“Poor, disabled, and otherwise disadvantaged Tennesseans should not require luck, perseverance, or zealous lawyering to receive healthcare benefits they are entitled to under the law.” - Waverly D. Crenshaw, Jr., United States…
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/ Civil Rights, Constitutional Law, Health
Much of the southeast of the United States is still recovering from devastating hurricanes (Helene and Milton) that impacted the region in the past month, affecting thousands of people. Citizens affected by the damage caused by…
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/ Administrative Law, Health
October is Breast Cancer Awareness Month. In 2024, an estimated 310,720 women will receive an invasive breast cancer diagnosis in the U.S., and 16% will be in women younger than 50 years of age. See Breast Cancer Facts and…
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/ Health, Labor & Employment Law, Law Practice Products & Services
I had always planned to attend law school, but life events delayed my entry until my kids had both started high school. I was 43 years old. Fortunately, my very supportive law school allowed me to stretch the coursework over…
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/ Health, Law Practice Products & Services
I have recently begun experimenting with using AI, which stands for “Artificial Intelligence”, to help me in my day-to-day work. I will explain how I use it and how I don’t use it, but first two things..…
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/ Civil Procedure, Law Practice Products & Services, Science, Computers, & Technology
As one of the more toxic topics in the United States political and social realms, healthcare, and the debt associated with it, is always at the tip of most people’s tongue. Whether eagerly waiting to argue for proposed changes…
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/ Bankruptcy, Consumer Protection, Finance & Banking, Health
There isn’t a more eloquent way to frame it—sometimes we find ourselves buried deep under a pile of unfinished work, pushed aside obligations, and other good intentions. It happens at work, at home, and our personal lives. It is…
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/ Law Practice Products & Services
Last month’s overturn of Chevron deference is widely expected to bolster the skilled nursing facility industry’s challenge to the newly imposed minimum staffing mandate. On May 10, the American Health Care Association (“AHCA”)…
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/ Administrative Law, Labor & Employment Law, Health
On June 28, 2024, the Supreme Court made a sharp about-face from a doctrine that has governed administrative law for decades, overruling the “Chevron deference” doctrine with its decisions in Loper Bright Enterprises v. Raimondo…
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/ Administrative Law, Health
For skilled nursing facility residents applying for long-term care Medicaid benefits, under federal regulation, all state agencies are required to issue an eligibility determination on the application within 45 days of the date…
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/ Administrative Law, Health
The Consumer Financial Protection Bureau (“CFPB”) is poised to take medical debt off the table for creditors when evaluating a consumer’s eligibility for credit. As it is currently enacted, Regulation V of the Fair Credit…
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/ Consumer Protection, Finance & Banking, Health
In our day-to-day work representing skilled nursing facilities, we are regularly asked by our clients to assist in securing Medicaid benefits for their residents. This often entails seeking the cooperation of the resident or…
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/ Commercial Law & Contracts, Health, Insurance
On May 22, 2024, the Centers for Medicare and Medicaid Services (“CMS”) announced that it would be implementing updated 2024 spousal impoverishment standards that will take effect on July 1, 2024…
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/ Administrative Law, Health, Insurance
As a lawyer, I have exclusively represented long-term care healthcare providers for over ten years. I have gained useful insight into how people plan—or, in many cases, fail to plan—for the possibility that they may need…
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/ Health, Insurance
On April 22, 2024, the Centers for Medicare and Medicaid Services (“CMS”) announced that it had issued several new rules affecting Medicaid beneficiaries and skilled nursing facilities. Most important to skilled nursing…
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/ Administrative Law, Health, Labor & Employment Law