Kommer Bave and Ciccone LLP General Practice Law Firm

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Recent Successes And News

The Kensington White Plains Presents: What To Do When Your Loved One Repeats

What To Do When Your Loved One Repeats: Verbal Repetition in Older Adults Due to Dementia or an Aging Brain

RSVP Here: https://thekensingtonwhiteplains.com/events/what-to-do-when-your-loved-one-repeats-verbal-repetition-in-the-older-adult-population-due-to-dementia-or-due-to-the-aging-brain/

NYS Medicaid Home Care Eligibility Changes Coming Soon – Act Now

Significant changes in New York’s Medicaid law, relating to eligibility for home care benefits, are now expected to take effect as of October 1, 2022.  The new rules impose a 30-month lookback period, in which all financial transactions made during this time are reviewed to determine eligibility. If any uncompensated transfers (gifts) are found during the lookback, there will be a penalty imposed.  The penalty translates to a period of time in which the applicant is ineligible for Medicaid home care benefits.

Under current law, there is no lookback or penalty period for Medicaid home care benefits, which provide aides in the home for an eligible person. This differs from Medicaid nursing home benefits, which requires a five-year lookback period to qualify for benefits.

The new law was enacted in New York in 2020 but has been stayed because of the federal COVID-19 public health emergency.  The federal emergency has been extended to mid-July 2022, and any pending changes in Medicaid law will be implemented October 1, 2022.

If you, or a member of your family, are considering applying for Medicaid home care benefits, you should apply for those benefits before the new law takes effect.  This means that any transfers/gifts of excess funds or resources to meet the Medicaid eligibility limits should be completed before September 1, 2022.

Please contact our firm, Kommer Bave & Ciccone LLP at (914) 633-7400 to arrange for a consultation if you would like to learn more about this change in eligibility law, and what you can do to preserve assets and apply for benefits.  But act quickly, as the deadline is approaching.

Kommer Bave & Ciccone LLP – ATTORNEY ADVERTISING – kbcattorneys.com

 

Virtual CEUs from Maplewood Senior Living: “Through the Eyes of Dementia” and “Laughter as Medicine”

Presented by Maplewood Senior Living’s Memory Care Director Adena McGowan

THROUGH THE EYES OF DEMENTIA – A NEW REALITY
WEDNESDAY, MARCH 23RD | 8:00 AM EST

The best way to understand the struggles of someone living with dementia is to walk in their shoes. This course will refresh the audience on the struggles facing our dementia clients – starting with the changes that impact them just as a function of getting older, coupled with how dementia changes their senses; and how they may interpret the increasingly unfamiliar world around them.

RSVP by March 22nd below.
Click Here

LAUGHTER AS MEDICINE: A NEW APPROACH TO HEALTH AND WELLNESS
WEDNESDAY, APRIL 27TH | 8:00 AM EST

As millions of Americans turn 65 each day, there will be a sharp increase in the demand for healthcare. Experts are looking to alternative medical solutions, including laughter. Research has shown that laughter can have a positive effect on health—including physical, social, and mental benefits. Adena will explain the potential for laughter as “medicine” and its wide applications.

RSVP by April 26th below.
Click Here

Contact Morgan Iorio at miorio@maplewoodsl.com for more information.

Amendment to the Domestic Relations Law and Family Court Act

On October 8, 2021, the Governor signed into the legislation amending the Domestic Relations Law and Family Court Act to expand the duty of parents to support disabled adult children until the age of 26.

A copy of the legislation can be found here (PDF file)

Webinar: “Aging in Place: Options, Choices, and Affordability”

“I want to stay in my home, what exactly does ‘Aging in Place’ mean?”

Our speaker, Barbara Newman Mannix of A Dignified Life, will review ways in age in your current home. She will focus on paying for your chosen path, including applying for and using Community Medicaid.

Presented by the Senior Law Day Collaborative
Sep 1, 2021 10:00 AM
Register for the webinar here.

Senior Law Day Collaborative

Sometimes you just need to talk to someone who knows.

The Senior Law Day Collaborative provides access to the knowledge and guidance of more than 150 professionals focused on elder law and related topics, i.e., the concerns of older adults, caregivers, and people with disabilities. The Collaborative’s attorneys, financial planners, geriatric care managers, and other specialists deliver free community presentations and brief one-to-one consultations at Collaborative events throughout the year.

