Employers Can Be Great Resource for Workers with Ailing Parents

January 4th, 2012

As a parent ages, many adult children are left to pick up the pieces. The parent’s financial and medical needs increase and issues start to take over the adult child’s work time. Employers who can help their workers connect with elder care resources and allow for flexible schedules can retain hard workers and help them through a tough chapter in life.

Employers that can help workers be proactive about financial planning and health care needs can greatly aid their employees. Access to financial counselors, estate planning experts, and elder law attorneys can be great benefits to offer employees over the phone, via webinars, or in person. During this stage, an adult child often needs help strategizing about long-term care, their parent’s Medicare and Social Security benefits, and should know about important documents to create such as a power of attorney and health care directives.

Often times a parent’s concerns spark the adult child to start thinking about his or her finances and life wishes. Giving employees access to workshops and experts will help them have peace of mind while on the job. Also of importance is caregiver support and counseling resources. Having to take care of an ailing parent can be very difficult. Having a resource to count on and get referrals to deal with their depression, stress, and other concerns is the cornerstone to a solid employee assistance program.

New York law firm Littman Krooks LLP assists caregivers and their loved ones to plan for medical needs, estate planning and asset protection, and preservation of government benefits. Our New York City, White Plains or Fishkill elder law and estate planning attorneys are a trusted resource for many New York families. To learn more, visit http://www.littmankrooks.com/elder-law/ or http://www.littmankrooks.com/estate-planning/.

New York Medicaid Changes Affect Estate Plans

December 6th, 2011

Changes to the Medicaid program in New York can have a big effect on estate assets and planning. New regulations that were put into place in early September allow for the state to recover costs spent on an individual’s Medicaid services. Estate recovery of these costs can come from any assets that pass via a will, intestacy, or real and personal property.

Previously, only probate assets were subject to an estate recovery of Medicaid costs. But now that joint accounts, annuities, life estate interests in deeds, and other assets are now subject to estate recovery, individuals and their loved ones need to get legal guidance to review their estate plans and protect their assets even more. The changes in New York are due to budget laws that were passed earlier in the year.

Since these regulations are so new, individuals should seek a qualified elder law attorney and estate planning attorney. If you already have a trust or deed with a life estate, a skilled estate planning lawyer can review your existing plans and assets too.

Littman Krooks LLP counsels individuals and families on how to access government benefits such as Medicaid while protecting assets. Our New York City, White Plains and Fishkill estate planning attorneys and elder law attorneys are accomplished in comprehensive estate planning including these new regulations, probate matters, and asset protection. To learn more about New York estate planning, visit http://www.littmankrooks.com/estate-planning/ or www.elderlawnewyork.com

Free Wellness Services and Discounts Available to New Yorkers on Medicare

November 16th, 2011

More than 1.3 million New York state individuals have received free preventive services through Original Medicare this year so far. But only a little more than 113,000 people have taken advantage of its free annual wellness exam. With more than 1.77 million New Yorkers enrolled in Medicare Part B, these recipients should use these free services to better their health and longevity.

Along with these benefits through Medicare Part B, the average prescription drug premiums are not expected to rise in 2012. The U.S. Department of Health and Human Services reported that 900,000 Medicare recipients who are in the prescription drug donut hole had 50 percent discounts on their prescription drugs this year.

The Centers for Medicare & Medicaid Services notes that generic prescription coverage will not increase for those in the donut hole in 2012. Out-of-pocket costs will also be lower due to discounts on brand name prescription drugs. Individuals should still carefully review their Medicare plan elections for 2012 to see that their pharmacies, prescriptions, and preferred doctors are still available at reasonable prices as plans can fluctuate annually.

For those on Medicaid in New York, the program made a change earlier in the fall. Medicaid’s pharmacy benefit and the Family Health Plus pharmacy benefit is now part of the managed care benefit package. Each health plan has its own category of medicines, including prescription drugs, some over-the-counter drugs and medical supplies. It is important to make sure the plan has the medicines each individual needs. The New York health plans do allow a one-time only fill of a drug in the event that individuals cannot reach their doctor to get guidance to switch to a plan that does cover what they need.

