Legal Issues – Overview | HelpingYouCare®

Legal Issues – Overview

Ideas & Checklists for New Years Resolutions - for Caregivers and Seniors

By Editor, on December 31st, 2017

UPDATED: This article is updated from an article that appeared on HelpingYouCare® on December 31, 2014. Happy New Year! Now is the exhilarating time for a new beginning — the time to make New Years resolutions for the coming . . . → Read More: Ideas & Checklists for New Years Resolutions – for Caregivers and Seniors

HHS Finalizes New Rule Strengthening Patient Privacy Rights

By Editor, on January 21st, 2013

On January 17, the U.S. Department of Health and Human Services (HHS) announced publication in the Federal Register of the final version of a new rule strengthening patient privacy rights. The new rule strengthens the privacy and security protections . . . → Read More: HHS Finalizes New Rule Strengthening Patient Privacy Rights

Labor Day News for Caregivers: Know Your Workplace Rights

By Editor, on September 3rd, 2012

EDITOR’S NOTE: The following article was first published on HelpingYouCare™ on September 5, 2011. It remains relevant this Labor Day, and with some added links, we re-print it below: Recent reports have found that low-wage employees, in particular, are . . . → Read More: Labor Day News for Caregivers: Know Your Workplace Rights

Medicare Announces Updated Hospital Compare & Nursing Home Compare Sites

By Editor, on July 21st, 2012

The Centers for Medicare and Medicaid Services (CMS) announced Thursday that it has updated and re-designed its Hospital Compare and Nursing Home Compare websites, which provide tools and quality measures to help consumers find hospitals and Medicare-Certified nursing homes . . . → Read More: Medicare Announces Updated Hospital Compare & Nursing Home Compare Sites

Harvard Health Publishes Caregiver's Handbook

By Editor, on May 30th, 2012

Harvard Health Publications of Harvard Medical School has published Caregiver’s Handbook: A guide to caring for the ill, elderly, disabled … and yourself, a basic introductory handbook to some of the topics and concerns faced by family caregivers. In . . . → Read More: Harvard Health Publishes Caregiver’s Handbook

Money Smart Week April 21-28 - Classes & Events to be Held in 30 States

By Editor, on April 21st, 2012

Money Smart Week® classes and events for consumers in 30 different States — those indicated in green on the map at left. To find classes and other events (primarily in libraries) in your area, click HERE or click on . . . → Read More: Money Smart Week April 21-28 – Classes & Events to be Held in 30 States

Health IT, Electronic Health Records & Health IT Jobs Expanding, New Data Show

By Editor, on February 19th, 2012

The U.S. Department of Health & Human Services (HHS) and its Office of the National Coordinator for Health IT (ONC) announced new data on Friday, February 17, showing that the use of electronic health records has more than doubled . . . → Read More: Health IT, Electronic Health Records & Health IT Jobs Expanding, New Data Show

Legal and Financial Issues for People with Alzheimer’s Disease: A NIA Resource List

By Editor, on November 30th, 2011

The National Institute on Aging (NIA), part of the National Institutes of Health, under the U.S. Department of Health & Human Services (HHS), provides a useful resource list with excerpts and links to multiple sources of information on Legal . . . → Read More: Legal and Financial Issues for People with Alzheimer’s Disease: A NIA Resource List

Retirement and Long-Term Care Planning Tools

By Editor, on September 24th, 2011

What can you do as a Baby Boomer and family caregiver to secure your retirement future against the threat of rising health care and long-term care costs? Here are some links to information that may be helpful to you . . . → Read More: Retirement and Long-Term Care Planning Tools

Download Your State's Advance Directive for Healthcare Form

By Editor, on September 16th, 2011

The National Hospice and Palliative Care Organization provides free downloads of forms for Health Care Advance Directives for all 50 States, along with instructions, and related information. These forms are provided free of charge on the Organization’s website, What . . . → Read More: Download Your State’s Advance Directive for Healthcare Form

