Sheri R. Abrams's Blog, page 13

Clarification of Allowable Medical Records Fees under HITECH Law

The following is a clarification of Allowable Medical Records Fees under HITECH Law.

Under the Health Information Technology for Economic and Clinical Health (HITECH) Act, healthcare providers that maintain electronic medical records are required to provide them to third parties, for the actual cost of production within 30 days of the written request.

Psychotherapy records are excluded from HITECH.

HITECH requests must be signed by the patient indicating that it is a patient’s request for med...

The Letter of Intent as a Part of Your Special Needs Planning

The documentation that you create with your Virginia Special Needs Planning lawyer should be quite detailed and will take an incredible amount into consideration, but it will likely not cover every possible concern or wish you may have for your child’s future care.  For that purpose, many parents work with their lawyer to create a Letter of Intent.

The Letter of Intent is more along the lines of a personal letter, rather than being a more formal legal document.  It is used to supplement the S...

Special Needs Trust or ABLE Account? A Virginia Special Needs Planning Attorney Helps You Decide.

Families with disabled loved ones have had to walk a very fine line for many years. There is often a delicate balance between providing their family member with the most comfortable life possible, while also ensuring that extra assets or income don’t jeopardize their loved one’s eligibility to receive essential government benefits like Medicaid and Supplemental Security Income (SSI).

For years, the most effective way to achieve this balance was to set up a Special Needs Trust.  But, in 2014,...

Should I Disinherit My Child with Special Needs and Leave the Money to Siblings Instead?

For many children with special needs, access to government programs is critical to their overall well-being. However, programs like Medicaid and Supplemental Security Income (SSI) are needs-based, and any money given to a child with disabilities could cause them to become ineligible for the benefits he or she depends on.

This presents an issue for parents who want to leave an inheritance to their child with disabilities when they die.  How can they make sure to leave behind enough money and a...

Fairfax Special Needs Planning Lawyer: Be Careful When Fundraising for a Person with Disabilities

With the creation of easy-access fundraising tools like “GoFundMe,” more and more people are inadvertently causing problems for the disabled person they are trying to help. Raising money for someone who depends on government programs like Medicaid or Supplemental Security Income (SSI) could cause the disabled person to go beyond income thresholds and jeopardize their access to services that they need.

Before collecting money for a disabled loved one, make sure that a proper Special Needs Trus...

Service Animals Permitted in Fairfax County Public Schools (FCPS) Buildings

FCPS permits service animals access in all its public areas, to include schools, in accordance with federal and state law. A service animal has been individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. A service animal is not a pet, and the work or tasks performed by a service animal must be directly related to the individual’s disability.

Generally, therapy an...

U.S. Access Board Webinar: Looking Ahead – “Frontier Accessibility Issues” (December 7)

The next webinar in the U.S. Access Board’s free monthly series will take place December 7 from 2:30 – 4:00 (ET) and will review new design trends, products, and technologies that impact or advance accessibility for people with disabilities. Examples include mobility devices used on commercial airlines, inclusive exercise equipment, adult changing tables, autonomous vehicles, and wayfinding technologies.

Visit www.accessibilityonline.org for more information or to register for the webinar. Qu...

It’s Now Easier to Enroll in ABLE Accounts in Virginia and Nationwide

Parents and guardians of ABLE-eligible adults have asked for an easier way to open their loved one’s ABLE accounts in Virginia.   I am happy to report that major improvements have been made to the enrollment process.

Now, parents may open an ABLE account for their child of any age.

ABLE Accounts can also now be opened by Authorized Representatives who have Legal Guardianship, but do not have Conservatorship.

For more information on this rule change:  see https://www.able-now.com/resources/new...

Special Needs Trusts Do More Than Protect Government Benefits

Parents of children with special needs often wait until their child turns 18 to consider creating a Special Needs Trust. Sometimes they wait even longer until the time when the child requires government benefits like Medicaid or Supplemental Security Income (SSI). However, Special Needs Trusts can do a lot more than just protect the disabled child’s access to government benefits.  Here are a few of them:

Estate planning

The best reason for creating a Special Needs Trust before your child tur...

Fairfax Virginia Special Needs Planning Lawyer: Name a Guardian, and Back-Up Guardians, Who Can Help Your Child with Disabilities After Age 18

As you probably know as a reader of my blog, I actively promote naming guardians for your children. It is critical to be sure that someone is on standby to raise your child if the unexpected happens. The more you plan, the better your chances are that your child will continue to thrive even if you cannot be there. For parents of children who have special needs, the need for a guardian often goes well beyond the age when the child is legally an adult in the eyes of the law. As a Fairfax Virgin...