Download the flyer

Impact of COVID-19 on Landlord-Tenant Relationships and Mandating COVID-19 Vaccination

by: Rebecca C. Romulus, Esq.

Commercial Evictions

On Dec. 11, 2020, Governor Cuomo issued Executive Order 202.81, which further extended the original stay on commercial eviction proceedings contained within Executive Order 202.28 to January 31, 2021. This Executive Order continued the prohibition of initiating commercial eviction proceedings or enforcing evictions of tenants for nonpayment of rent or the foreclosure of any commercial mortgage for nonpayment. Despite the extension of the stay, landlords are still permitted to commence proceedings to recover their property from the tenant for reasons other than nonpayment, otherwise known as “holdover” proceedings.

Residential Evictions

While the commencement of new residential eviction proceedings was stayed pursuant to continuing Executive Orders since March 20, 2020, any residential eviction proceedings which were commenced prior to March 17, 2020, were permitted to move forward pursuant to the Administrative Order 160/20 of the Chief Administrative Judge of the Courts of New York dated August 13, 2020.

The COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 was signed into law in December of 2020 and placed a moratorium on new residential eviction and foreclosure proceedings until May 1, 2021. Under this Act, tenants and homeowners experiencing coronavirus-related financial difficulties are required to file hardship declarations with their landlord, mortgage lender or other foreclosing party to prevent eviction or foreclosure. Landlords are still permitted to evict tenants who are creating safety or health hazards for other tenants, as well as tenants who fail to submit hardship declarations.

Requiring Vaccines

Private Establishments

To date, there has been no legislation prohibiting privately-owned entities from requiring their patrons to provide proof of COVID-19 vaccination upon entry of the establishment. It is expected that there will be more developments on this as the COVID-19 vaccination is made available to the general public in the months to come.

Employer-Mandated Vaccines

According to guidance issued by the US Equal Employment Opportunity Commission on December 16, 2020, employers have the legal right to mandate their employees to receive the COVID-19 vaccine. This right exists because employers are allowed to set requirements that individuals shall not pose direct threats to the health or safety of individuals in the workplace. Exceptions exist for those employees with disabilities or who have “sincerely held” religious beliefs. In those cases, it is up to the employer to establish that an unvaccinated employee would pose a significant risk of substantial harm to the health or safety of the individual or others in the workplace and attempt to provide that employee with reasonable accommodations. If no such accommodations can be provided, the employer has the right to exclude that employee from the workplace, up to and including termination of employment. The Occupational Safety and Health Administration [OSHA] has not issued guidance on employer-mandated COVID-19 vaccination, yet both the EEOC and OSHA have historically held employer-mandated flu vaccines to be legal. Presently, there is no indication that OSHA will decide differently as to the COVID-19 vaccine.

 

Sources:

  • Senate Bill 9114
  • Executive Order 202.81
  • Administrative Order 160/20
  • National Law Review
  • US Equal Employment Opportunity Commission

Webinar: Benefits Overview from Westchester County Veterans Service Agency

Wednesday, November 11th
10:00 – 11:00

Register for this FREE webinar for Seniors & their Families: http://bit.ly/WestVeterans

(Dial-in by phone also available; numbers obtained on registration or by calling and leaving a message for Paul at 914.231.3227)

The Westchester County Veterans Service Agency services veterans, dependents and survivors, along with those currently serving, by providing trained and Accredited Veterans Service Officers (VSO), This webinar will review the VSO program, which provides advice on Veterans Federal, State and County benefits and assists those eligible with filing the necessary claims. We will cover pensions, burial benefits, vocational rehabilitation, healthcare, real property tax exemption and several other veterans benefit areas.

Speaker: Charlotte Trotter, Deputy Director of the Westchester County Veterans Service Agency

Limited to first 100 participants

Estate and Elder Care Plan Article by Patricia Bave, Esq.

An article titled “A Plan that Makes a Difference: How To Implement An ‘Effective’ Estate and Elder Care Plan” by Patricia Bave, Esq. was recently featured in Coming of Age Magazine in Westchester. Click here to download the article.

Important NYS Medicaid Updates

We hope that you and your loved ones are staying safe and healthy during this uncertain time.

As of April 3, 2020, there have been two major updates to the Medicaid program in New York State.

Please download the full letter here.

Call Us  (914) 633-7400