CAN THE NURSING HOME GET IN TROUBLE IF THE NURSING HOME EMPLOYEES KNOW THAT THE NONLAWYER MEDICAID PLANNER IS ENGAGING IN UPL?

Yes, it is possible. According to Florida Statute 777.011, (and as stated in Chapter 3): Both referral sources and seniors who retain a nonlawyer for Medicaid planning purposes should be aware of the possible illegality of their actions, however unwitting or intentional their actions may be. “Whoever commits any criminal offense ... or aids, abets, [...]

By | November 28th, 2018|Elder Law, Medicaid, Nursing Home|0 Comments

DOES A NURSING HOME HAVE A FIDUCIARY RESPONSIBILITY TO ITS RESIDENTS?

One might think at least in principle that fiduciary responsibilities exist for the nursing home. But under Florida law that is not the case. The answer is based on case law - and Florida has not recognized a fiduciary relationship between a nursing home and its residents. There are no opinions in the jurisprudence of [...]

By | November 26th, 2018|Elder Law, Nursing Home|0 Comments

AHCA, ELDER ABUSE, ELDER EXPLOITATION, AS IT RELATES TO UPL

The Florida Agency for Health Care Administration (AHCA) is very involved with Florida nursing home and long term care facilities, and Florida Medicaid proceedings and administration. This includes all Medicaid planning activities. Florida AHCA is responsible for: administrating the Florida Medicaid program, licensure and regulation of Florida’s health facilities and providing information to Floridians about [...]

By | November 21st, 2018|Elder Law, Healthcare|0 Comments

WHAT WILL HAPPEN IF A NONLAWYER MEDICAID PLANNER TAKES MONEY FROM THE NURSING HOME RESIDENT?

Serious liabilities may lurk for long-term care facilities and employees affiliated with nonlawyer Medicaid planners. When a non-lawyer Medicaid planner’s actions result in the nursing home resident’s personal financial harm and/or denial of Medicaid eligibility, this can become a matter of financial exploitation of the resident. Depending on the case, the facility in which the [...]

By | November 13th, 2018|Elder Law, Healthcare, Medicaid|0 Comments

DOES A NONLAWYER MEDICAID PLANNER HAVE LEGAL MALPRACTICE INSURANCE?

No. By definition, only an attorney licensed to practice law would be entitled to have legal malpractice insurance. If an annuity salesperson only holds a license with the Florida Department of Insurance (or no license at all), that person would not be able to purchase legal malpractice insurance. The financial stakes are very high in [...]

By | November 7th, 2018|Elder Law, Medicaid|0 Comments