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Archives for August 2016

Jeyaram & Associates and The Calbos Law Firm Create a One-Stop-Shop for Special Needs Families

Special Needs Law Firm: IEPs, 504 Plans, Special Needs Trusts, GuardianshipCreating the first of its kind in Georgia, Jeyaram & Associates and The Calbos Law Firm are collaborating to provide a one-stop shop of legal services for Georgia families with special needs children.

The two Georgia-based law firms are working together to provide comprehensive legal services and advice for parents and caregivers who need help with:

  • IEPs
  • 504s Plans
  • Education Mediation and Litigation
  • Guardianship
  • Katie Beckett Appeals
  • Medicaid
  • Special Needs Trust Planning
  • Advance & Medical Directives
  • Medical and Durable Power of Attorneys

Both firms have a long history of  advocating for special needs children and ensuring they receive the medical and educational benefits they deserve and need. While both firms have obtained excellent results for their clients separately, together they bring more than 70 years of combined legal experience and offer comprehensive legal services to special needs families and serve as a formidable opposition to government entities.

Jeyaram & Associates and The Calbos Law Firm have extensive professional and personal experience and expertise in helping families with special needs children and are active in the special needs community.

Mr. Jeyaram has a special needs son and Principal Christy Calbos of The Calbos Law Firm has three special needs family members.

Because the two firms are active in the special needs community, they are able to connect families with other professionals and experts who are committed to and specialize in helping special needs families. From financial planners to CPAs and more – the firms have built an extensive and trusted network to help special need families.

About The Calbos Law Firm

Ms. Calbos brings unique expertise and experience to the firm by having represented multiple county school districts prior to representing families with special needs children. She has an intimate understanding of schools’ perspectives as well as families with special needs students. Currently Ms. Calbos represents special needs students for students age 3 to 22 in public schools by ensuring they receive appropriate education and services through IEPs and 504 Plans.

About Jeyaram & Associates

Mr. Jeyaram’s experience as a former Georgia Administrative Law Judge and his current healthcare and estate planning legal practice give him a distinct advantage in helping families navigate the complex government maze for benefits. Mr. Jeyaram has helped more than a 100 families overturn Katie Beckett denials, as well as create Special Needs Trusts to protect their special needs children’s current and future benefits and assets.

 

DJ Jeyaram Quoted in Leading National Medicaid Publication

Screen shot 2016-08-26 at 2.03.18 PMDJ was quoted in the national “Part B News” publication – a leading industry information source for healthcare practice managers and physicians.

Check out DJ’s quotes below in the article: “Negotiate For Patient Record Access When Rival Practices Close:”

Negotiate For Patient Record Access When Rival Practices Close

Increase your patient census and practice revenue when a nearby practice closes by striking a deal for limited access to patient records without paying for the privilege.

In fact, in some cases, the closing practice may pay you.

One of the valuable tangible assets of a practice sale is the patient records that come with it. While the purchaser can’t under HIPAA treat these records as their own until the patients affirm via signed waivers that they want to adopt the new provider, the fact that the buyer is holding the records provides an enormous incentive for them to do so.

It isn’t necessary for the buyer to purchase the entire assets of the practice either, notes Patrick Stanley, an attorney with Comitz | Beethe in Scottsdale, Ariz. Patient records may be included in a limited asset purchase agreement. As with a complete purchase, the retiring practice would then give patients notice and direct them to the purchaser to retrieve their records or, if they choose, continue their care with the new practice. Remember that the patients would have to sign on and have the final say. Note: Laws on the disposition of medical records may vary by state.

How to take custody of records

Vasilios “Bill” Kalogredis, chairman of the health law department of Lamb McErlane in West Chester, Pa., says he has negotiated several arrangements between practices that were closing down and practices that wanted to pick up their patients.

“I see this a lot,” says Kalogredis. “A solo practitioner is retiring and he can’t sell the practice, or he’s leaving one state for another. Hospitals and other practices may not want to buy, but they’re interested in the patients.”

Propose a “custodial” arrangement if buying the practice or part of it is too rich for your blood. In that case, your practice just takes responsibility for the safe- keeping of the other practice’s records. Under such an agreement, when the retiring practice gives notice to its patients, it also would inform them that they can retrieve their records from you and that you also are available to provide continuity of care.

The custodial agreement also should address the length of time that the records will be retained, says D.J. Jeyaram, owner and health care attorney at Jeyaram & Associates in Atlanta.

Consult your legal counsel and malpractice insurance carrier before entering into an agreement to make sure you’re handling things properly from the legal and ethical perspectives, Kalogredis suggests.

