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Full-Text Articles in Law

America Is Selling Its Seniors Short, Constantine N. Katsoris Jan 2019

America Is Selling Its Seniors Short, Constantine N. Katsoris

Faculty Scholarship

No abstract provided.


Watching Out For Grandma: Video Cameras In Nursing Homes May Help To Eliminate Abuse, Tracey Kohl Jan 2003

Watching Out For Grandma: Video Cameras In Nursing Homes May Help To Eliminate Abuse, Tracey Kohl

Fordham Urban Law Journal

This Comment examines the arguments for and against the proposal to grant nursing home residents and their guardians a legal right to install video cameras for protection. Part I discusses the current state of federal nursing home regulation. It focuses on the problems impeding effective enforcement of these regulations that have led to the current crisis in nursing home quality of care. Part II examines how the proposed video surveillance might affect various privacy interests within a nursing home setting. Part III addresses the economic concerns of granny cam opponents. Part IV concludes that with careful drafting, federal legislation requiring …


Conservatorship: A Viable Alternative To Incompetency, Allen Federman Jan 1986

Conservatorship: A Viable Alternative To Incompetency, Allen Federman

Fordham Urban Law Journal

The Article presents a general introduction to the concept of conservatorship, which is utilized to protect and care for the assets of impaired, but not adjudicated as incompetent, individuals. The Article gives an overview of the legislative history leading to the enactment of Article 77 of the New York Mental Hygiene Law and it explores some of the alternatives to conservatorship by discussing the benefits and disadvantages that the alternative processes provide to the impaired individual, the conservatee. The Article also discusses the role the conservator plays in the appointment and termination processes, how the conservator goes about marshaling the …


Mandatory Reporting Of Elder Abuse: A Cheap But Ineffective Solution To The Problem, Dyana Lee Jan 1986

Mandatory Reporting Of Elder Abuse: A Cheap But Ineffective Solution To The Problem, Dyana Lee

Fordham Urban Law Journal

During the past decade physicians, social workers, and the media have sought to inform the American public that many elder adults are being maltreated by in-home caretakers. As a result of articles and reports identifying potentially large numbers of cases, society is slowly accepting the fact that this form of family violence exists. This growing awareness has caused a legislative response which has focused on increasing the reporting of potential abuses. Since 1977, thirty-nine states have enacted legislation providing for the reporting of in-home adult or elder abuse. Seldom has a specific kind of legislation received such popular support and …


Case Note: Constitutional Law - Fair Hearing - A Provider Of Services Has A Right To Challenge A Determination Of Medicaid Benefits For Its Patients, Leonard J. Morreale, Jr. Jan 1977

Case Note: Constitutional Law - Fair Hearing - A Provider Of Services Has A Right To Challenge A Determination Of Medicaid Benefits For Its Patients, Leonard J. Morreale, Jr.

Fordham Urban Law Journal

In this case note, Leonard J. Morreale, Jr. analyzes Peninsula General Nursing Home v. Sugarman, 57 App. Div. 2d 268, 394 N.Y.S.2d 644 (1st Dep't 1977). Jacob Stupler, an alleged indigent, was enrolled in the federal Medicare program which reimbursed the petitioner, Peninsula General Nursing Home, for the cost of medical care and services rendered to him. When federal benefits were terminated, petitioner promptly applied for Medicaid coverage on behalf of Mr. Stupler pursuant to the New York State Medical Assistance for Needy Persons Plan. The Social Services Department of the City of New York denied the application because Mr. …