August 2017

Hospice services sufficient evidence that child met institutional level of care criteria

Evidence that a child born with a terminal condition received hospice services from a skilled professional at home during the one month he was alive was sufficient to show that he received skilled nursing services of the requisite amount and duration for him to qualify for Medicaid under Katie Beckett.

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Durable power of attorney for healthcare is not equivalent to advance directive

Staff members of a personal care home (PCH) did not perform CPR on a resident upon discovering him unconscious.  The owner of the PCH argued that its staff members were not obligated to perform CPR because the resident had a durable power of attorney for healthcare appointing his son, and the applicable rules did not

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Transfer penalty must be applied month of asset transfer or date of Medicaid eligibility

After she received a $41,000 lump-sum settlement in a lawsuit, a nursing home resident made a gift of $23,724.  She simultaneously loaned $16,000 to her daughter, who executed a promissory note obligating her to repay the sum in monthly installments for the resident’s nursing home care. When the resident notified the Division of Family and

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Officer’s POST certificate revoked after she abandoned her post to have an inmate perform cosmetic services on her.

The Peace Officer Standards and Training (POST) Council appropriately revoked the POST certification of a corrections officer after she abandoned her assigned post at Hancock State Prison in order to have an inmate perform unauthorized cosmetic services on her elsewhere in the facility.

Officer’s POST certificate revoked after she abandoned her post to have an inmate perform cosmetic services on her. Read More

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