Littman Krooks LLP counsels seniors and families to access government benefits as well as plan for health care needs and personal decisions. Our New York City, White Plains and Fishkill elder law attorneys and estate planning attorneys are accomplished in comprehensive planning for a senior’s golden years. To learn more about New York elder law, visit http://www.littmankrooks.com/elder-law/ or http://www.elderlawnewyork.com.

Proactively Plan For Your Estate While Tax Laws Still Benefit Donors and Heirs

November 2nd, 2011

In 2010, President Obama created the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act (TRA 2010) that affects the federal estate taxes, generation-skipping transfer taxes, and gift taxes for the tax years from 2010 to 2012. It is expected that federal estate tax laws will be modified in 2013 back to the laws that were in effect in 2002, which will increase estate tax rates and drop exemption dollar amounts.

So for the remainder of 2011 and 2012, individuals should get their estates in order. TRA 2010 lets married couples have portability of the federal estate tax exemption when their spouse passes away in 2011 and 2012. The surviving spouse can get any unused amount of the estate tax exemption from the deceased spouse, which thereby allows $10 million to be passed to heirs without estate taxes.

Also, when property, stocks, or cash is transferred to another as a gift, the donor is responsible for paying a federal gift tax. An individual can gift up to $13,000 and spouses can gift up to $26,000 without having to pay this tax. A gift tax is only triggered if a lifetime gift amount to non-spouse heirs totals more than $5 million for 2011.

Sometimes an individual wants to transfer property to a relative that is two or more levels below the transferor’s generation. The transferor is responsible for paying a generation skipping transfer tax unless certain exemptions are met.

Before a loved one passes away, it is important to seek experienced legal counsel to advise on these matters to ensure than an estate is not excessively taxed and that heirs are taken care of according to the person’s last wishes. The 2011 and 2012 rules are more favorable, so individuals need to be proactive about their estate plans now.

Littman Krooks LLP counsels individuals and families to minimize taxes, probate expenses, and carry out the legacy they want to leave to their beneficiaries. Our New York City, White Plains and Fishkill estate planning attorneys and elder law attorneys are accomplished in asset preservation, trusts, and estate planning.

To learn more about New York estate planning, visit http://www.littmankrooks.com/estate-planning/.

Senior Citizens Advised to Review Medicare Part D Plan Selections Before December

October 26th, 2011

As the end of the year gets closer, it is a critical time for a senior citizen to review their Medicare Part D plan. Medicare has an open enrollment period from mid October to December 7 of this year to make all selections for 2012. Every year prices can fluctuate for a plan, so it is critical to weigh your options for deductibles, prescription prices, and the overall monthly premium.

Seniors should not delay in signing up for Medicare. Failing to join a Medicare drug plan at 65 years old or going more than 63 days without prescription drug coverage can cause Part D premiums to skyrocket and late enrollment penalties.

Individuals that are eligible for Medicare often have an average of two to three dozen Medicare Part D plans to choose from depending on their state of residence. Adequate research ahead of time and speaking to a skilled elder law attorney will help an individual plan for health care needs and costs as well as protect assets from being depleted.

U.S. News and World Report notes that Medicare Part D plans can often fluctuate in pricing every year from 4 to 14 percent increases, for example. Individuals with yearly income of $85,000 or higher will also see higher premiums. Senior citizens do not need this surprise that can affect their wallet and livelihood.

Retirees should check that the plan they pick for 2012 has the prescription drugs and pharmacy they need and the doctors they are used to going to at a reasonable cost. Beware of having to pay out pocket or being responsible for higher co-pays before the final selection is made.

Littman Krooks LLP counsels seniors and families to access government benefits as well as plan for health care needs and personal decisions. Our New York City, White Plains and Fishkill elder law attorneys and estate planning attorneys are accomplished in comprehensive planning for a senior’s golden years. To learn more about New York elder law, visit http://www.littmankrooks.com/elder-law/.

Get Legal Advice Before Selling the Family Home and Starting Nursing Home Care

October 19th, 2011

Entering a nursing home can provide highly sought-after services and around-the-clock care. Family members and loved ones can have the expertise of skilled staff that provides peace of mind for your elderly parent. But if proper planning for the monies involved in nursing home care and estate planning are not done in advance, it can put your loved one at risk financially.

