Patient May Face Charges in Nursing Home Resident Death
Pennsylvania prosecutors have charged a 78-year-old dementia patient with assault and are weighing murder charges . . .
Read moreA class action filed 14 years ago by an elder law professor on behalf of thousands of New York nursing home residents who were defrauded by a state program has resulted in an $11 million settlement.
On December 28, 2006, the U.S. District Court for the Western District of New York approved creation of an $11 million fund as settlement of Conrad v. Perales, 92 F.Supp.2d 175 (W.D.N.Y. 2000), a suit begun in 1992 by University at Buffalo Law School professor Anthony Szczygiel on behalf of as many as 20,000 nursing home residents who were defrauded by having to pay Medicaid co-pays even though they were eligible for Medicare.
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"[T]he author of the fraud was a state program that (allowed for) the double billing and collection of funds of poor people," said lawyer Henry Killeen III of Killeen & Killeen, lead litigation counsel for the plaintiffs.
Killeen was referring to the Medicare Optimization Program (MOP II), created by the New York Department of Health in 1989. The program required nursing homes to bill both Medicaid and Medicare on behalf of residents. The homes ended up keeping the proceeds from whichever program paid higher benefits and sent the remaining benefits to the state. The problem is that federal law requires nursing homes to accept Medicare reimbursement in full satisfaction of covered services. Because Medicaid was being billed instead, nursing home residents whose care should have been covered in full by Medicare paid additional Medicaid co-pays.
Szczygiel, who in addition to being head of the university's elder law clinic is an attorney with Legal Services for the Elderly, Disabled or Disadvantaged of Western New York, discovered the double billing and filed suit, complaining that the state was not following federal requirements by making refunds to affected nursing home residents.
Most of the class members are now likely deceased. Reimbursements from the settlement will be determined according to a percentage of the illegally collected co-payments paid by each resident, which range from $100 to $5,000.
The case, Killeen said, has been Szczygiel's "world" for more than a decade. "He's given his professional career to this issue. He's been trying to make this right for a long time. It's been such a monumental effort." Szczygiel was not the only one who sacrificed. Killeen himself, along with his wife, borrowed money and withdrew retirement savings to fund the litigation.
For an article on the settlement in Buffalo Business First, click here.
For more background on the case by the Empire Justice Center, click here.
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Read moreIn addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.
READ MORETo be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.
READ MORESpouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.
READ MOREIn addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.
READ MORETo be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.
READ MORESpouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.
READ MORECareful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.
READ MOREIf steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.
READ MOREThere are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.
READ MORECareful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.
READ MOREIf steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.
READ MOREThere are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.
READ MOREMost states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.
READ MOREApplying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.
READ MOREMedicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.
READ MOREMost states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.
READ MOREApplying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.
READ MOREMedicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.
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READ MOREFind out how to choose a nursing home or assisted living facility, when to fight a discharge, the rights of nursing home residents, all about reverse mortgages, and more.
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READ MORELearn how a special needs trust can preserve assets for a person with disabilities without jeopardizing Medicaid and SSI, and how to plan for when caregivers are gone.
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