Archive for the ‘Long Term Care’ Category

Facing sky-high LTC costs, clients nurse Medicaid hopes

Monday, December 17th, 2012

But misunderstandings about the national program abound; poor planning can leave retirees in a bad place

By Darla Mercado,  Investment News

December 7, 2012

Medicaid may look like a tempting long-term-care plan for retirees who want to pass assets on to their heirs, but that approach has its share of financial pitfalls.

Investors nearing retirement are asking more questions about Medicaid — the state and federal program that aids people who can’t afford to pay their medical bills — and the role it can play in helping to cover LTC costs. Nationwide Financial Services Inc. and Harris Interactive Inc. polled 501 financial advisers and found that 42% think of Medicaid planning as a way to preserve money for their heirs.

“People are exploring extreme steps to qualify for a program that wasn’t intended for them,” said John Carter, president of distribution and sales for Nationwide. “Medicaid wasn’t ever intended for people who could pay for those long-term-care needs.”

Medicaid requires applicants and their spouses to meet certain income and eligibility rules to qualify for the program: For instance, monthly income cannot exceed the costs of long-term care, and applicants generally cannot hold more than $2,000 in assets.

Enter a variety of Medicaid strategies that “impoverish” the person applying for the program in a bid to get under the $2,000 limit. But Medicaid applicants face a five-year look-back provision for asset transfers.

About half of the advisers polled said that they’ve had clients ask them about giving all their money to their children to qualify for government assistance in paying for long-term care.

Much of that anxiety is driven by the shakeup in the LTC insurance business, as well as the fact that today’s economic realities place greater emphasis on preserving wealth, noted Bernard A. Krooks, founding partner of Littman Krooks LLP and past president of the National Academy of Elder Law Attorneys.

Clients who were unable to pass the underwriting process at an LTC carrier may be interested in Medicaid planning.

“If you have a prospect with an interest in preparing for this risk, and you can’t sell them the insurance, then that’s a perfect candidate to refer to an elder-law attorney,” Mr. Krooks said. “You can set up a trust or a planning opportunity to help them accomplish their objectives.”

Many misconceptions come with Medicaid planning, however, which is one reason advisers might want to consider seeking outside help. “We would encourage advisers to work with elder-law attorneys,” Mr. Carter said. “There can be a lot of risk if you do it on your own.

Mr. Krooks noted that a common misconception is that if clients miss the five-year look-back, they have no way to protect assets. “That’s not true,” he said, noting that the solutions are state-specific. “In all states, there are things you can do even if you waited until the last minute. It’s not going to be as beneficial if you had done it earlier; you may not be able to protect as much.”

Clients are also unaware that Medicaid covers nursing home care but typically won’t foot the bill for assisted living and other care options, according to Nationwide. Additionally, Medicaid patients have very little choice in where they end up residing, and they won’t have access to private rooms.

Though advisers are becoming increasingly aware of the need to educate clients on covering the cost of care in retirement — 72% agree that many clients don’t see how crucial it is to plan for health care costs in retirement — many advisers also come up short on other facets of planning for long-term care.

For instance, 60% of the participants said they couldn’t explain to clients how the Affordable Health Care Act will affect their retirement. Only 42% were aware of filial-responsibility laws, which are state rules that establish a legal duty for children to support their impoverished parents. Nursing homes and other third parties can pursue children whose parents end up in care and are unable to pay.

To visit the Investment News website, click here.

Spend Time in Two States? Get Informed on the Laws

Wednesday, December 5th, 2012

Research can help avoid unwelcome surprises for you or your family

(as seen  in the Poughkeepsie Journal by guest columnist Bernard A. Krooks, Esq., Littman Krooks LLP)

We live in a mobile society, where it’s common to spend significant time away from home visiting the grand kids or escaping winter weather. New Yorkers comprise the single largest segment of Florida’s temporary residents, with many ultimately relocating on a permanent basis. But those address changes could complicate your estate planning, long-term-care arrangements and tax bill.

In general, if you spend183 days per year in a state, its residency laws kick in, so it’s important to keep track of calendar days. And if you decide to move permanently, you should check that the legal documents framed in one state will be recognized elsewhere.

