John Gear Law Blog
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John Gear Law Office -
Since 2010, a values-based Oregon law practices serving consumers, elders, employees, and nonprofits & is only licensed to practice law in Oregon. Our blog is a free resource for you. Here, you can find answers to your frequently asked questions, and news articles & uncover the critical steps of the legal process, and learn more about specific types of accidents and..
John Gear Law Blog
1y ago
https://www.propublica.org/article/how-to-research-your-hospice-and-avoid-hospice-fraud
Since 1995, the Department of Health and Human Services’ Office of the Inspector General has published warnings and reports outlining the misuse of the hospice benefit. Last year, it listed hospice fraud as the government’s top area for criminal recoveries, after the pharmaceutical and home health sectors. “It’s an open secret that hospice is one of the poster children for fraud and abuse in Medicare,” said David Grabowski, a health policy professor at Harvard who serves on MedPac, the federal advisory pan ..read more
John Gear Law Blog
1y ago
If you drive for any ride-hailing company (like Uber or Lyft), here's something you must know:
In the words of one very experienced lawyer who represents consumers against insurance companies, ride-hailing service drivers "are risking everything by not purchasing a commercial use endorsement" to add to their own personal auto insurance policies.
That's because, despite recent improvements to PIP coverage, Oregon did not change the exclusion of personal vehicles used for commercial purposes from collision or liability insurance coverage under the driver’s own personal insurance policy. The ty ..read more
John Gear Law Blog
1y ago
On Veterans Day 2022, the National Park Service will unveil a lifetime pass providing free entrance to national parks for Veterans and their families.
The Interagency Military Lifetime Pass waives entrance fees for the National Park Service and the U.S. Fish and Wildlife Service, and standard amenity recreation fees for the Bureau of Land Management, Bureau of Reclamation, U.S. Forest Service and U.S. Army Corps of Engineers sites for current military service members and their dependents, Veterans and Gold Star Families.
Veterans and their families have free access to approximately 2,000 pu ..read more
John Gear Law Blog
1y ago
There is an alert sent to elder law attorneys that you might want to review if you are low income and are paying premiums for your Medicare Part D (Prescription) coverage:
Excerpts from the alert (available for download below):
"You May be Overpaying for Part D Prescription Drug Coverage"
"Every year hundreds of thousands of Medicare enrollees with the Low-Income Subsidy (LIS or “Extra" "Help”) overpay for Medicare prescription drug coverage. In 2021, for example, thirteen percent (800,000) of" "LIS enrollees were expected to pay an average of $27/month for Part D premiums in plan year 2022 ..read more
John Gear Law Blog
1y ago
Good piece from ProPublica on avoiding final rites ripoffs:
https://www.propublica.org/article/how-to-negotiate-funeral-costs-qa
Many people might be surprised to know that at least part of the death industry is regulated. What is regulated and what isn’t?
Let’s talk about the federal [rules] because that’s most important to the basics of what people need to know. There’s something called the Funeral Rule, a regulation from the Federal Trade Commission, which gives consumers particular rights, and they would be very wise to exercise these rights.
  ..read more
John Gear Law Blog
1y ago
Revealing National Public Radio piece on how many auto dealers operate.
https://www.npr.org/sections/money/2022/08/30/1119715886/inside-the-rise-of-stealerships-and-the-shady-economics-of-car-buying
Recently, my truck was stolen, forcing me to get some new wheels. And, for the first time in my life, I've been looking to buy a new car. The process has involved hours of searching. Painful haggling. And encounters with many dealerships that, quite frankly, have been downright duplicitous. The whole thing has been kind of a nightmare.
Cars are, of course, expensive, especially with the supply cha ..read more
John Gear Law Blog
1y ago
After a decade of research, the Federal Trade Commission has issued draft rules to combat the plague of auto-dealer misconduct throughout the sales process. You can help make sure the FTC adopts the strongest possible version of the rules by telling the FTC about your car-buying experiences. The car dealers lobby will be pushing back against pro-consumer rules, so we need everyone who has been subjected to abuse from a car dealer to build the strongest possible case about why the strongest possible rules are so vital.
So, please, if you have ever had a bad experience buying a car, turn ..read more
John Gear Law Blog
1y ago
Agency Order Requires Grill Maker to Fix Warranty and Come Clean with Customers
July 7, 2022
The Federal Trade Commission is taking action against grill maker Weber-Stephen Products, LLC, for illegally restricting customers’ right to repair their purchased products. The FTC’s complaint charges that Weber’s warranty included terms that conveyed that the warranty is void if customers use or install third-party parts on their grill products. Weber is being ordered to fix its warranty by removing illegal terms and recognizing the right to repair and come clean with customers about their ability t ..read more
John Gear Law Blog
1y ago
Sad news, friends.
If you are a victim of identity theft, if they manage to get money out of your bank, investment, or retirement accounts, you are probably never getting that money back.
You can go to IdentityTheft.gov for a good checklist of things to do if you've been a victim, but they don't suggest anything to help you get the bank or investment broker to take mercy on you and make you whole. (Indeed, from their point of view, if they started paying off on identity theft claims, they would multiply exponentially as people would not take precautions against identity theft.)
If you are ..read more
John Gear Law Blog
1y ago
Consumers' Checkbook, a consumer-oriented site, has a very good article on "certified" used cars -- if you are considering one, you will want to read the whole article carefully before you go shopping. Short excerpt below ...
https://www.checkbook.org/puget-sound-area/used-car-certifications-often-not-meaningful/
Used-Car Certifications Often Not Meaningful
by Anthony Giorgianni
Last updated May 2022
Dealers promise rigorously inspected rides and peace-of-mind warranties, but we found some consumers get rebuilt wrecks and even a former crash-test vehicle.
Most used-car shoppers find the pr ..read more