The U.S. Census Bureau is predicting that, by 2035, there will be more people over the age of 65 than children under the age of 18 in the United States. This would be the first time in United States history that the elderly has outnumbered children resulting from multiple ongoing trends, such as longer life spans among the elderly and declining birth rates among millennials. This means that the need for elder law attorneys, and other people who specifically deal with issues related to the elderly, will become more important than ever.
Although it may feel like the New York weather skipped the spring season, summer is right around the corner. And with that being said, people are flocking to the stores to purchase an air conditioner. When living in a rental apartment, one might be curious as to the landlord/tenant protections of putting in an air conditioner. Although New York has limited protections surrounding the use of air conditioners, there are some important things to know.
A group of Brooklyn residents are suing their landlords, claiming they are trying to force them out of their rent-regulated apartments so the landlords can illegally rent out the vacant residences through Airbnb. The New York Daily News reported that the landlords cut off their heat and hot water, constantly harassed them and allowed the units to deteriorate.
Continue reading “Brooklyn Apartment Residents Sue for Harassment, Illegal Airbnb Rentals”
On March 26, 2019, the New York Court of Appeals ruled that home health aides are not entitled to payment for sleep and a break even if they are working a 24-hour shift. The decision relied on an interpretation of the New York State Department of Labor’s (DOL) Miscellaneous Industries and Occupations Minimum Wage Order (Wage Order). Specifically, the issue in the case involved whether employers are required to pay each hour of a 24-hour shift; or if they are only required to pay 13 hours if the worker is given an 8 hour sleep break, in which they are given 5 interrupted hours of sleep, and three hours of meal break time.
Continue reading “New York Court of Appeals Makes Monumental Wage and Hour Decision Regarding Home Healthcare Workers”
Eladia Ciprian, an 80-year-old patient at St. Barnabas Rehabilitation and Continuing Care Center, will not have her case dismissed for the center’s failure to correctly diagnose and treat a hematoma in her right bicep. A Bronx County Supreme Court judge decided not to dismiss the case after the center claimed she made no proof of the nursing home’s neglect or deprivation of her rights.
Continue reading “Judge Decides Not to Dismiss Case Against Nursing Home”
The federal government passed the Achieving a Better Life Experience (ABLE) Act in December 2014. The ABLE Act allows the family of a disabled person to create a federal income-tax-free account to be used for the medical expenses of the disabled individual. This law was created under the same provisions of the tax code as 529 plans for college savings. According to Autism Speaks, the National Disability Institute estimates that there are 58 million individuals in the United States who have a qualified disability.
The use of arbitration clauses by companies in all aspects of daily living has spread immensely across the country. The United States Supreme Court has recently held that the use of arbitration clauses is fully enforceable, and nearly impossible to overturn. With that being said, the Centers for Medicare and Medicaid Services (CMS) has limited the use of these clauses by implementing a new rule that restricts any nursing home receiving federal funding from requiring residents to resolve disputes in arbitration rather than in court. While the rule does not forbid arbitration completely, it does restrict the use of pre-dispute binding arbitration agreements. The rule will take effect over all nursing home admissions agreements signed after November 28, 2016.
In partnership with Governor Andrew Cuomo’s Tenant Protection Unit, a subpoena was issued in 2014 to investigate Marolda Properties and different landlord companies concerning allegations of tenant harassment and business practices.
There are several types of Medicaid fraud, such as those who receive Medicaid fraudulently. Medicaid recipient fraud may include an applicant falsifying information on the application and certification failure to disclose information about income and assets owned, and the failure to disclose income earned by a spouse or other household member. Other activities that can be deemed as fraud are loaning another person their Medicaid identification card, changing or creating a falsified order or prescription, using more than one Medicaid identification card, deliberately receiving excess, duplicative or conflicting medical service and/or supplies, and selling Medicaid-provided supplies to others.
On June 27, the Supreme Court declined to review a ruling by the United States Court of Appeals for the Second Circuit, allowing the decision in the class-action lawsuit against the debt collection company Encore Capital Group Inc., Midland Funding and Midland Credit Management to stand.