In a long-awaited decision, the Oregon Supreme Court has struck down Medicaid repayment rules issued by the Department of Human Services in 2008. The court ruled that DHS did not have the legal authority to issue rules which would allow it to recover Medicaid payments from assets a Medicaid recipient transferred to his or her spouse up to five years prior to applying for Medicaid. The decision upholds a 2014 ruling from a lower court … Read more
Nov 10, 2016
We recently blogged about a new rule issued by The Center for Medicare and Medicaid Services (CMS) which restricts nursing homes that receive federal funds from imposing arbitration agreements on their new residents. This new rule (Rule) was scheduled to take effect on November 28, 2016. It would prevent such facilities from requiring that their new residents sign pre-dispute arbitration agreements as a condition of entry to the facility. CMS believed the Rule was needed … Read more
Oct 27, 2016
More than 1.4 million Americans reside in one of the more than 15,000 long-term care (LTC) facilities in the U.S. Late last month, the Centers for Medicare and Medicaid Services (CMS), the federal agency responsible for those federal programs, issued new rules affecting LTC facilities which participate in Medicare or Medicaid. Included among these new rules is a prohibition against pre-dispute arbitration provisions.
Up until now, most LTC facilities required their residents to sign contracts … Read more
Jun 13, 2016
Congress often delegates its legislative authority to administrative agencies which exercise that authority to revise, interpret and define legislation. The increasing volume of such administration has caused one federal circuit court to note that even the government agencies were apparently incapable of knowing what their own “law” is.
One recent case the appellate court panel noted took the court,
“. . . to a strange world where the government itself – the very ‘expert’ agency … Read more
Aug 17, 2015
“…I have always found that plans are useless, but planning is indispensable.”
For most of us life rarely works out according to a plan. As an old proverb states, “man plans, God laughs”. We still make plans for future events which matter to us because experience teaches us that it makes sense to do so and because we anticipate, or at least hope, that planning will lengthen the odds of a successful or … Read more