Thursday, January 30, 2014

Medicare Rehabilitation Standard Finally Revised

                
  Medicare Rehabilitation Standard Finally Revised

The long awaited update for Medicare rehabilitative services coverage is finally here. The Center for Medicare & Medicaid Services (CMS) has finally updated its Medicare manual regarding coverage for patients receiving rehabilitative services.  This necessary change will help patients and their families advocate for additional Medicare covered services. 

Under traditional Medicare, the first twenty (20) days in rehab are covered one hundred percent; days twenty-one (21) through day one hundred are paid at eighty percent (80%) by Medicare and the patient is responsible for the remaining twenty percent.  Usually around day 20 the rehab facility would re-assess a patient and in many situations stop providing rehab services on the basis that "the patient is not likely to improve" or "has plateaued." 

Now, there is no longer an 'improvement standard' to determine whether Medicare will provide coverage for a patient needing skilled nursing care.  Medicare now recognizes that skilled care or rehab services may be necessary to maintain the level reached by the patient (and prevent further decline).  The new standard applies to skilled nursing services, home health services and out-patient therapy.  Click here to read the transmittal on the CMS website.

Here is a helpful tip: if a rehabilitative facility tells a patient they are terminating rehabilitative services, the patient can request that services continue and that the facility bill Medicare. If Medicare agrees with the patient it will pay the facility; if Medicare disagrees with the patient and denies the claim then the patient is responsible for payment. This is referred to as 'demand billing.'

Visit our website to register for an estate planning services checklist and receive a gift certificate for 20% off your consultation

We want to be your trusted advisor through life. 

 

Friday, January 17, 2014

Beware Arbitration Clauses Hidden in Nursing Home Admission Contracts

          Beware Arbitration Clauses Hidden in Nursing Home Admission Contracts

You have seen in my blogs and articles I always say, "Do not sign a nursing home admission agreement that makes you the 'responsible party'."  That language creates a legal obligation to financially pay for the care if the resident does not pay the facility.  If a person other than the resident is signing the admission agreement (perhaps using a Durable Power of Attorney or, Designation of Health Care Surrogate) I suggest that that you cross out that language and initial it. Be sure to include your title after your signature (i.e. POA, DHCS) so that you do not create personal liability. Watch out for an arbitration clause when reading a nursing home or assisted living facility admission agreement. 'Arbitration' is a legal process used for resolving disputes (i.e. non-payment of rent) that does not involve a court proceeding.  The decision made by the arbitrator is final and binds you!  More and more facilities are including an arbitration clause in their admission agreements. This is not always beneficial to the resident.  An arbitration clause can limit the resident's right to recover damages against a facility for negligence or abuse.

In two cases The Massachusetts Supreme Court just ruled that an agent named in a health care proxy does not have the authority to sign an arbitration agreement on behalf of a nursing home resident. Click here to read the cases. The Court looked at the intention of the law that permits a health care surrogate to make informed medical choices for an incapacitated person.  The Court reasoned that the scope of a health care surrogate's duties does not include waiving the resident's right of access to the courts and to a trial by a jury.  Florida law has a similar intention - by naming a health care surrogate a person can select a trusted individual to make informed health medical decisions during that person's incapacity. Click here to read the Florida law's intent.

Before you sign an admission agreement schedule a consultation with a certified elder law attorney to review the agreement with you and inform you of your rights.  At our firm, we want to be your trusted advisor through life.