Health Care Costs to Increase by 5.8% Per Year, CMS Projects; Baby Boomers Worry About Long-Term Care

By Editor, on July 29th, 2011

A new report, from the Office of the Actuary at the Centers of Medicare and Medicaid Services (CMS) in Baltimore, and published in the journal HealthAffairs on July 28, 2011, projects that overall U.S. health care costs will grow . . . → Read More: Health Care Costs to Increase by 5.8% Per Year, CMS Projects; Baby Boomers Worry About Long-Term Care

Yale Study Links 'Do-Not-Resuscitate Orders' to Poor Surgical Outcomes & Higher Risk of Death

By Editor, on April 18th, 2011

A new study by Yale researchers published today in the Archives of Surgery, one of the JAMA journals of the American Medical Association, found that Do-Not-Resuscitate Orders were associated with poor surgical outcomes and a higher risk of death . . . → Read More: Yale Study Links ‘Do-Not-Resuscitate Orders’ to Poor Surgical Outcomes & Higher Risk of Death

Nine Tax Questions For Family Caregivers: FAQs & Answers from the IRS

By Editor, on February 15th, 2011

Here are nine frequently asked tax questions for family caregivers, listed by the U.S. Internal Revenue Service (IRS) on its website. Click on the links below to find the answers provided by the IRS for each question: 1. I . . . → Read More: Nine Tax Questions For Family Caregivers: FAQs & Answers from the IRS

Family Caregivers and Self-Employment Tax - Information from the IRS

By Page Editor, on February 15th, 2011

Here is a copy of information provided on the IRS.gov website on: Family Caregivers and Self-Employment Tax: “Special rules apply to workers who perform in-home services for elderly or disabled individuals (caregivers). Caregivers are typically employees of the individuals . . . → Read More: Family Caregivers and Self-Employment Tax – Information from the IRS

Caregiving Basics: A Document Organizer

By Senior Editor, on January 3rd, 2011

Can you put your hands on important documents you will need as a primary caregiver? Here’s a helpful to-do list to help you locate, create, or revise important papers. From the National Caregivers Library: . . . → Read More: Caregiving Basics: A Document Organizer

It's Important to Plan

By Senior Editor, on December 29th, 2010

Guide from AARP helps caregivers gather critical information in advance “After she died, I went to her house and had to go through her papers to find important things like the title to her car, burial arrangements, house title,” . . . → Read More: It’s Important to Plan

Growing Trend: Paying a Relative to Take Care of Mom

By Editor, on December 29th, 2010

Read more in WSJ.com about a growing trend for families to compensate adult children or relatives who serve as caregivers to elders. This trend may be fueled by a recognition of the financial sacrifices that family caregivers often make — frequently finding it . . . → Read More: Growing Trend: Paying a Relative to Take Care of Mom

Medicaid and the Primary Residence

By Senior Editor, on November 30th, 2010

by Craig Reaves, past president of the National Academy of Elder Law Attorneys for The New York Times, November 24, 2010 An Elder Law Attorney answers a question concerning whether it is necessary to spend down a person’s assets . . . → Read More: Medicaid and the Primary Residence

A Checklist of Some Legal Issues for Seniors and Their Family Caregivers

By Editor, on November 25th, 2010

© 2010 by Constance R. Barnhart Attorney At Law View/ Print as a PDF Document Following is a checklist of some of the legal issues that may arise for seniors and their family caregivers. For each of these issues . . . → Read More: A Checklist of Some Legal Issues for Seniors and Their Family Caregivers

End-of-Life Decision-Making

By Editor, on November 6th, 2010

Fact Sheet by the Family Caregiver Alliance, National Center on Caregiving, a nonprofit organization. “This Fact Sheet is not intended to provide a comprehensive planning tool. It outlines areas we need to think about and resources that can help, . . . → Read More: End-of-Life Decision-Making

