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Proactive Legislation And The Inclusion Of Seniors In Our Society Are Steps To Protecting Them Against Predators

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Posted by: National Association to Stop Guardianship Abuse

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Proactive Legislation And The Inclusion Of Seniors In Our Society Are Steps To Protecting Them Against Predators

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A disturbing aspect of an  elder law and trusts and estates practice is the discovery of elder abuse. According to the National Institute on Aging, hundreds of thousands of adults over the age of 60 are abused, neglected, or financially exploited each year. Elder abuse includes physical, emotional, and sexual abuse in addition to neglect and abandonment.  The perpetrators are often relatives or friends who have influence over the individual who may be vulnerable due to illness, disability, or age. Sometimes the abuse occurs at the hands of caregivers, whether in the home or in a facility.

New York Senator Kirsten Gillibrand has introduced bipartisan legislation to help protect the elderly and infirmed by improving health care worker hiring practices in long-term care and medical facilities. Too often the elderly and infirmed are harmed as a result of the individuals working in the very facilities that are charged with helping rehabilitate them.

The Promote Responsible Oversight and Targeted Employee Background Check Transparency for Seniors Act, also known as “PROTECTS,” is an act that would expand access to the National Practitioner Data Bank for Medicare and Medicaid providers to conduct background checks on employees. Specifically, PROTECTS would include Medicaid/Medicare-certified skilled nursing facilities, home health agencies, hospice programs, and pharmacies.

The Act has been endorsed by the American Health Care Association and the National Association for Home Care & Hospice. The aforesaid Data Bank would reveal malpractice for potential employees and assist facility administrators in their hiring and consequently affect the standards of care.

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Hoaxes, Scams, and Your Medical Care

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Contributor & author: Marilyn M. Singleton, MD, JD, (California) board-certified anesthesiologist and President of Association of American Physicians and Surgeons  (see bio at bottom of release)

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April 9th, 2019

Hoaxes and scams have been dominating the news lately. We have a marginally known actor faking a hate crime supposedly to raise his Hollywood profile. His attempt to claw his way to the middle could have resulted in race riots, injury, and death. His punishment? All charges dropped.

The scandal about Hollywood and other elites buying their children’s way into top-rated universities really hit home. I remember when I had tutored some recent Vietnamese immigrants for a debate contest to win a scholarship for college. I could only hope that their hard work was rewarded and not wiped away by special favors bestowed on the “haves.”

Now we continue to have a slew of healthcare hoaxes: corporate stakeholders, legislators, and government agencies promise everything and have no accountability for their failure to keep their promises.

Take the large health systems’ claim that hospital consolidation and buying up physician practices would benefit consumers with cheaper prices from coordinated services and other unspecified savings. A major study of California hospital mergers found just the opposite. The analysis showed that the price of an average hospital admission went up as much as 54 percent. When the large hospital systems bought doctors’ groups, the prices rose even more. There was as much as a 70 percent increase in prices of medical services in geographic areas with minimal competition. This finding seems obvious to any of us who has the choice of shopping at Walmart or Target or Costco. More

Hospital Sponsored Guardianships: Another threat to the elderly, disabled and children

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Marti Oakley

2019 PPJ Gazette copyright ©

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“In the event that your family member or friend is being targeted by the hospital you do have a few options that may be of help, according to various BAR Union members. Of course these things are usually only available if you received due notice of hearing of the intention of the hospital to take your family or friend, prisoner. Still, filing these motions could stall out what is sure to be a dangerous state of affairs for the individual targeted.”

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As if the guardianship scams that target the elderly, children, the disabled and those chronically ill, most especially when there is a sizable estate involved by legal predators and equally predatory professional guardians was not enough, the medical industry is now entering into the game. Hospitals, whose only function is to care for the sick, are now openly engaging in the capture and hostage taking of individuals whom they claim are incapacitated. Never mind that their actions most likely caused any actual incapacity. Or most often, what is nothing more than a fraudulent statement claimed by those involved that an incapacity exists, when in fact, no evidence can be provided or will be provided to substantiate the claim.

In any of the instances sighted above, simply asking for a second opinion, or disagreeing with the doctors on types of treatments, medications or other intended services, can trigger a hospital initiated guardianship. In the case of children, disagreeing with doctors about diagnosis, treatment or other measures can result in the medical kidnapping of the child by the hospital.

In virtually all of these medical kidnappings for profit, no due process is observed and no notice of hearing is served. The individual is now a virtual prisoner taken hostage by the hospital, the doctors and the attorney’s. The guardianship is granted before anyone can object and the newly reclassified medical prisoner only finds out about their new classification, after the fact. They can no longer speak for themselves, refuse damaging medications, vaccines, surgeries or other needless or harmful interventions all predicated upon the bottom line profits of the hospital. The medical kidnappings are not about protecting the life of the medical prisoner, but rather leveraging the situation so that the hospital continues to profit. Once the deadlines loom on Medicare and Medicaid, or other insurance, the hospital will move quickly to ensure that their bottom line stays in the black, even if it is detrimental to the life of the patient. More

There’s No Place Like Home…Especially if they can take yours!

