Current Developments in Estate Planning and Business Law: November 2021

By WealthCounsel Staff on Nov 12, 2021 10:00:00 AM

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From revisions to the Build Back Better Act to restrictions on noncompetition agreements, we have recently seen significant developments in estate planning and business law. To ensure that you stay abreast of these legal changes, we have highlighted some noteworthy developments and analyzed how they may impact your estate planning and business law practice.

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Does Voluntary Payment of Past-due Nursing Home Charges Violate Federal Law?

By Jill Roamer, JD, CIPP/US on Nov 9, 2021 8:18:00 AM

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Federal law prohibits a nursing home from requiring that past-due expenses be paid as a condition for a resident to be admitted to or continue to stay at a facility. But what if someone volunteers such payment?

This issue was recently litigated in the Commonwealth of Kentucky Court of Appeals. In this case, Erma was in a nursing home and filed for Medicaid benefits about 6 months after her arrival. Erma’s application was approved and Medicaid paid 3-months retroactive benefits to the nursing home. During her private-pay tenure, Erma had accrued a balance of about $35,000.

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Top 5 Tips to Avoid Malpractice Claims

By WealthCounsel Staff on Nov 5, 2021 10:00:00 AM

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Dealing with a malpractice claim can be very stressful and take a lot of time away from your business and clients. In addition to lost revenue, you may have to pay a settlement, court costs, and your own attorney’s fees. Your reputation as a lawyer could also suffer permanent damage. 

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