Independent Contractor vs. Employee, IRS Tax Tip

By Editor, on October 29th, 2010

Independent Contractor vs. Employee, IRS Tax Tip, U.S. Department of the Treasury, Internal Revenue Service. This page of the IRS website explains the IRS rules for determining whether workers are employees or independent contractors, and provides links to additional . . . → Read More: Independent Contractor vs. Employee, IRS Tax Tip

Employer’s Supplemental Tax Guide – U.S. Internal Revenue Service Publication 15-A (2010)

By Editor, on October 29th, 2010

Employer’s Supplemental Tax Guide – U.S. Internal Revenue Service Publication 15-A (2010), U.S. Department of the Treasury, Internal Revenue Service. Discusses (at pages 3 through 10) the rules governing whether a worker must be treated as an employee (for . . . → Read More: Employer’s Supplemental Tax Guide – U.S. Internal Revenue Service Publication 15-A (2010)

Independent Contractor vs. Employee, A Fundamental Legal Challenge When Providing Home Care Services Using Independent Contractors

By Editor, on October 29th, 2010

Independent Contractor vs. Employee, A Fundamental Legal Challenge When Providing Home Care Services Using Independent Contractors, National Private Duty Association. A 23 page PDF document, advising Home Health Care companies on hiring aides as independent contractors vs. as employees. . . . → Read More: Independent Contractor vs. Employee, A Fundamental Legal Challenge When Providing Home Care Services Using Independent Contractors

IRS Form SS-8: Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding

By Editor, on October 29th, 2010

IRS Form SS-8: Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding, U.S. Department of Treasury, Internal Revenue Service. Optional Form which can be submitted to the IRS by a worker or by a . . . → Read More: IRS Form SS-8: Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding

Family and Medical Leave Act of 1993, as amended

By Editor, on October 29th, 2010

Family and Medical Leave Act of 1993, as amended, administered by the U.S. Department of Labor (DOL), Employment Standards Administration, Wage and Hour Division. The website of the DOL, which administers the U.S. Family and Medical Leave Act, provides . . . → Read More: Family and Medical Leave Act of 1993, as amended

EEOC Issues Guidance on Unlawful Discrimination Against “Caregivers” Under Title VII and the ADA

By Editor, on October 29th, 2010

EEOC Issues Guidance on Unlawful Discrimination Against “Caregivers” Under Title VII and the ADA, By Katherine Brewer, from Martindale.com. Discusses enforcement guidance issued by the EEOC (U.S. Equal Employment Opportunity Commission) on May 24, 2007 for its employees on . . . → Read More: EEOC Issues Guidance on Unlawful Discrimination Against “Caregivers” Under Title VII and the ADA

Caregiving Responsibilities: Focus on Workplace Rights and Obligations

By Editor, on October 29th, 2010

Caregiving Responsibilities: Focus on Workplace Rights and Obligations: Enforcement Guidance; Unlawful Disparate Treatment Of Workers With Caregiving Responsibilities, U.S. Equal Employment Opportunity Commission (EEOC). Lengthy document by the EEOC, explaining rights of workers with caregiving responsibilities under current law . . . → Read More: Caregiving Responsibilities: Focus on Workplace Rights and Obligations

Working; Don’t assume caregivers can’t

By Editor, on October 29th, 2010

Working; Don’t assume caregivers can’t, By L.M. Sixel, Houston Chronicle, September 11, 2008. The Equal Employment Opportunity Commission issued guidelines that make it very clear that bosses must treat all employees equally, no matter family duties. Employers can’t make . . . → Read More: Working; Don’t assume caregivers can’t

A Patient’s Guide To The HIPAA Privacy Rule

By Editor, on October 29th, 2010

A Patient’s Guide To The HIPAA Privacy Rule: When Health Care Providers May Communicate About You with Your Family, Friends, or Others Involved In Your Care, by the U.S. Department of Health & Human Services, Office of Civil Rights. . . . → Read More: A Patient’s Guide To The HIPAA Privacy Rule

