Category

LITIGATION

Medicare Patients Placed Under “Observation Status” Win Right to Appeal, Federal Court Orders

By | IN THE NEWS, LITIGATION, NEWS, Newsroom, PRESS RELEASE

Media Contact: Vanessa Barrington 510-256-1200 vbarrington@justiceinaging.org

March 24, 2020—Medicare beneficiaries who have been denied coverage for nursing facility services after transferring from hospitals because the hospital changed their status from “in patient” to “observation status” now have a right to appeal their classification and a chance to receive reimbursement from Medicare for the uncovered nursing facility charges. Read More

Lawsuit over observation status, SNF payment finally going to trial

By | IN THE NEWS, LITIGATION, Medicare

McKnight’s Long-Term Care News: Lawsuit over observation status, SNF payment finally going to trial (March 29, 2019)

A lawsuit, co-counseled by Justice in Aging, may go to trial which could have significant implication for providers and patients. The lawsuit involves a group of individuals having to pay out of pocket for skilled nursing facility care because Medicare would not cover it. The patients received needed care but were classified as under “observation status” and were not formerly admitted as inpatients resulting in large medical bills.

More older residents on Medicaid wait list in Florida than any other state, attorney says

By | Health Care, Home & Community Based Services, IN THE NEWS, In-Home Supportive Services, LITIGATION, Long Term Care, Medicaid

Florida Record: More older residents on Medicaid wait list in Florida than any other state, attorney says (January 7, 2019)

A lawsuit has been filed against the state of Florida over extremely long wait time in accessing in-home Medicaid care. Justice in Aging, along with Disability Rights Florida and the Southern Legal Counsel, is representing the six plaintiffs currently suing the state.

“According to national statistics, there are more older adults and adults with disabilities on the wait list for community-based services in Florida than any other state,” Regan Bailey, litigation director for Justice in Aging. “The failure to provide long-term care places people at risk of unnecessarily entering a nursing facility just to get the care they need which should be provided at home.” Read the full article.

Florida Faces ADA Lawsuit Over Medicaid Wait List

By | Health Care, IN THE NEWS, In-Home Supportive Services, LITIGATION, Long Term Care, Medicaid, Person-Centered Care Planning, SENIOR POVERTY

WJCT News/WUSF Health: Florida Faces ADA Lawsuit Over Medicaid Wait List (January 2, 2019)

Justice in Aging has filed a class action lawsuit against Florida’s Agency for Health Care Administration. Currently, older adults and people with disabilities could wait up to 3.5 years to access in-home health care. Justice in Aging wants Florida to develop more in-home care services for people and increase the capacity of the services it has. Litigation Director Regan Bailey said “it’s a need that’s growing. And the way to meet that need is to provide more community-based services because you can serve many more people for the same money in the community versus in a nursing facility.”

Justice in Aging Welcomes Regan Bailey to Lead Litigation Efforts

By | LITIGATION, PRESS RELEASE

WASHINGTON, DC – Justice in Aging is pleased to welcome Regan Bailey as its new Litigation Director. Justice in Aging is a national legal advocacy organization that uses the power of law to fight senior poverty. Regan will be working in the organization’s Washington, DC office.

Regan joins Justice in Aging after serving for the past five years at the US Department of Justice, Civil Rights Division in the Special Litigation Section as a Trial Attorney. Prior to joining the Department of Justice, Regan directed legal advocacy for Disability Rights Washington. Previously she served as the Assistant Director for Public Benefits and Economic Stability at Maryland Legal Aid Bureau, a Senior Attorney at University Legal Services, and a Managing Attorney at West Virginia Advocates. She was a Writ Clerk for the Supreme Court of Appeals of West Virginia and was also a Staff Attorney for DNA People’s Legal Services for the Navajo Nation.
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Class action settlement about ALJ hearing delays for Medicare beneficiaries amended- Fairness Hearing rescheduled for August 1, 2016

By | BLOG, Health Care, HOMEPAGE, LITIGATION, Medicare
As previously reported, the Center for Medicare Advocacy filed Exley v. Burwell on behalf of Plaintiffs appealing Medicare denials before an Administrative Law Judge and not receiving decisions within the 90 days required by law. The Fairness Hearing has been rescheduled for August 1, 2016. Read More

Big Win For Married LGBT SSI Recipients

By | BLOG, HOMEPAGE, LGBT, LITIGATION, Supplemental Security Income
The last few weeks have brought some good news regarding Held v. Colvin, a case we (along with Foley Hoag LLP and GLBTQ Legal Advocates & Defenders, or GLAD) filed in March 2015 against the Social Security Administration (SSA) on behalf of Plaintiffs Hugh Held and Kelley Richardson-Wright and a proposed nationwide class.

We filed this case to stop SSA from attempting to collect “overpayments” from very low income people over 65 and people with disabilities receiving SSI who had been married to someone of the same sex on or before June 2013 when the Supreme Court struck down the Defense of Marriage Act (DOMA). Read More

Court Says Medicaid Coverage Gap Must End, Seniors No Longer on the Hook for Thousands in Assisted Living Bills

By | ASSISTED LIVING, BLOG, HOMEPAGE, LITIGATION, Medicaid

Ohio’s Medicaid program covered only a portion of the program’s assisted living bills, leaving frail seniors Betty Hilleger and Geraldine Saunders with unexpected sky-high expenses. And they were not alone. Thousands of Ohio’s seniors faced the same coverage gap. They applied for coverage, but faced delays and unreasonable bills even after they were supposed to be covered. Justice in Aging joined with the Cincinnati firm Beckman Weil Shepardson to represent Hilleger and Saunders in a class action suit against the state to eliminate this coverage gap.

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Social Security Continues Discriminating Against Same Sex Married Couples By Making Them Pay Thousands of Dollars for Agency Mistake

By | BLOG, HOMEPAGE, LGBT, LITIGATION, Supplemental Security Income
Hugh Held and Orion Masters of Los Angeles, hugh-orienCalifornia have been together for more than 20 years. When marriage to a person of the same sex became legal in California for a brief period in 2008, they were excited to ‘take the plunge’ and exercise a right they did not expect they would ever have when they first met. Little did they anticipate that their marriage would one day put them in economic peril.

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