Monday, January 13, 2014

The Affordable Care Act Benefits the LGBTQ Community


      HOW THE AFFORDABLE CARE ACT BENEFITS THE LGBTQ COMMUNITY

 During his two terms in office President Obama has supported the LGBTQ community in a myriad of ways including: the Patient Visitation Act, repealing Don't Ask Don't Tell in the military, and supporting the repeal of DOMA.  The Affordable Care Act (ACA) click here which debuts January 1, 2014, provides several benefits and protections to the LGBTQ community.  Not only will the ACA benefits promote equality but hopefully it will encourage LGBTQ individuals to seek preventive medical services. Here are a few examples of how the ACA will provide equal access to healthcare for LGBTQ individuals:
  1. Health insurance plans purchased through the marketplace cannot discriminate based on sexual orientation or gender identity
  2. An LGBTQ consumer cannot be charged a higher premium due to his/her sexual orientation
  3. An LGBTQ consumer cannot be denied coverage due to a pre-existing condition such as HIV/AIDS or a mental health diagnosis
  4. Legally married same-sex couples are treated equally as heterosexual couples for financial assistance regardless of where they reside (living in a non-recognition state such as Florida is not an impediment)
  5. There are no financial lifetime limits on coverage for a chronic illnesses such as HIV/AIDS.


    Meet with a qualified elder law attorney to learn more and create a plan that will make the aging process easier for you and provide for the comfort and care of your loved ones.  Our firm is here to guide you. We want to be your trusted planning advisor through life.sm 

Monday, January 6, 2014

LGBTQ Rights Continue to Advance

                              RIGHTS FOR LGBTQ INDIVIDUALS CONTINUE TO ADVANCE

On Monday December 23, 2013, a federal judge in Ohio ruled that the state must recognize gay marriages by identifying the surviving spouse on a death certificate.  The ruling was based on two lawsuits filed in July 2013 by two surviving gay spouses.  Ohio does not recognize same-sex marriages performed in other states.  When the U.S. Supreme Court ruled in Windsor that same sex married couples are entitled to receive all federal rights, the states continued to have authority to decide whether to legalize same-sex marriage and whether to recognize same-sex marriage performed in another state.
One of the benefits to the Ohio same-sex surviving spouses being identified on the death certificate is the potential entitlement to social security spousal survivor benefits (as well as the one-time payment for funeral expenses).  Currently, the Social Security Administration is accepting but not processing applications for same-sex spousal survivor benefits filed in non-recognition states.  We are waiting for SSA and the Department of Justice to announce whether social security benefits for same-sex spouses, and their surviving children, will be based upon place of celebration or, domicile.
Last week the highest court in New Mexico issued its ruling ending the state's ban on same-sex marriage.  A court in Utah refused to put a stay on same-sex marriages being performed while there is an appeal being taken on the marriage ban. These decisions may mark the beginning of a new wave of federal decisions holding that state laws that ban same-sex marriages violate the federal constitution which guarantees Americans the right to equality and non-discrimination. Click here to read more about these recent developments
Note: Although the U.S. Supreme Court ruled to hold off on Utah decision, a memo from the Department of Justice said to recognize couples rights to federal benefits for marriages performed in Utah to date.
 
To ensure your domestic partner or same sex spouse and you are protected and your legal planning wishes are honored, do register as a domestic partner where available and meet with a qualified elder law attorney and create a plan that will make the aging process easier for you and provide for the comfort and care of your loved ones.  Our firm is here to guide you. We want to be your trusted planning advisor through life.sm 

Tuesday, December 31, 2013

2014: New Rules; New New Year's Resolutions!

                                      NEW YEAR'S RESOLUTIONS FOR 2014

2013 introduced significant legal and social developments in our country such as:
  • the United States Supreme Court's ruling in Windsor resulting in federal rights being available to married same sex couples
  • individuals delaying their retirement age due to increased life expectancies, weakened retirement systems and poor financial planning Click here to read more and
  • states like Pennsylvania passing laws that hold adult children financially responsible for their parents' care in a nursing home Click here to read about filial responsibility.
From my perspective as a legal advisor the 'take-away' is about planning and being accountable for creating the life we desire.  As you get ready to celebrate this New Year here are a few new years' resolutions to consider implementing now:
  1. Invest in your, and your family's, future by having quality legal documents prepared before an emergency arises. Legal documents such as a Durable Power of Attorney and Designation of Healthcare Surrogate may prevent a court ordered guardianship proceeding that can be costly and time-consuming.
  2. Schedule an appointment at your local Social Security Administration to learn how to maximize your retirement benefits and possibly your spouse's spousal benefit by starting and then suspending your benefit or, delaying your retirement age. Click here to read more
  3. Create a team of advisors (attorney, accountant, financial advisor) early in 2014 to guide you.
We want to be your trusted legal advisor through life.  Start your new year off on the right foot by becoming an informed legal consumer:
We wish you a healthy and happy 2014!