OCR Privacy Brief: Summary Of The HIPAA Privacy Rule

By Editor, on October 29th, 2010

OCR Privacy Brief: Summary Of The HIPAA Privacy Rule, U.S. Department of Health & Human Services, Office of Civil Rights. 25 page booklet summarizing the HIPAA Privacy Rule to provide HIPAA compliance assistance. Caregivers should review this and familiarize . . . → Read More: OCR Privacy Brief: Summary Of The HIPAA Privacy Rule

A Health Care Provider’s Guide To The HIPAA Privacy Rule

By Editor, on October 29th, 2010

A Health Care Provider’s Guide To The HIPAA Privacy Rule: Communicating with a Patient’s Family, Friends, or Others Involved in the Patient’s Care, by the U.S. Department of Health & Human Services, Office of Civil Rights. A 5 page . . . → Read More: A Health Care Provider’s Guide To The HIPAA Privacy Rule

Your Health Information Privacy Rights

By Editor, on October 29th, 2010

Your Health Information Privacy Rights, U.S. Department of Health & Human Services, Office of Civil Rights. A 2 page brochure briefly summarizing privacy rights for patients. »View details: Your Health Information Privacy Rights

Privacy and Your Health Information

By Editor, on October 29th, 2010

Privacy and Your Health Information, U.S. Department of Health & Human Services, Office of Civil Rights. Two page brochure briefly summarizing privacy rights for patients. »View details: Privacy and Your Health Information

Patient Rights, Cornell Law School, Legal Information Institute

By Editor, on October 29th, 2010

Patient Rights, Cornell Law School, Legal Information Institute. Search results of the Cornell data base of laws for “patient rights” lists several U.S. Code sections (federal statutory law), U.S. Supreme Court decisions, and Code of Federal Regulations Sections dealing . . . → Read More: Patient Rights, Cornell Law School, Legal Information Institute

Patient Rights

By Editor, on October 29th, 2010

Patient Rights, MedlinePlus, National Library of Medicine, U.S. Institutes of Health, U.S. Department of Health & Human Services. Comprehensive links to information on patient rights. »View Details

The Patient Care Partnership: What to Expect during your Hospital Stay

By Editor, on October 29th, 2010

The Patient Care Partnership: What to Expect during your Hospital Stay, American Hospital Association. Brochure listing rights that patients should expect: (1) high quality hospital care, (2) a clean, safe environment, (3) involvement in your care, (4) protection of . . . → Read More: The Patient Care Partnership: What to Expect during your Hospital Stay

Patient Rights Program: Promoting the Rights of Patients through Education and Research

By Editor, on October 29th, 2010

Patient Rights Program: Promoting the Rights of Patients through Education and Research, The Health Law Department of Boston University School of Public Health. Provides a short summary called, “Patient Rights at Your Finger Tips.” »View details (pdf): Patient Rights . . . → Read More: Patient Rights Program: Promoting the Rights of Patients through Education and Research

How to Get a Second Opinion

By Editor, on October 29th, 2010

How to Get a Second Opinion, National Women’s Health Information Center, U.S. Department of Health and Human Services, Office on Women’s Health. You have a right to obtain a second and third opinion from different doctors. This brochure provides . . . → Read More: How to Get a Second Opinion

The Patient’s Bill of Rights; What is the Patient’s Bill of Rights?

By Editor, on October 29th, 2010

The Patient’s Bill of Rights; What is the Patient’s Bill of Rights? The American Cancer Society. Lists 8 key areas of patients’ rights: Information disclosure, choice of providers and plans, access to emergency services, participation in treatment decisions, respect . . . → Read More: The Patient’s Bill of Rights; What is the Patient’s Bill of Rights?

