Health Facility Facility Case Victories Archives - Genser Cona Elder Law

Category Archives for Health Facility Facility Case Victories

Genser Cona Elder Law Achieves Successful Settlement for HCF in Complicated Collections Case

Genser Cona Elder Law represented a health care facility in a complicated collections action with a significant six-figure outstanding balance, which was growing by several thousands of dollars each month. In early 2019, a terminally ill resident was placed at the facility with the assistance of his wife, who executed the facility’s Admission Agreement promising to utilize her access to her husband’s […]

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Litigating against Genser Cona Elder Law

Litigating against Genser Cona Elder Law: Court Declares Medical Staffing Agency “Gambled and Lost”

Subsequent to the skilled nursing facility’s termination of its contract with a temporary staffing agency (“Plaintiff TSA”), it inadvertently permitted a per diem nurse, previously employed and placed by Plaintiff TSA at said facility, to provide services through the facility’s current staffing agency. Plaintiff TSA, upon becoming aware of said placement, filed suit against the […]

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$157,300 Recovered from Long Term Care Insurance Policy

FactsA now-deceased resident had a large outstanding balance due. Genser Cona Elder Law was retained to pursue Medicaid eligibility. While securing all necessary documentation for the Medicaid application and pending Fair Hearing, a Long Term Care Insurance policy was discovered. It became clear from the financial documentation that the former resident was not eligible for […]

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$246,000 Recovered from New York State Comptroller via Unclaimed Funds

Facts​The Guardian of an Incapacitated Person residing in a Skilled Nursing Facility was required to marshal all assets, pay debts, and apply for Medicaid. The Guardian was aware that there had been some stock holdings, but was unsure of how many and where they were held. After launching a thorough asset investigation, Genser Cona located […]

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$120,000 Recovered via a Zero NAMI Budget

Facts​Genser Cona Elder Law was retained to stop the theft of a resident’s NAMI at the hands of her daughter/Power of Attorney. The outstanding balance at the time of referral was in excess of $100,000 and growing monthly. Shortly after the referral of this matter, when it became apparent that the initiation of a collections […]

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$306,000 in Medicaid Benefits Secured via PRUCOL

Facts A resident of a skilled nursing facility could not verify his identity or prove his citizenship. His Medicaid application was denied 3 times and the balance due was over $300,000. Genser Cona Elder Law immediately requested a Fair Hearing and began working with an international genealogical search company to find his place of birth. […]

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$255,000 in Medicaid Benefits Secured via Guardianship

Facts​A Guardianship proceeding was commenced by the skilled nursing facility on behalf of a resident. Medicaid failed to provide benefits under “conditional approval” or “provisional benefits” upon the commencement of the Guardianship proceeding as required by statute.  The facility’s attorneys failed to take adequate action to secure Medicaid benefits. More than a year later, after […]

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Collections - Lien on Real Property

$156,000 Collected by Facility from Real Property

FactsNursing home resident had a balance due of over $122,000, which balance was growing at the rate of approximately $12,000/month.  The resident had no payment source but owned a home in the community. The family advised that they would be selling the home but they refused to provide any information regarding the sale and would […]

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