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Headlines

Lawmakers Push to Link Veterans' COLA with Social Security
February 29, 2016
Veterans always get the same annual cost-of-living increase as Social Security recipients. But there’s no guarantee that will continue.
Full Story.

Federal Proposal Calls for Disability Hiring Quota
February 26, 2016
Under a new proposal, the federal government would be required to take sweeping steps to utilize affirmative action to increase the number of workers with disabilities in its ranks.
Full Story.

Nursing Home Evictions Strand the Disabled in Costly Hospitals
February 25, 2016
What if you had to go to the hospital, and when it came time to return home your landlord said you couldn't move back in? Across the country, thousands of nursing home residents face that situation every year. In most cases, it's a violation of federal regulations. But those rules are rarely enforced by the states.
Full Story.

CMS Ramping Up Site Visits, Data Monitoring to Combat Medicare Fraud
February 24, 2016
The Centers for Medicare & Medicaid Services are beefing up their efforts against Medicare fraud with increased provider site visits, the agency announced Monday.
Full Story.

Pivotal Nursing Home Suit Raises a Simple Question: Who Signed the Contract?
February 23, 2016
Arbitration clauses have proliferated over the last 10 years as companies have added them to tens of millions of contracts for things as diverse as cellphone service, credit cards and student loans. Nursing homes in particular have embraced the clauses, which are often buried in complex contracts that are difficult to navigate, especially for elderly people with dwindling mental acuity or their relatives, who can be emotionally vulnerable when admitting a parent to a home.
Full Story.

Schools Doing Little to Ease Special Ed Paperwork Burden
February 22, 2016
Efforts to limit the administrative burden schools face in serving students in special education have been met with little enthusiasm, a federal investigation finds.
Full Story.

To Treat or Not? Question Looms for Elderly and Sick
February 19, 2016
When Augusta Thomas was diagnosed with leukemia at age 82, doctors presented a life-or-death choice: chemotherapy or comfort measures.
Full Story.

Why Won’t Medicare Cover Dental, Hearing or Vision Expenses?
February 18, 2016
Journalist Philip Moeller, who writes widely on health and retirement, is here to provide the Medicare answers you need in “Ask Phil, the Medicare Maven.”
Full Story.

Workplace Disability Discrimination Claims at Record High
February 17, 2016
Complaints of disability-based job discrimination are on the rise, hitting an all-time high, federal officials say.
Full Story.

Federal Panel Rejects Universal Autism Screening
February 16, 2016
In a move that could have broad implications, an influential government task force says that evidence is insufficient to recommend that all children be screened for autism.
Full Story.

Updates

NAELA Urges Participation in “Seniors Decide 2016” on February 17
The Leadership Council of Aging Organizations (LCAO) will sponsor “Seniors Decide 2016” on Wednesday, February 17, at 1:00pm ET, in Arlington, Va. The live forum was developed to provide a fair and unbiased platform for sharing the views of candidates for President of the United States on policies and programs affecting older Americans. See press release. (February 16, 2016)

NAELA Announces 2016-2017 Board of Directors

The NAELA Board welcomes four new members and several returning members to NAELA leadership. See press release. (February 12, 2016)

NAELA Applauds Increased Funding of Elder Justice Act

NAELA), a founding member of the Elder Justice Coalition, was pleased to see a doubling of funding for the Elder Justice Act in FY 2016 to $8 million in the appropriations package. See press release. (January 27, 2016)

Upcoming National Law Conference Focuses on Seniors and People with Special Needs
The NAELA Summit will be held from January 28-30, 2016, at the Island Hotel in Newport Beach, Calif. See press release. (January 20, 2016)

Read the Latest on NAELA Public Policy/Advocacy
Read the January issue of the NAELA Advocacy Update. (January 14, 2016)

Update on Saccone v. Board of Trustees of the Police and Firemen’s Retirement System
In October 2014, NAELA prepared an amicus brief that helped support the New Jersey Supreme Court’s decision to allow children with disabilities of retired police and firefighters to receive their parent’s survivor benefits without the risk of losing public assistance. That brief and court decision continues to have a positive effect in the state. NAELA recently received news that the New Jersey Law Revision Commission, which reviewed the amicus brief for background information on the matter, has prepared a draft tentative report to codify the Saccone holding. (January 12, 2016)

NAELA Comments on FINRA Rules Relating to Elder Financial Exploitation
NAELA sent a letter to the Financial Industry Regulatory Authority (FINRA) on Regulatory Notice 15-37 relating to financial exploitation of seniors and other vulnerable adults. See press release. (December 2, 2015)

NAELA Congratulates Urban Institute on Report on Solutions to America's Long-Term Services and Supports Crisis
How Americans meet the needs of financing long-term care has been ignored for too long. See press release. (November 23, 2015)

Amici Curiae Brief Filed, DeCambre v. Brookline Housing Authority, et al.
National Academy of Elder Law Attorneys, Special Needs Alliance, and National Housing Law Project filed amici curiae brief in support of appellant Kimberly DeCambre and for reversal. (November 9, 2015)

NAELA Urges CMS to Ban Pre-Dispute Nursing Home Arbitration Clauses
An NPR article published this month, “Suing a Nursing Home Could Get Easier Under Proposed Rules” by Ina Jaffe, brings to light the issue of elder abuse in long-term care facilities and how pre-dispute arbitration agreements protect these facilities from being sued in case something goes awry while a patient is in their care. See press release. (October 30, 2015)

Update on First NAELA Foundation Grant, Harrington v. Dougherty
In April 2014, the NAELA Foundation awarded its first litigation grant of $5,000 to Neighborhood Legal Services, a provider of free civil services to low-income and elderly residents of Essex County, Mass. The grant was intended to assist NAELA members John Ford and Judith M. Flynn in their efforts to obligate MassHealth to follow Centers for Medicare & Medicaid Services (CMS) guidance in Harrington v. Dougherty. The Appeals Court held that the imposition of a double penalty was lawful. In June 2015, Ford and Flynn filed an Application for Further Appellate Review, per Appellate Rule 27.1. In October 2015, the Massachusetts Supreme Judicial Court denied the application for Further Appellate Review. (October 19, 2015)















 

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