New York Law Journal | Analysis
By Daniel G. Fish | February 14, 2024
Decades ago, seniors purchased private long-term care insurance rather than rely upon their own savings or Medicaid. Many of them are now receiving letters raising their premiums to levels that they can no longer afford. They are offered a bewildering series of options including maintaining their coverage or reducing their benefits. The analysis is so complicated that many seniors are seeking advice from elder law attorneys.
By Fern Finkel, Chair, Elder Law and Special Needs Section | January 11, 2024
Fern Finkel, chair of the Elder Law and Special Needs Section, writes: This year, 11 of our executive committee section members have seats on Governor Kathy Hochul's Master Plan on Aging, enabling us to further contribute to the roadmap for resolving some of the issues that confront our seniors and persons with special needs.
New York Law Journal | Analysis
By Daniel G. Fish | November 16, 2023
The New York Long Term Care Trust Program was proposed to address the issue of long-term care insurance through a mandatory payroll tax. Although not enacted, the bill signals a willingness to consider a fundamentally new approach to this issue.
New York Law Journal | Analysis
By Daniel G. Fish | August 8, 2023
Circumstances in life are constantly changing, and it may be in the best interest of a person subject to a guardianship in another jurisdiction to have a New York court accept the transfer of the out-of-state guardianship. Such a transfer is governed by Article 83.33 of the Mental Hygiene Law, effective April 21, 2014.
By Brian Lee | June 28, 2023
This is the fourth lawsuit that Attorney General Letitia James has filed against nursing home owners and operators in New York in the past year.
New York Law Journal | Analysis
By Daniel G. Fish | May 8, 2023
A recent fair hearing decision denying a home care application, based on language in a trust that New York City Medicaid previously had routinely approved, has been vacated.
New York Law Journal | Commentary
By Daniel G. Fish | February 15, 2023
Two recent opinions cast doubt upon the applicability of CPLR Section 3217, (voluntary discontinuance) to guardianship cases, writes contributor Daniel G. Fish.
By Jason J. Smith and David N. Hoffman | January 27, 2023
A new medical aid in dying bill will be introduced after the state legislature goes into its 2023 session. While the new bill's passage is uncertain, recent legal developments in other states, including Oregon, Vermont and New Jersey, all of which permit MAiD, could make MAiD for terminally-ill New York residents accessible outside of New York.
New York Law Journal | Analysis
By Daniel G. Fish | November 16, 2022
New York state's home care program has kept many seniors at home and out of nursing homes. It is a humane and cost effective approach to long-term care. The logic behind the 30-month "look-back" period for Medicaid home care is suspect.
New York Law Journal | Analysis
By Daniel G. Fish | August 9, 2022
There is little statutory guidance in New York state for a notary who is attempting to notarize a document by mark for a disabled individual. This article looks at the legal quandaries that may arise with a client who cannot write out his or her name or is otherwise unable to sign a document and also addresses the idea of notarization by mark or notarization by proxy in New York state.
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