Archive for the ‘Elder Law’ Category

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

Wednesday, 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

Wednesday, 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

Wednesday, 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

Wednesday, 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

Wednesday, 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

Tuesday, 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

Visit www.littmankrooks.com/blog/, www.elderlawnewyork.com/blog/ , and www.specialneedsnewyork.com/blog/

Planning Needed to Safeguard Assets as Medicare Changes Loom in the Debt Talks

Tuesday, August 30th, 2011

The future of Medicare, Medicaid, and Social Security will become a heated topic again this fall as the 12-member Congressional super committee decides how to cut $2.4 trillion in spending by Thanksgiving. Medicare will most likely take the deepest cuts in the second stage of spending negotiations. This is of special concern to baby boomers who continue to retire and seek these government benefits. Questions regarding how long the Medicare trust fund will last, access to doctors, and the Medicare Part D coverage gap are increasing.

People are concerned that as the cuts get passed, Medicare costs for beneficiaries will rise. The Medicare Rights Center advocates that the bipartisan committee should look to raise revenues by doing away with tax cuts and increasing taxes on the wealthiest individuals and companies. “Only by promoting shared sacrifice can we avoid balancing the budget on the backs of older Americans, people with disabilities and their families,” said Joe Baker, the Medicare Rights Center president.

The second stage of spending negotiations will look at changes to Medicare including:

–       raising the age of eligibility, premiums, deductibles, and co-pays

–       changing the means test for income-related premiums

–       decreasing payments to health care professionals and pharmaceutical companies

–       shifting coverage for individuals who can receive both Medicaid and Medicare

–       allowing states to reduce benefits and eligibility

Littman Krooks Elder Law Attorneys and Medicaid Planning Attorneys are at the forefront of helping seniors stay abreast of the changes and how this can affect their health care and financial decisions. Their New York City, White Plains and Fishkill Elder Law attorneys are skilled in tailoring a plan to protect an individual’s assets and estate plan, deal with insurance and government benefit concerns, and properly plan for the future.

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

Estate Plans Should Include Provisions for Pets

Tuesday, August 23rd, 2011

Many seniors fail to consider their pets when building an estate plan, an oversight that often finds them homeless or in animal shelters, according to the Humane Society of the United States.

People often incorrectly assume they will outlive their pet, or that a friend or family will take care of their pet when they are gone, according to Anne Culver, director of Disaster Services for the Humane Society. Formal provisions can ensure a pet will receive proper care in a loving home after its owner has passed away.

It is important to outline a temporary plan for a pet before even drafting a long-term plan. Estate plans can take time to carry out, especially if they are contested, but pets need daily care and immediate attention. A designated friend, family member or neighbor can ensure a pet’s needs are met while an estate plan is being carried out.

Formal, long-term arrangements for a pet can be created with the help of a lawyer in the form of a special will, trust, or other document. When selecting a caregiver, seniors should consider close family or friends who have met the pet and who have successfully cared for a pet of their own. If an estate plan includes more than one pet, they should be kept together, especially if they have bonded. Seniors should keep in contact with potential caregivers over time to ensure that their circumstances have not changed, and they are still willing to care for the pet.

In the event that a caregiver cannot be found, the executor of a will can be authorized to find a satisfactory new home for a pet. This may take time, so careful instructions and proper funding are paramount. An estate plan can include funding for a pet’s temporary and permanent expenses.

A trust for a pet may also be set up as an alternative to a will. Unlike a will, which only takes effect upon death, a trust goes into effect as soon as a senior becomes incapacitated. This means that a pet can be cared for immediately.

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

VA Begins Massive Outreach Program for Female Veterans

Tuesday, August 16th, 2011

The U.S. Department of Veterans Affairs has announced that it will implement a comprehensive plan to improve care for female veterans.

Secretary of Veterans Affairs Eric K. Shinseki announced that the VA has first begun a massive outreach effort to contact female veterans and ask them to share their experiences with the system. Callers trained to be “friendly” and “conversational” to encourage candidness ask female veterans why they are not using VA benefits, whether they are aware of VA gender-specific services, and what additional services they would like the VA to offer. Callers also offer to connect women to the appropriate departments if they are interesting in receiving VA benefits.

Shinseki said the department would use the information obtained from the calls to draft its comprehensive plan. He said the initial draft would be released in January 2012.

The Women Veterans Health Care program has made significant changes in the past few years – including providing specialized and improved service for female veterans, comprehensive primary care for female veterans, and using cutting-edge research to study the effect of military service on women’s lives – but Shinseki said that even this “has not been enough.”

The new plan will likely include a renewed focus on military sexual trauma, childcare, homelessness, OB/GYN care, and aging issues.

Female veterans currently comprise 8 percent of the total veteran population in the U.S., and account for 6 percent of all veterans who use the VA system. The VA estimates that these numbers will rise to 10 percent and 9.5 percent, respectively, by 2020.

For more information on Veterans’ Benefits, visit www.elderlawnewyork.com or www.littmankrooks.com.

Social Security Benefits To Be Paid On Time

Wednesday, August 10th, 2011

Social Security payments for August 3, 10, 17 and 24th will be made on time and as scheduled. People that receive paper checks can sign up for Direct Deposit.All current beneficiaries must switch to electronic payments by March 1, 2013.

For more information, visit the officuial Social Security website by clicking here.