Especially for seniors on Medicaid, there are important considerations to take before moving into a nursing home. Many seniors own a home, and depending on what is done with a home before moving into the nursing home can greatly affect their assets. Before deciding on selling the family home or transferring it to a family member, it is critical to speak to a qualified estate planning attorney.

Transferring a home can incur penalties unless the home is transferred to a spouse, disabled child, specific trusts, a sibling with an equity interest in the home, or a caretaker child. There are strict rules of how long siblings and caretaker children must have lived in the home prior to an individual going into a nursing home. If a transfer or sale of home is done incorrectly, it can hurt a person’s Medicaid eligibility and make them have to pay nursing home costs on their own. Some transfers also have a Medicaid penalty period that is equal to the value of the transferred asset divided by the state’s average pay rate for nursing home care.

After a loved one passes away and if the home is not properly accounted for, the state can come after an estate or put a lien on the home for benefits given for the senior’s care. Skilled Medicaid planning attorneys know how to protect assets, the family home, and keep loved ones from incurring unjust hardships.

New York law firm Littman Krooks LLP assists seniors and their families to plan for nursing home needs, estate planning and asset protection, and preservation of Medicaid and government benefits. Our New York City, White Plains or Fishkill Medicaid planning attorneys are a trusted resource for many New York families. To learn more, visit http://www.elderlawnewyork.com, http://www.littmankrooks.com/elder-law-medicaid-planning/ or http://www.littmankrooks.com/estate-planning/.

Estate Planning for Seniors Should Be Done Before a Life-Changing Event

October 12th, 2011

Senior citizens should be enjoying their golden years with their loved ones and not worrying about end of life care. But with more than 120 million Americans not having updated estate plans or any long-term financial plans, according to the National Association of Estate Planners & Councils, seniors are putting their assets and health at risk. National Estate Planning Awareness Week occurs Oct. 17-23 and reminds seniors and their loved ones to take the time to plan when you are healthy and able to get the care you deserve and enjoy the benefits of all the years of hard work.

A senior should take proactive steps to protect their assets, create a living will, and make their last wishes known to family members and their main doctors. These decisions are difficult, but planning ahead can provide more comfort and preservation of a person’s savings than if decisions are made when the senior is chronically ill or incapacitated. A recent study by the American Society of Clinical Oncology showed the substantial impact of out-of-pocket costs. Close to half of the patients had used all of their savings on health care, 49 percent had to borrow money to afford prescriptions, 30 percent did not even fill medications, and 20 percent decided to take less medications than their doctor advised. Anyone with a chronic illness should not have to make this choice as they compromise their health, savings and undoubtedly decrease their quality of life.

Individuals can take great steps to save money and lessen burdens on family members by meeting with a skilled estate planning attorney before a senior’s health takes a drastic turn for the worse. Adequate planning will help a senior confront challenges and death with dignity.

Littman Krooks LLP counsels seniors and families to access government benefits as well as plan for health care needs and personal decisions. Our New York City, White Plains and Fishkill estate planning attorneys and elder law attorneys are accomplished in comprehensive estate planning including income, tax guidance, and probate matters. To learn more about New York estate planning, visit www.elderlawnewyork.com.

Home Health Agencies Must Provide Adequate Care According to Doctor’s Orders

October 5th, 2011

Individuals who have a doctor’s orders to receive home health care cannot have these services suddenly cut or scaled back. Many elderly people need a certified home health agency to help with basic tasks after a hospital procedure or short-term rehabilitation stay. It has come to the attention of patient advocates and the New York State Commissioner of Health that some Certified Home Health Agencies (CHHA) are illegally stopping services or reducing the hours of care.

Unless a doctor has cleared the patient and has informed all parties in a sufficient manner, a CHHA cannot cut services without warning. If a CHHA is illegally doing this, they can receive violations for not adhering to state regulations and policies. Individuals and their loved ones can seek to have a fair hearing about the issue. Until a decision is made at the hearing, home health care must continue.

Some CHHAs are blaming the changes due to Medicaid payment cuts or state budget constraints. But state law specifically says that, “Agencies may not discriminate against a patient based on source of payment, and may not diminish nor discontinue services solely because of a change in the patient’s source of payment.” Around-the-clock care is still available for patients who receive a doctor’s orders for this type of care.

