(844) 815-9632


When Is It Illegal for a Nursing Home to Evict Residents?

There are broad legal protections for nursing home residents. Federal and state laws prevent nursing homes from arbitrarily evicting patients, a process called 'involuntary discharge.' Yet complaints about wrongful nursing home evictions are rising. It's a problem that wraps up the care needs of resident patients with the difficult realities of running a nursing home. Prohibited Nursing Home Evictions Federal law protects against abusive nursing home practices, including unjustly evicting sick patients. Often complaints center on homes making room for more desirable (paying) patients, which is prohibited under law but affects a home's bottom line. Nursing homes are required to ensure that discharged patients have someplace to go as well. These federal requirements are tied to a nursing home's receipt of Medicare and Medicaid certification and funds -- which are important to the industry's credibility and business viability. Federal enforcement of violations is out there. Many states have similar legal protections and enforcement agencies. Protecting Nursing Home Rights While legal protections exist, it's important to understand their limits. Nursing homes can involuntarily discharge patients in specific situations. Patients whose needs can't be met or whose presence poses risks to other patients can be discharged. Failure to pay is another reason. It's not uncommon for patients to come in on Medicare only for their benefits to run out. When that happens, costs aren't covered and eviction becomes possible. Wrongful Evictions: What to Do? You and your loved ones have rights against wrongful eviction from a nursing home. You can file a complaint with a federal or state regulatory agency, or else contact a local elder law attorney for help. Related Resources Find Elder Law Lawyers Near You (FindLaw's Lawyer Directory) Nursing Home Residents: 5 Legal Rights (FindLaw's Law & Daily Life Blog) Protecting Nursing Home Residents from Eviction (FindLaw's Learn About the Law) As Nursing Homes Evict Patients, States Question Motives (NPR)
continue reading

Current Happenings by and for Women in White Collar Defense

Amy Greer from Morgan, Lewis & Bockius represented three AIG affiliates in 9.5 million settlement with the SEC. According to the charges, the AIG affiliates steered mutual fund clients toward more expensive share classes, which resulted in them collecting approximately $2 million in extra fees.  The firms entered a settlement where they neither admitted nor denied the charges. They agreed to the disgorgement of the two million dollars in fees, plus interest and 7.5 million in penalties.    Catching Up with Other Women White Collar Criminal Defense Lawyers I recently attended the ABA White Collar Conference in San Diego, which resulted in some great opportunities to connect with other women in the field. The annual Women White Collar Defense Association had its annual event in La Jolla the day before the conference began. The ABA Women White Collar Subcommittee also held a reception for women white collar lawyers on the first night of the conference. There was also a fascinating panel discussion titled “Women in the Courtroom: a View from the Jury Box,” which presented a new study on the role of gender in the courtroom and its effect on jurors, which I hope to highlight in the future. Sally Yates Discussed the Infamous Yates Memo The ABA 30th Annual National Institute on White Collar Crime Seminar included an important question and answer style interview with Deputy Attorney General Sally Yates about the now famous “Yates Memo.” In her Q&A Sally Yates appeared open and approachable in her effort to directly address some of the questions and concerns about the new policy.  At one point she comically noted that she wasn’t comfortable calling the new policy the “Yates Memo,” and preferred to call it the individual culpability memo.  It is a must listen to for anyone working in the white collar defense sector – you can listen to it here. Caldwell Denies Certification Requirements Finally, although I missed it in person, there were reports that Leslie Caldwell rejected media statements that the Department of Justice would soon require corporations to certify they disclosed all information about individual culpability before they would be granted cooperation credit. In her remarks during the conference, Caldwell denied that any certification requirement was being planned for the future. Read what others lawyers present reported here. The post Current Happenings by and for Women in White Collar Defense appeared first on Women Criminal Defense Attorneys.
continue reading

Lifeguards and Liability: 3 Things Swimmers Should Know

Lifeguards may seem like towering figures with their tall posts and zinced noses, but they can be liable for swimming injuries and deaths when they make mistakes. For this reason, lifeguards are required to be certified and trained to deal with common emergencies that occur in and around pools. Different states' safety standards are not always identical, but they form a general patchwork of legal liability for when lifeguards falter in their duties. For swimmers, here are three things you should know about lifeguard liability: 1. Lifeguard Duties, Certifications Are Regulated by State Law There is no federal standard for how lifeguards need to be trained and certified, but most states have statutes which require Red Cross lifeguard and CPR training (or their equivalents) before an applicant can work as a lifeguard. For example, Texas requires lifeguard, CPR, and community first aid training for all lifeguards on duty, and where lifeguards are provided, no swimmers can be present in the pool unless a lifeguard is on duty. States may also define what a lifeguard can do in terms of their on-job duties. California limits on-duty lifeguards to perform no duties "other than to supervise the safety of participants in water-contact activities." 2. Standards Are Higher for Lifeguards Because of this web of legal requirements woven by state laws, lifeguards are often held to a higher legal standard when a person is injured or dies under their watch. In injury cases involving negligence of an average person, the law asks only if that person acted in giving the same care as a reasonable person might under those circumstances. Injured? Exercise your legal rights. Get in touch with a knowledgeable personal injury attorney in your area today. Those who belong to professions which have specific training related to injury, like lifeguards, are held to a different standard of care: How a reasonable lifeguard would have acted under the circumstances. This may lead a court to find a lifeguard negligent in providing aid when a reasonable lay person may have acted the same way. 3. No 'Good Samaritan' Protection Unlike most people, on-duty lifeguards do have a legal duty to rescue and provide emergency aid to those in need -- it's pretty much their main jobs. For this reason, "Good Samaritan" protections do not provide lifeguards legal cover for mistakes or negligence on the job that leads to injury or death. If you feel like you or a loved one has been injured by a lifeguard, contact a personal injury attorney today. Related Resources: 'Delayed drowning' or heart failure: Suit over Liberty High School student death heads toward trial (The Express-Times) FL Lifeguard Fired Over Liability Concerns (FindLaw's Free Enterprise) Lifeguards Fired for 'Gangnam Style' Parody (FindLaw's Law and Daily Life) Beach Injuries: Who is Responsible? (FindLaw's Injured)
continue reading