Fair Hearing)
Continue reading “Fair Hearings – Medicaid”
When Aretha Franklin died on August 16, 2018, she left behind a litany of musical memories for her fans. But one thing she forgot to leave behind was a Will.
Variety reported that the “Queen of Soul” — who died at the age of 76 of pancreatic cancer — had no Will designating who will benefit from her estate. In her home state of Michigan, if an unmarried person with children dies intestate, each surviving child receives an equal amount of the decedent’s assets. In this case, Ms. Franklin’s four sons filed documents in court listing themselves as interested parties and acknowledged the absence of a Will, while their cousin requested to be the personal representative of Ms. Franklin’s estate.
Continue reading ““Queen of Soul” Leaves Behind a Legacy, But No Will”
Medicaid is a joint federal and state public assistance program that provides health insurance to low-income Americans, regardless of age, and is based on financial need and hardship. This program is publicly funded through taxes that are collected from each working individual.
Continue reading “Determining Medicaid Eligibility”
Eviction Isn’t Easy:
Navigating the Termination of Lease and Eviction Process
Evicting a tenant usually isn’t on your everyday “to-do” list. Unfortunately, while renting out space to another individual, conflicts may arise. According to landlordology.com, the top five common reasons for eviction are:
- Nonpayment of rent;
- Lease violation(s);
- Property damage;
- Illegal or drug-related activity; and
- Expiration of a lease.
Continue reading “Navigating the Termination of Lease and Eviction Process”
Choosing the Right Business Entity Part II: Corporations and LLCs
Starting a business can be difficult; determining how to set up your business can be even more difficult. When planning to start a business, it is important to keep in mind if you’d like to enter into a venture with another person or if you’d like to start solo. The two most basic types of business, sole proprietorships, and partnerships were discussed in Part I of this article. In this part, we will discuss a type of business that you can start as an individual or with multiple owners and/or investors, namely corporations and Limited Liability Companies.
Continue reading “Part II: Corporations and LLCs”