Medicare Wants the Power to Ban Certain Doctors

While the main focus of Medicare has historically been to provide affordable and accessible medications to seniors, its focus has recently changed. Early this January, The U.S. Centers for Medicare and Medicaid Services (CMS) announced a proposed rule that would bring significant changes to the federal agencies.

The most notable change offered by the proposal is the agency’s new authority to kick out physicians and other providers who engage in abusive prescribing. It could also take such action if providers’ licenses have been suspended or revoked by state regulators or if they were restricted from prescribing painkillers and other controlled substances.

Additionally, the agency will tighten a loophole that has allowed doctors to prescribe to patients in the drug program (known as Part D) even when they were not officially enrolled with Medicare. Under the new rules, doctors and other providers must formally enroll if they want to write prescriptions to the 36 million people in Part D. This requires them to verify their credentials and disclose professional discipline and criminal history. Continue reading “Medicare Wants the Power to Ban Certain Doctors”

Top Ten Estate Reasons Real Estate Closings Get Adjourned

#10-     An executor or administrator gives a power of attorney to a third party. Fiduciaries cannot delegate their authority.

#9-       The Seller does not come to closing with certified funds for transfer taxes.  Most Title companies will not take a personal check for transfer taxes unless authorized prior to closing.

#8-       The Buyer unaware that the bank deducts closing costs from mortgage proceeds and fails to bring certified funds to make up the difference.

#7-       The Executor of a Will that was not probated arrives at closing without Letters Testamentary.

#6-       A Religious Corporation arrives at closing without a Supreme Court order authorizing the sale.

#5-       The Seller arrives at closing with a payoff letter showing legal fees due. Seller may be in default on mortgage and must be in compliance with Home Equity Theft Protection Act.

#4-       A child of the deceased owner who lives in the house arrives at closing to execute the deed without an Administrator or an Affidavit of Heirship.

#3-       A seller with a docketed judgment that was discharged in bankruptcy believes he can sell the property free of that judgment.

#2-       Only one Executor shows up to the closing when Letters Testamentary where issued to two executors.

The Number 1 Reason is: Will names a specific person to receive the property but the Executor attends the closing to execute the deed.

 

*Make sure your Estate Attorney and Real Estate Attorney are knowledgeable about the relationship between estate matters and the purchase and sale of property.  Contact Attorney Tanya Hobson-Williams at (718) 210-4744 for more information.

Certified Home Health Agencies not permitted to reduce hours previously authorized without due process

On April 8th  and 15th, 2011,  the State Commissioner of Health sent all CHHA administrators two directives reminding them that state law  does not allow CHHAs to reduce home health aide services that were previously authorized, without doctor’s orders and notice and hearing rights.  Similarly, if a CHHA client is hospitalized, or in temporary short-term rehabilitation, these changes do not allow the CHHA to abandon them — the CHHA must reinstate the same home health services after the hospital or rehab stay is over, if the client continues to need the services as prescribed by his/her treating physician.

Testimonials

“I want to take this time to thank Tanya and Keith for their professionalism and their ability to keep me calm during this process. Tanya was very helpful in explaining the whole guardianship process and my next steps. Despite my numerous emails, I never felt ignored or that they were growing weary of me. Even after being granted guardianship when I had an issue with the bank releasing money Tanya stayed calm and found a way to get what I was entitled to. I hope I never need to do this again but if I do, I will definitely come back to Tanya and her team. Thank you Thank you Thank you. Love from Bermuda.”

-K. Durham.
(An attorney in Bermuda transferring a Bermudian guardianship to NY)

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