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Marti Oakley

 

Medicare Advantage: Only an advantage for those glorious “stakeholders”

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“It isn’t the patients who are bankrupting Medicare….its the service providers on all levels. If the states and insurance companies need to “recapture” their expenses…why not start with those who are gaming the system?”

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According to the US Census Bureau, annual home ownership rates between 1982 and 2017 shows the population of those 65 or older represented just over 80% of all homes owned. This statistic has made the elderly prime targets for estate theft by predatory guardians and attorneys, and now under Medicare Advantage, the state/insurance companies can attack the estate because for some reason they have to be able to recapture the costs of long term care that you financed to begin with.

Now, ask yourself why, after investing in Social Security and Medicare over your lifetime, and….having to pay in most cases exorbitant premiums each and every month once you retire, along with co-pays, deductibles and a host of non-covered services, what you could possibly owe to the state or the insurance company?

But under Medicare Advantage, the combining of Medicare and Medicaid, after you having invested a portion of your earnings over your working lifetime, paid premiums, co-pays, deductibles and paid taxes to support these healthcare programs, these “stakeholders”, the [state/insurance company] must recapture the costs associated with long term care you might have needed, once you pass away.

Now think about this. You worked all your life and invested in Social Security and Medicare. You paid income tax every year which helped pay for medical care for the poor called Medicaid. You bought your home and have been assessed property taxes every year just for doing so, and continue to pay property taxes while you remain there, and long after the mortgage has been paid off. If you hadn’t paid those property taxes they would have already taken your property from you!

Currently, the bills in each state covering this “recapture”, prohibit the state from seizing property if there is a surviving spouse living in or on the property. But once the surviving spouse dies or are themselves put into long term care, the state/insurance company can attack the estate in order to recover those costs. Even if there is joint tenancy or co-ownership of property by those who are not otherwise responsible for, or legally bound to the deceased, the state/insurance company has first rights to the assets. And this recapture takes place before any inheritance can be received by the beneficiaries of the estate. Of course there is no intention of anything to remain for heirs. More

TS Radio Network: Dialysis Advocates with Arlene Mullin #3

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Probate Courts: Criminal racketeering sanctioned by government revisited

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Marti Oakley (c)copyright 2018 All Rights Reserved 

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“This system of theft will continue until the entire estate has been stolen leaving the victim penniless. At this point, Medicare and Medicaid are used as the cash cow to cover medical expenses and the inflated charges of nursing, the doctors’ visits and vast amounts of medications are charged off to these services costing these services millions each year in padded billing. 

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One of the worst pseudo courts in the US is the system of probate courts.  Across the board, in absolutely every state is a so-called court system that operates for profit at the expense of any individual or family unfortunate enough to have any assets.  By law, upon death of the estate holder, all assets are seized by the court for distribution.  Supposedly these courts are charged with making sure all assets are distributed in the manner the decedent supposedly wanted yet it is estimated that 80% of heirs never receive their inheritance or receive only small portions of what was originally left to them as a result of the criminal racketeering that occurs in these courts.

Between the probate judge who has a financial interest against the estate collecting on average 6-7% of the estate nationally,(this is aside from his annual salary paid by the state and is assessed against each and every probate case in their courts) and attorneys who will land on the estates like a swarm of vultures and who misuse the courts to access the assets of the decedent while filing vexatious motions, charges and suits then charging hyper-inflated fees for these actions against the estate, there is little chance heirs will receive anything at all.

Probate begins when a person dies. The decedent’s last will and testament and death certificate are filed through probate court which sets this system of organized crime into motion. The will outlines the decedents’ final wishes including funeral arrangements and distribution of assets.

So how do living persons end up having their estates stolen by predatory guardians, crooked attorneys, and corrupted judges?  After all, probate is premised upon the individual having died.

You are dead in the law!

The most insidious motion filed in any guardianship case is the motion that creates the guardianship. This motion, once granted, removes all civil and constitutional rights of the person in question.  These people now do not even have the rights still afforded death row prisoners.  In effect these individuals now held prisoner by the predatory guardianship are “dead in the law” and the courts view them as if they are in fact, literally dead.  Dead people have no rights.

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Survival Prospects for ObamaCare in 2015

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new-logo25By Jane M. Orient, M.D.,

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“It may be years before a new beneficiary develops a serious illness and finds out that his policy is worthless.
• Come April, Americans will be having to tell the IRS about their insurance status, and pay an additional “tax” if it doesn’t meet requirements. Employers face onerous new reporting requirements come New Year’s Day, and the delayed employer mandate kicks in.”

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Now that Republicans have control of Congress, they could possibly keepObamacareHurt their promise to repeal ObamaCare—except for two immediate obstacles. One of course is the threat of the Presidential veto. Another is the already apparent willingness of craven politicians to surrender pre-emptively.

Once a government benefit is given, it becomes politically suicidal to take it back—at least in a way that people can see. There are likely a million or more Americans who are reveling in “having healthcare for the first time in their lives.” Or so the Administration’s messaging would have us believe. People are not yet onto the difference between having an insurance card and getting prompt medical attention. More

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