Eldercare Rights & Resources: Long-Term Care Ombudsman Program

By Editor, on October 29th, 2010

Eldercare Rights & Resources: Long-Term Care Ombudsman Program, Administration on Aging (AoA), U.S. Department of Health & Human Services. Long-term care ombudsmen are advocates for residents of nursing homes, board and care homes, assisted living facilities and similar adult . . . → Read More: Eldercare Rights & Resources: Long-Term Care Ombudsman Program

Centers for Medicare & Medicaid Services (CMS), Links to State Medicaid Websites

By Editor, on October 29th, 2010

Centers for Medicare & Medicaid Services (CMS), List with links to State Medicaid Websites. Medicaid is a federally funded program, but it is administered and partially funded by the states and varies state to state. Information about Medicaid programs . . . → Read More: Centers for Medicare & Medicaid Services (CMS), Links to State Medicaid Websites

State Information (Select a State) for Medicaid Rules

By Editor, on October 29th, 2010

State Information (Select a State) for Medicaid Rules, by ElderLawAnswers.com, a website founded and run by an elder law attorney in Boston, Massachusetts. Contains a good introduction to the Medicaid Rules and eligibility standards, along with a drop down . . . → Read More: State Information (Select a State) for Medicaid Rules

Medicaid Planning Basics, 360 Degrees of Financial Literacy

By Editor, on October 28th, 2010

Medicaid Planning Basics, 360 Degrees of Financial Literacy, website by The American Institute of Certified Public Accountants. For the Sandwich Generation: information on Medicaid asset planning basics. »View Details

Medicaid Planning

By Editor, on October 28th, 2010

Medicaid Planning, by Thomas Day. Discussion of some Medicaid planning techniques. »View Details See Also, Getting the Government to Pay: For Long Term Family Caregivers, by Thomas E. Day (Medicaid Planning and VA Benefits): View . . . → Read More: Medicaid Planning

Medicaid, Official website of Centers for Medicare & Medicaid Services (CMS)

By Editor, on October 28th, 2010

Medicaid, Official website of Centers for Medicare & Medicaid Services (CMS), U.S. Department of Health & Human Services. Provides links to all information provided on Medicaid. »View Details

Medicaid Basics: A Question And Answer Guide About Eligibility, Coverage, And Benefits

By Editor, on October 28th, 2010

Medicaid Basics: A Question And Answer Guide About Eligibility, Coverage, And Benefits, Health Lawyer’s Public Information Series, by American Health Lawyers Association. A 24 page PDF document, describing Medicaid, how it works, who is eligible, and coverage and benefits. . . . → Read More: Medicaid Basics: A Question And Answer Guide About Eligibility, Coverage, And Benefits

Transfer of Assets in the Medicaid Program: Important Facts for State Policymakers

By Editor, on October 28th, 2010

Transfer of Assets in the Medicaid Program: Important Facts for State Policymakers, January 8, 2008, by Centers for Medicare & Medicaid Services (CMS), U.S. Department of Health & Human Services. This document summarizes important changes to the Medicaid eligibility . . . → Read More: Transfer of Assets in the Medicaid Program: Important Facts for State Policymakers

Medicaid Law: An Overview

By Editor, on October 28th, 2010

Medicaid Law: An Overview, Cornell University Law School, Legal Information Institute. Provides a good introduction and overview of Medicaid, a medical assistance program jointly financed by state and federal governments for low income individuals. Includes links to more detailed . . . → Read More: Medicaid Law: An Overview

Overview of Medicaid Eligibility Rules

By Editor, on October 28th, 2010

Overview of Medicaid Eligibility Rules, Website of Centers for Medicare & Medicaid Services (CMS), U.S. Department of Health & Human Services. »View Details

Medicaid At A Glance

By Editor, on October 28th, 2010

Medicaid At A Glance 2005, (the most recent version posted on the website of the Centers for Medicare & Medicaid Services (CMS)), U.S. Department of Health & Human Services. A 12 page PDF document providing an overview of the . . . → Read More: Medicaid At A Glance

Medicare and Medicaid: What’s the Difference?