Estate planning

The regulations governing trusts and advance directives vary throughout the country. Even a difference in the number of witnesses required to acknowledge a document can render it void. Doctors and hospitals have been
known to disregard the instructions contained in living wills and healthcare proxies that were drafted in another state. Banks could ignore directives from your designated financial agent. And it could be devastating to
the financial security of loved ones to discover that a relocation has rendered your prior planning invalid. If you have important ties to more than one state, be sure your estate planning documents explicitly describe
the situation. It’s also useful to consult legal counsel from the relevant jurisdictions. That ensures that advantageous differences in state law are considered, and it’s less likely that recent legislation will be overlooked.

Long-term care
Since Medicaid is often a major source of funding for long-term care, differing state guidelines could complicate a sudden, debilitating medical condition. Eligibility requirements, as well as covered services, often vary. In a
previous column, I discussed “filial responsibility” laws, which could potentially hold adult children responsible for their parents’ expenses. These are state-specific and evolving, so lapses in Medicaid coverage have the potential to result in big bills for the younger generation. Work through the scenarios with certified elder-law attorneys who can navigate the Medicaid systems of whichever states you or your parents are likely to call home in later years.

Taxes

Another possibility is that more than one state will hold you liable for income or inheritance taxes. Residency audits are increasingly common, and New York is especially aggressive, with taxpayers expected to provide documentation that establishes where they’re spending their time. Nor is that the sole determinant. You must take active steps to relinquish New York residency— possibly including the sale of real estate —in order to establish another domicile. For many couples, second homes and frequent travel represent a lifetime’s hard work and investment. With some forethought, you can ensure that your chosen lifestyle doesn’t have costly, unintended consequences.

Bernard A. Krooks, Esq.,  is managing partner of the law firm Littman Krooks LLP (www.littmankrooks.com; 845-896-1106), with offices in Fishkill, White Plains and Manhattan. His firm collaborates with Solkoff Legal, P.A., Delray Beach, Fla., on dual residency issues.

To see the complete article, click here. For more information about the Littman Krooks and Solkoff Legal Alliance, click here.

Changes to Long-Term Care and Home Care Services Concern New York Seniors

Thursday, November 1st, 2012

The federal government’s new guidelines regarding long-term care will have long-lasting impact on seniors throughout New York State. The fed has recently instructed New York to make it mandatory for Medicaid beneficiaries who are 21 years of age and older in need of community-based long-term care services to receive Managed Long Term Care (MLTC).

The mandate also covers New York City residents and seniors with Medicare who have or expect to have home care services. Any seniors who are seeking home care services now have to apply through an approved MLTC vendor for a provider in the network. Prior to the new guidelines, a recipient was able to use any Medicaid-accepting provider.

As part of the change, applications will not be accepted at the Queens local Community Alternative Systems Agency (CASA) offices, a department of the Human Resources Administration for New York City, for Home Care, except in limited cases: Consumer-Directed Personal Assistance Program (CDPAP), Hospice, Traumatic Brain Injury (TBI) Waiver applicants or participants, Nursing Home Transition & Diversion Waiver (NHTDW) applicants or participants, and/or individuals who are  seeking Lombardi (long term home health care waiver program services).

Under the new system, managed care providers get a fee for the bundled services they offer. Critics are concerned that this new system may mean seniors will be forced to change their medical provider to one in the approved system and it may lead the providers to limit the quality of care as a cost-saving measure; seniors may be referred to other services such as nursing homes if it is determined by the managed care provider that home care services would be more expensive than they would prefer. There is growing concern that many seniors may require legal advocacy in order to prevent unwarranted nursing home referrals.

N.Y.C. Medicaid recipients will soon be receiving notification advising them to select a managed care provider within a 60-day window. If they fail to select a managed care provider, one will be chosen on their behalf.

Concerned New York-based seniors may wish to contact an experienced elder law attorney to ensure their healthcare issues are fairly represented and to get up-to-date advice to optimize their Medicaid benefits.

Assistance is Available for Struggling Seniors

Wednesday, October 10th, 2012

Seniors face many issues relating to housing, hunger, income, abuse and isolation. In the State of New York, The Office of Temporary and Disability Assistance is accountable for developing and overseeing programs that provide aid and support those that are eligible and need assistance. The programs mentioned below compliment the primary government benefits programs of Social Security, Medicare and Medicaid for seniors and people with special needs.