When patients are able to complete daily tasks on their own again and a doctor has approved this, a CHHA must follow defined procedures to discharge the patient from the home health care plan. This is also a critical component of the Medicaid home care procedures.

People who have had services unjustly cut or diminished need to contact a New York elder law attorney or New York special needs attorney. New York law firm Littman Krooks LLP excels in helping the elderly and people with special needs get their present and future needs upheld.

Our New York City, White Plains or Fishkill Elder Law and Special Needs attorneys have substantial experience in standing up for your rights. To learn more, visit www.elderlawnewyork.com.

Medicare Announces New Quality Measures for Special Needs Plans

September 21st, 2011

Private Medicare special needs plans now have new quality improvement measures they must adhere to according to a recent announcement by The Centers for Medicare & Medicaid Services (CMS). These types of special needs plans (SNP) cover patients who have severe or disabling chronic conditions, are dually eligible for Medicare and Medicaid, and are oftentimes institutionalized. SNPs will be assessed on meeting an individual with special needs’ care requirements, including developing tailored plans for care and having a team of providers to implement it

In 2012 all SNPs will have to be approved by the National Committee on Quality Assurance. CMS wants to monitor the strengths and weaknesses of SNPs with these new requirements. By 2013, private Medicare plans that help low income patients who are dually eligible must enter into contracts with state Medicaid agencies.

For patients with Alzheimer’s disease and their families, this news is encouraging and stands to improve the quality of care for this disorder that affects millions of elderly Americans. September is World Alzheimer’s Month and highlights the fact that the condition involves very expensive health care, coordination of government benefits, and an extended network of family and friends to support the individual and his or her caregivers.

A part of the CMS changes also eliminates Medicare prescription drug Part D enrollment penalties for patients who delay enrollment. Also, insurance agents and Medicare Advantage and Part D brokers have more regulations against switching coverage plans and giving out marketing gifts.

The New York special needs law firm Littman Krooks LLP has extensive experience with individuals with Alzheimer’s disease and helping their families take advantage of government benefits as well as proactively protect assets and plan for long-term care needs. Their New York City, White Plains or Fishkill Special Needs attorneys are skilled in assisting people with chronic conditions and disabilities. To learn more about New York special needs planning, visit http://www.littmankrooks.com/special-needs-planning.

Project Lifesaver International (PLI) Provides Rapid Response for Wandering Adults and Children with Developmental and Cognitive Disabilities, Special Needs

September 6th, 2011

Founded by Public Safety Officers, Project Lifesaver International (PLI), is an organization whose sole mission is to provide a timely response to save the lives of adults and children with Autism, Alzheimer’s, Down syndrome, Dementia, and other conditions, who wander. Started in 1999, PLI has offered public outreach programs to educate others about wandering. They have also provided equipment, training, certification and support to law enforcement and public safety officials through the country. These trainings include in-depth information on the use of specialized electronic search and rescue equipment technology and most importantly, how to communicate with people with cognitive or developmental conditions. PLI has over 1200 agencies in 45 participating states. They have performed 2,421 searches in the last 11 years with no serious injuries or fatalities ever reported.

How it works:

  • If you are a family member or a caregiver of a loved one that wandersCall (757) 546-5502 or contact your local agency to enroll your loved one in Project Lifesaver to receive a small personal transmitter (which can be worn around an ankle or wrist) which emits an individualized tracking signal. If a registered client goes missing, the caregiver notifies their local Project Lifesaver agency, and a trained emergency team responds to the wanderer’s area. The recovery time for a person wearing a transmitter is approximately 30 minutes, (95% less time than a standard operational procedure).

Typical costs to enroll will vary by agency and location.   Ask your local agency if they participate in grant funding to find out about wristbands at discounted rates or at no charge.

  • If you are an agency that would like to receive Project Lifesaver training: Submit a letter of intent to PLI. A sample letter of intent can be found here. Training can include two days of on-site instruction (for up to 15 people in your agency), provided by a State Coordinator or by PLI’s own staff. Each new agency will also receive training on Alzheimer’s, Autism, and other disorders, to help when responding to a missing client. Costs may vary on agency and location.

To learn more about New York elder law, New York estate planning, visit http://www.elderlawnewyork.com or http://www.littmankrooks.com

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