Some practices may even receive a fee for accepting this responsibility. But note that while receiving a fee for the storage of medical records would be kosher, an arrangement whereby you pay a fee for the right to store the records “could be seen as remuneration for referrals under the federal anti-kickback statute or its state equivalents,” says Jeyaram.

Mind HIPAA rules

Note that in a custodial arrangement, you would be only holding the patient records — they’re not really your records unless and until the patient releases them to you. “HIPAA only allows for the exchange of protected health information (PHI) without a written release if the transfer is between current or prior health care providers for the purposes of providing treatment,” says Jeyaram.

In this circumstance, under HIPAA, you would be a business associate (BA) of the transferring practice that remains the covered entity, says Jeyaram, and you should execute a business associate agreement (BAA) (PBN 7/11/16).

The BAA, which ensures HIPAA compliance in the transfer and storage of records, should be referenced in the custody agreement, Jeyaram says.
Note that though it varies by state, responsibility for retention of medical records is usually seven years or longer; be prepared to follow through on that if you accept responsibility.

Remember: A custodial arrangement gives you a good shot at inheriting these patients, but it’s not “exclusive” — in some states and under some contracts, other providers from the closed-down practice may take their patient lists with them and reach out to these patients too. In the end, it’s always the patient’s choice (PBN 5/2/16). — Roy Edroso (redroso@decisionhealth.com)

Visit http://pbn.decisionhealth.com/ to learn more.CompressedPartBNewsNegotiatePatientRecords8.16-min.pdf”CompressedPartBNewsNegotiatePatientRecords8.16-min.pdf”

Guardianship: Is It The Right Choice When Your Special Needs Child Turns 18?

Guardianship Special Needs

In most states, a parent is deemed to be the legal guardian of his or her child until their child turns 18. Up until that point, parents make all the medical, financial, educational and day-to-day decisions for their children.

However, once your child turns 18, he or she is legally considered an adult and your authority to make decisions on your child’s behalf stops. This usually isn’t an issue, unless you have a special needs child that may not be ready or able to make good decisions about their care.

Following is a discussion of some options of what you can do when your special needs child turns 18.

Guardianship

With guardianship of your child, you have the legal authority to make decisions about your child’s healthcare, housing, food, clothing, and other subjects that affect your child such as decisions about a their income, property, public benefits and other financial matters.

Guardianship is not automatic. And when your child turns 18, parents (or an adult willing to oversee your child’s care) must petition the court for guardianship.

However, not every child who has disabilities needs to have a guardian. With appointed guardians, your child loses a great deal of independence. Your child will no longer be able to make decisions about their personal life, health care, financial or legal matters.

Alternatives To Guardianship

Most state laws require that guardianship only be imposed only when less restrictive alternatives would not best benefit and protect the child.

Following are a few examples of less restrictive alternatives to guardianship.

Conservatorship

If your child has the capacity to make some decisions, an option to consider is Conservatorship. The individual appointed to serve as Conservator manages your child’s property and financial affairs. Most other decisions are left up to the child.

Power of Attorney

Power of attorney is given to a responsible adult (ex. a parent) that acts on your child’s behalf on financial, legal or business matters but the child still retains the right to act on his or her own behalf.

Representative or Protective Payee

If your child receives Social Security, benefits from the Veteran’s Administration, Railroad Retirement, welfare or other state or federal benefits, the Court can appoint someone to help manage their payments from these entities. All other decisions are left up to your child.

Factors To Consider When Making This Decision

It’s important to take into consideration several factors when deciding whether your child needs a guardian or some other form of support.

  • Your child’s ability to make sound decisions, including understanding the effect and consequences of his her decisions and actions
  • Your ongoing need to be involved in your child’s medical care
  • Your need for continued oversight over your child’s financial affairs
  • Your child’s needs and wants
  • Your child’s ability to communicate his or her needs
  • Your child’s level of independence with respect to self-care (ex. feeding, dressing, bathing, etc.)
  • Whether your child will require outside support such as assisted living or a home health assistant

When To Make A Decision

The conversations and decisions about how your 18-year-old child should be cared for need to happen BEFORE he/she turns 18. These conversations are not easy. In fact, they’re very difficult and there are many variables to consider. As a result, it’s important to start thinking about your child, his or her needs and long-term well-being now.

We Can Help

Although we cannot make the decision for you about what’s the right answer for you and your family, we can guide you through the decision-making process and help you with the legal aspects. I can be reached at DJ@JeyLaw.com or 678.325.3872 for a free initial consultation.