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Patient Self-Determination Act, 42 U.S. Code § 1395cc (f) & 42 U.S

WEBThe federal Patient Self-Determination Act, passed in 1990 and effective on December 1, 1991, requires most health care providers to provide information regarding …

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Involuntary Hospitalization and Treatment of Involuntary Patients

WEBThe court may order involuntary hospitalization for a period of up to six months. Georgia Rules and Regulations, Rule 111-8-40-.37 applies to psychiatric and …

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Resident’s Right to Be Informed of and Participate in Treatment

WEBThe resident has the right to be informed of, and participate in, his or her treatment, including: (1) The right to be fully informed in language that he or she can …

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Medicare’s Benefit Period and Spell of Illness Rule

WEBA benefit period is the period of time when Medicare provides coverage for a speficic claim. 42 C.F.R. § 409.60 states. (a) When benefit periods begin. The initial …

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Informed Consent and the Health Insurance Portability and

WEBNote 1: Georgia R&R. 360-14-.02(7) defines a “major region” as an entire arm, leg, torso, or any combination thereof. Georgia R&R. 360-14-.02(8) defines “major regional …

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Oregon’s Expanded Medicaid Estate Recovery Pulls Home Back …

WEBIn Department of Human Services v.Hobart, the Oregon Court of Appeals ruled, on March 2, 2022, that Oregon’s Medicaid agency could pull a Medicaid …

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Court Cannot Substitute its Judgment for SNT Trustee's Judgment …

WEBIn McGee v.State Dep’t of Health Care Servs., 2023 Ca. App. LEXIS 409 (Cal. Ct. App., 3d Dist. 5/24/2023), Diana McGee established a special needs trust …

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Georgia Medical Consent Law (O.C.G.A. § 31-9-1 et seq.)

WEBGeorgia has a default health-care decision making statute at O.C.G.A. § 31-9-1 et seq. In the absence of an advance directive, and when a patient is unable to make his or her …

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Resident’s Right to Reasonable Accomodation of Needs and …

WEBNursing home residents have a right to reasonable accomodation of needs and preferences. 42 C.F.R. § 483.10(e)(3) provides that the resident has a right to be …

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Georgia’s Medicaid Lien Attaches to Entire Recovery

WEBIn Richards v.Georgia Department of Community Health, 278 Ga. 757 (2004), a class of plaintiffs sued DCH contending that O.C.G.A. § 49-4-149 was illegal as …

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VA Announces Legal and Financial Planning Services are Now …

WEBOn April 25, 2023, the VA issued the following announcement: The Caregiver Support Program (CSP) is introducing a new nationwide service offering comprehensive legal …

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Health Care Advance Directives

WEBThat form and the statute incorporate the following defined terms ( O.C.G.A. § 31-32-2 ): (1) “Advance directive for health care” means a written document voluntarily …

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An Exception to Medicaid’s Anti-Trust Rules

WEBSpecial Needs Trusts – An Exception to Medicaid’s Anti-Trust Rules. Special needs trusts were designed as an exception to the Medicaid rule disfavoring trusts. [1] Disability …

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Resident's Right to Personal Possessions

WEB42 C.F.R. § 483.10 (e) (2) provides that the resident has a right to be treated with respect and dignity, including: (2) The right to retain and use personal possessions, …

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Irrevocable Trust was not an available resource when determining

WEBIn Geyen v.Commissioner of Minnesota Department of Human Services, 964 N.W.2d 639 (2021), Dorothy Geyen’s application for Medicaid was denied.In 2011, …

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What makes a signature valid in Georgia

WEBThe dictionary definition of “signature” is “a person’s name written in a distinctive way as a form of identification in authorizing a check or document or …

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Income for VA Purposes (IVAP)

WEBThe veteran is reimbursed $24.90 from the Veterans Health Administration. The POV mileage reimbursement rate specified by GSA is $0.565 per mile, so the transportation …

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Disabled Adults and Elder Persons Protection Act (Georgia)

WEBO.C.G.A. § 30-5-8. Criminal offenses and penalties. (a) (1) It shall be unlawful for any person or official required by paragraph (1) of subsection (a) of Code …

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