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Ignoring Medicare Set-Asides Puts Coverage at Risk

By Pi-Yi G. Mayo, CELA & Bryn Poland, Esq. When a personal injury suit is being settled, one often overlooked step is the creation of a "Medicare Set-Aside (MSA)," money earmarked for future injury-related costs that would otherwise be covered by Medicare. The confusion arises because CMS (The Centers for Medicare and Medicaid Services) has [...]

2024-12-10T09:25:27-05:00

Telephone Scams Preying on Vulnerable Adults

This installment of the Voice was written by H. Amos Goodall, Jr., CELA of the State College, Pennsylvania law firm Goodall & Yurchak, P.C. His practice emphasizes estate planning and implementation for elders, persons with special needs and their families. A member of the Special Needs Alliance and the National Academy of Elder Law Attorneys, Amos is also a Fellow of the American College of Trusts and Estates Counsel. Amos wrote this article in consultation with Officer Kelly Aston of the State College Bureau of Police Services, State College, Pennsylvania.

2024-12-12T10:54:33-05:00

Back-to-School Tips for Children with Special Needs

By Tara Anne Pleat, Esq. As a new school year approaches, nerves often take center stage for many families who have children with special needs. Parents and children alike worry about teachers, the other children, homework, lunchtime and much, much more. Get Ahead of the Curve Before classes begin make arrangements to take your child [...]

2024-12-10T09:27:16-05:00

Siblings Don’t Always Make the Best Trustees

By Robert B. Fleming, CELA As the parent of a child with disabilities, you may already know that you have to establish a trust to handle any inheritance you leave for your son or daughter. But do you know the most important question? Selecting your trustee is at least as critical as getting the trust [...]

2024-12-10T09:29:43-05:00Tags: |

Roundup: Supported Decision-Making/Bullying/Pre-Dementia Planning

SNA attorneys have ongoing involvement with a wide array of issues faced by individuals with disabilities, their families and the professionals who serve them. Below is a sampling of posts from member blogs and newsletters. Supported Decision-Making: A Model Alternative to Guardianship? Supported decision-making is an approach to enabling individuals with intellectual and developmental disabilities to control the [...]

2021-07-20T16:07:02-04:00

Justice Department Upholds Rights of Seniors with Disabilities

It was in 2011 that individuals living at Harbor's Edge, a continuing care retirement community (CCRC) in Norfolk, asked a Special Needs Alliance member attorney to file a discrimination suit on their behalf. The facility was in violation of the Americans with Disabilities Act and Fair Housing Act, having barred residents of its assisted living [...]

2024-12-10T09:31:35-05:00

Justice Department Upholds Rights of Seniors with Disabilities

It was in 2011 that individuals living at Harbor's Edge, a continuing care retirement community (CCRC) in Norfolk, asked a Special Needs Alliance member attorney to file a discrimination suit on their behalf. The facility was in violation of the Americans with Disabilities Act and Fair Housing Act, having barred residents of its assisted living [...]

2022-05-18T11:31:15-04:00

Americans with Disabilities Act Turns 25

By Emily A. Donaldson, CELA This year marks the 25th anniversary of the Americans with Disabilities Act (ADA), landmark legislation likened in scope to the Civil Rights Act of 1964. With its passage in July 1990, discrimination based on disabilities was banned in employment, public accommodations, telecommunications and government programs. Sponsored by recently retired Senator [...]

2024-12-10T09:33:26-05:00

Having Your Say: What if Advance Directives Are Ignored?

By Professor Kim Dayton Making medical and financial choices for an aging parent or other adult with special needs can be stressful. Health care directives and financial powers of attorney are meant to establish an agent's decision-making authority, but in practice, it doesn't always work that way. Time and again, health care professionals ignore medical [...]

2025-06-03T05:01:12-04:00

Making the Most of Summer Vacation

Who doesn't love summer vacation? But when a child has special needs, all that free time brings challenges. Youngsters who thrive on routine can find schedule changes disorienting. Some may become socially isolated without classes to attend. And, of course, if their life skills and academic work aren't being consistently reinforced, months of hard-won progress [...]

2024-12-10T09:39:41-05:00

Medicare Observation Status: Denying Medicare Coverage for Skilled Nursing Home Care

There is an increasing trend to admit Medicare beneficiaries for "observation" as outpatients rather than admitting them as regular hospital patients. This practice may prevent patients from obtaining proper inpatient and post-hospital care under Medicare. Since many individuals with disabilities depend on Medicare as their primary health insurance coverage, this practice can have a serious [...]

2024-12-12T11:24:38-05:00

Attorneys Use Technology to Better Serve Clients

By Robert B. Fleming, CELA & Dennis S. Voorhees, CELA Technology is reshaping home and workplace--and law offices are no exception. Software, cloud computing and mobile devices have introduced convenience and efficiencies that benefit families with special needs. Assistive Technology Technical advances are making it easier to communicate directly with clients who are nonverbal. One [...]

2024-12-10T09:41:10-05:00