Wednesday, December 18, 2013

Key Tax & Financial Figures for Estate Planning in 2014

                         Important Figures to Know As You Plan for 2014

Beginning January 1, 2014, several federal agencies will be providing cost of living increases to select government programs and tax related laws.  Be sure you have current information before you take steps to qualify for Medicaid or, make gifts and certainly discuss it with your accountant.  Here are a few of the most important changes:
  1. Federal Gift Tax Exclusion: This sum will remain at $14,000.00  per person to an unlimited number of individuals. Married couples can use split-gifting and gift up to $28,000.00 per person.
  2. Federal Estate Tax Exclusion: Up to $5.34 million dollars will be excluded at the death of an individual. Any sum over this amount will be taxed. Consult with your estate planning attorney and accountant on the options to reduce your estate tax.
  3. Medicaid Home Equity Limit: A home is exempt in Florida up to the equity value of $543,000.00. That means the value of the home does not prevent a person from receiving Medicaid benefits.
  4. Medicaid Income Limit: Florida is one of fourteen states that imposes an income limit for a Medicaid applicant. It will be set at $2,163.00 per month; this is gross before deductions.
  5. Medicaid Community Spouse Resource Allowance:  When a member of a married couple becomes ill and applies for Medicaid the healthy spouse can keep up to $117,240.00 of countable resources (i.e. bank accounts, investments).  There are assets that are exempt (whose value does not count) which can be kept in addition to the countable resources.
The Medicaid rules and tax laws have many nuances so it is important to have all your advisors working together to explore the options and the consequences.  Medicaid now has  a 5 year look-back period - if you have made gifts during this period it will delay your ability to qualify for Medicaid - don't dabble, seek qualified advice.

Meet with a qualified elder law attorney and create a plan that will make the aging process easier for you and provide for the comfort and care of your loved ones.  Our firm is here to guide you. We want to be your trusted planning advisor through life.sm

Monday, December 16, 2013

PET TRUSTS

                          Your Beloved Pet Deserves a Pet Trust

Recently, more people are including their pets in their estate plan.  In 2012 a Tennessee resident died and provided for the future care of his two casts in his Last Will & Testament.  He has left $250,000.00 and his home to Frisco and Jake. The monies that remain after Frisco, the older cat, dies will be distributed to his family provided that they care for the remaining feline. Click here to read more.

Many clients have shared with me how their lives have been more meaningful by sharing their home with a pet.  It is only fitting to plan for the future of your pets after you have left this earth.  Florida and other states have laws that permit pet trusts. A pet trust can be created in your Last Will & Testament or your Revocable Trust.  Consider these preparation tips before you meet with your elder law attorney:
 
1. Identify all your intended beneficiaries (people, animals and charities).
 
2. Determine what assets and how much you would like to leave to each beneficiary. It is generally best to work with percentages and not dollar amounts. No one has a crystal ball to predict what assets will remain at your demise.  Using percentages assures that each beneficiary will receive something.
 
3. Think about whether you want your pets and other beneficiaries to receive assets at the same time or, if your priority is the animals first and then distribute remaining assets to individuals and/or charities.
 
4. Identify a trusted person or organization to care for your pets.
 
5. Create a rough estimate of the yearly cost of care for your pets.

Once you have prepared, meet with a qualified elder law attorney and create a plan that will make the aging process easier for you and provide for the comfort and care of your loved ones.  Our firm is here to guide you. We want to be your trusted planning advisor through life.sm