People with disabilities are asking the federal government to stop what they say are policies by states and hospitals that will ration care — and deny them treatment for the coronavirus. Several disability groups filed a complaint against the state of Washington, one of the states hardest hit by the pandemic. The Washington State Department of Health issued guidelines to help doctors and hospitals decide something they fear having to face — deciding who gets scarce, life-saving care. One example: If there are, say, more people who need ventilators than the number of ventilators available. The complaint says they tell…
As part of the broader Trump Administration announcement, the Centers for Medicare & Medicaid Services (CMS) announced critical new measures designed to keep America’s nursing home residents safe from the 2019 Novel Coronavirus (COVID-19). The measures take the form of a memorandum and is based on the newest recommendations from the Centers for Disease Control and Prevention (CDC). It directs nursing homes to significantly restrict visitors and nonessential personnel, as well as restrict communal activities inside nursing homes. The new measures are CMS’s latest action to protect America’s seniors, who are at highest risk for complications from COVID-19. While visitor…
The Coronavirus outbreak reminds us of the importance of planning and preparation. Estate planning allows us to take control of our affairs and provides a degree of certainty in uncertain times. We have recently received many inquiries from people who want to get basic estate planning documents quickly. The three essential legal documents: a Will, Financial Power of Attorney and a Health Care Power of Attorney Our Health Care of Attorney has three parts: 1. A Health Care Agent allows you to name a trusted person to make medical decisions on your behalf if you become incapacitated; 2. A Living…
We hope this finds you and your loved ones doing okay and staying well. These are crazy, stressful times we are living in. Please know we are here for you. We implemented a fully functional virtual practice a while ago. Never in my wildest dreams would I have thought a virtual practice would begin now because of a virus. Although we have the capability of working at home, we are still in the office. Don’t hesitate to reach out to us if you need something, or just to let us know how you are doing. We have created a streamlined…
On April 2, CMS and CDC issued a new set of recommendations after learning from on-site surveys that more needs to be done to prevent further spread of COVID-19. Major highlights of this guidance are presented below. Advocates are urged to read the full guidance. Nursing homes should ensure they are complying with all CMS and CDC guidance about infection control, with a particular focus on hand hygiene. State and local leaders should work together to help address nursing home needs for PPE and tests. Facilities should screen every single person entering the facility (with the exception of EMS personnel…
CMS has issued blanket waivers for certain federal requirements it believes will free up nursing home providers to focus on containing the spread of COVID-19. Several of the regulations are waived only in COVID-19 related situations, while others apply in general. Regulatory areas impacted include transfer/discharges; nurse aide training and certification; care planning; physical environment; and more. For detailed information, see Consumer Voice’s summary and read the CMS publication. For a complete list of upcoming seminars, visit our website at www.davidwingate.com. Peace of mind is only a call or click away! For an Initial Consultation call Estate and Elder…
Senators Casey and Wyden sent a letter dated April 2 to CMS and CDC requesting release of a list of nursing homes that have had a resident or staff member with a positive COVID-19 test. The request was made after the Senators learned that the agencies are maintaining a list of facilities with documented cases of COVID-19, but are refusing to release the information. The Senators also requested information on how CMS intends to spend $100 million provided to the agency to limit the spread of COVID-19 in nursing homes as part of the recently passed CARES Act. For a…
On March 18, 2020, the United States Senate passed the revised “Families First Coronavirus Response Act,” (“FFCRA”) that had been passed by the United States House earlier this week, which President Trump has now signed. The FFCRA becomes effective within 15 days (April 2, 2020), so employers should immediately begin preparations to ensure compliance with the law. Importantly, the new law does not require that employers provide paid leave for employees who are off work just because of an office closure. Additional eligibility requirements must be met. Notable provisions of the FFCRA for employers include the following: Emergency Paid Sick…
There’s a lot of change happening right now and life is doing what it does – being unpredictable! We want to take a minute to be sure you know we are here for you! We are able to keep serving you and our community during this difficult time, especially for the majority of those we serve. We are open and fully functioning as we have full virtual capabilities in our office so reduced in person contact is not preventing us from being here to help you be sure that you, and those you love, will be okay. We are in…
In honor of National Disability Employment Awareness Month, Diane Winiarski, the director of vocational rehabilitation at Allsup Employment Services, provides insight on the current state of disability employment in the country. Related: Ten Disability Policy Questions Every Presidential Candidate Should Answer SOURCE/MORE: FORBES For a complete list of upcoming seminars, visit our website at www.davidwingate.com. Peace of mind is only a call or click away! For an Initial Consultation call Estate and Elder Planning by David Wingate at (301) 663-9230 or visit www.davidwingate.com David Wingate is an estate planning and elder law attorney at Estate and Elder Planning by David…
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