By Editor, on October 28th, 2010

Medicare and Medicaid: What’s the Difference?, FindLaw.com. A very basic introduction to Medicare and Medicaid and the differences between them. »View Details

FAQ on Medicaid

By Editor, on October 28th, 2010

FAQ on Medicaid, by FindLaw.com. Very basic answers to FAQ on Medicaid, based on the ABA Family Legal Guide. »View Details

Medicaid Planning

By Editor, on October 28th, 2010

Medicaid Planning, by ElderLawAnswers.com, a website founded and run by an elder law attorney in Boston, Massachusetts. Contains a good introduction to Medicaid planning and eligibility, written for the non-lawyer (Last Updated: 2008). »View Details

Medicaid Reform & Planning: A Primer For Estate Planners

By Editor, on October 28th, 2010

Medicaid Reform & Planning: A Primer For Estate Planners–Part One, by Holland & Knight LLP, Articles & White Papers; Estate Planning and Administration. »View Details Medicaid Reform & Planning: A Primer For Estate Planners–Part Two, by Holland & Knight . . . → Read More: Medicaid Reform & Planning: A Primer For Estate Planners

Florida: The Florida Trust Code, Chapter 736, Florida Statutes

By Editor, on October 28th, 2010

Florida: The Florida Trust Code, Chapter 736, Florida Statutes, from the Official Internet Site of the Florida Legislature. Posts Florida’s statute governing trusts in Florida. Note: a Florida trusts lawyer must be consulted for advice if your loved one . . . → Read More: Florida: The Florida Trust Code, Chapter 736, Florida Statutes

Minnesota: Minnesota Statutes, Chapter 501B – Trusts

By Editor, on October 28th, 2010

Minnesota: Minnesota Statutes, Chapter 501B – Trusts, Minnesota Office of the Revisor of Statutes. Link to the Minnesota State statutes governing trusts in Minnesota. Note: a Minnesota trusts lawyer must be consulted for advice if your loved one lives . . . → Read More: Minnesota: Minnesota Statutes, Chapter 501B – Trusts

New York: Laws of New York State, Estates, Powers & Trusts, Articles 7, et. seq.

By Editor, on October 28th, 2010

New York: Laws of New York State, Estates, Powers & Trusts, Articles 7, et. seq., Laws of the State of New York. Click “EPT” to access the Chapters relating to Estates, Powers & Trusts. Article 7, et. seq. relate . . . → Read More: New York: Laws of New York State, Estates, Powers & Trusts, Articles 7, et. seq.

Living Trusts – California

By Editor, on October 28th, 2010

Information posted for the public by the Superior Court of California, County of Santa Clara, Probate Court. Contains basic consumer information on Living Trusts, what they are, advantages, most common types, and other frequently asked questions. Caution: A a . . . → Read More: Living Trusts – California

Texas: Texas Statutes, Property Code, Title 9 – Trusts

By Editor, on October 28th, 2010

Texas: Texas Statutes, Property Code, Title 9 – Trusts, Texas Constitution and Statutes official website, Note: These links are for information only. A Texas trusts lawyer must be consulted for advice if your loved one lives in Texas and . . . → Read More: Texas: Texas Statutes, Property Code, Title 9 – Trusts

California: Fact Sheet: Durable Powers of Attorney and Revocable Living Trusts

By Editor, on October 28th, 2010

California: Fact Sheet: Durable Powers of Attorney and Revocable Living Trusts, Family Caregiver Alliance, reviewed and revised 2001 by Charlie P. Sabatino, Assistant Director, Commission on Legal Problems of the Elderly, American Bar Association. Discusses questions and answers concerning . . . → Read More: California: Fact Sheet: Durable Powers of Attorney and Revocable Living Trusts

Living Trusts – State by State

By Editor, on October 28th, 2010

Make a Living Trust in Your State: Select your state to learn about your state’s laws, by Nolo.com. Links to all of the 50 U.S. States with information written by a Nolo attorney on each State’s laws and requirements . . . → Read More: Living Trusts – State by State

Estate Planning: an overview

By Editor, on October 28th, 2010

Estate Planning: an overview, Cornell University Law School, Legal Information Institute. A basic overview of the process of estate planning, with links to additional basic information on Estates and Trusts, Federal Gift Tax, and Estate Tax, as well as . . . → Read More: Estate Planning: an overview