  • Energy Assistance: The Home Energy Assistance Program (HEAP) is a federally-funded program to assist people with low incomes with their energy expenses, including heating bills and some energy-related home repairs (HEAP can help those who are meet eligibility requirements pay for any of the following: electricity, propane, natural gas, wood, oil, kerosene, coal or any other heating fuel). In order to qualify for HEAP in New York State, you must need help with your energy bills and meet an income requirement.  A single person must have an annual income of less than $24,360.  Applications can be made at any social services office. To locate a social services office in your area, click here.
  • Housing Assistance: The Bureau of Housing and Support Services (BHSS) concentrate solely on the problems revolving around the homeless, at-risk, and low-income households in New York State. The Homeless Housing and Assistance program supplies capital grants and loans to not-for-profit corporations, charitable and religious organizations, municipalities and public corporations to acquire, construct or rehabilitate housing for persons who are homeless and are unable to secure adequate housing without special assistance.
  • Telephone Assistance: Low-income seniors may also qualify for assistance with their telephone bills.  The Lifeline program provides federal assistance for low-income older adults, for one telephone per household.  The program is available for landlines or cell phones, and you can apply directly through your telephone service provider. To be eligible, consumers must have an income that is at or below 135% of the Federal Poverty Guidelines or participate in a qualifying state, Federal or Tribal assistance program.
  • Food Assistance: The Supplemental Nutritional Assistance Program (SNAP) provides an Electronic Benefits Transfer (EBT) card, which can be used just like a debit card to purchase groceries at participating supermarkets and other retail food stores.  The program is available to people with low incomes, particularly seniors, and you can apply in person at your local social services office, or online at myBenefits.ny.gov. To find out if you are eligible for SNAP, click here.

To read a full list of supplemental benefit programs offered by the State of New York, visit:  http://otda.ny.gov/workingfamilies/. For more information about our elder law services, visit www.elderlawnewyork.com.

Planning to Retire Soon? Create a Retirement Checklist

Monday, July 16th, 2012

If you are considering retiring within the next five years, now is the time to create a retirement plan.  Many seniors say they wish they had planned more carefully for retirement.  There are several things you can do now to make sure your legal and financial affairs are in order when you retire.

Define Your Financial Goals

Naturally, one of the most important considerations in planning for retirement is safeguarding your financial security.  That means defining what you expect your lifestyle to be during retirement, and how your financial goals will be met.  You will want to consider factors such as how you will allocate money from your savings to supplement your retirement income, the possibility of rising health care expenses, and the effect that inflation may have on your purchasing power.

Your retirement plan will need to include a budget and an asset allocation strategy, and you will need to consider how to balance different sources of income and benefits, including Social Security, Medicare, and your own assets.  If you are employed, one thing you can do to maximize your savings is to invest as much as you can in your 401(k) before you retire.  Your employer can be a valuable source of information on how best to make use of your 401(k), and what benefits you will receive in retirement.  If you are married, then you and your spouse should create a joint retirement plan.

Create an Estate Plan

If you do not already have an estate plan, now is the time to create one.  Before retirement, you will want to be sure that you have taken the necessary steps to ensure that your assets will be distributed according to your wishes, through the execution of a will, and the establishment of any trusts that would benefit you and your family.  It is also important to establish a durable power of attorney, designating a person to make decisions for you in the event you become incapacitated.  Through a living will, you can issue specific instructions for what is to be done in certain medical situations.  An estate planning attorney can help you create a holistic plan for the management of your assets.

Retirement is something to look forward to, and something to plan for carefully.

To learn more about our elder law services, visit www.elderlawnewyork.com.

Retirement Communities Are Going Green

Monday, July 2nd, 2012

As seniors plan for retirement, a new option has emerged: the “green” retirement community.  One such facility, Birches at Chambers Senior Community, has opened in Ulster, New York.  The community not only features state-of-the-art accessible housing, but was built with energy efficiency in mind.

Joseph Malcarne, a contractor involved in the construction of the facility, said that the design was intended to be environmentally friendly and healthy for the residents.  The facility accommodates seniors in various stages of aging, and it was designed as an age-in-place community.  This type of design is popular, but also creates challenges.  The air circulation system had to be designed in such a way that airborne germs could not circulate from one area to another, and senior sensitivity to temperature was also a concern.

The solution was a separate ventilator system for each individual unit, which regularly exchanges fresh outside air.  The community also features solar thermal and photovoltaic panels, which came from a local source, further reducing the carbon footprint.  The energy efficiency measures earned the development a platinum rating from Leadership in Energy and Environmental Design (LEED).

The development comprises 66 units and includes a fitness studio, computer lab, and community room.  The entire community is wheelchair-accessible, including a gazebo and patios.

The community’s first resident, Cindy Grill, took up residence in 2010.  Grill had lived in another Birchez facility, but after a stroke confined her to a wheelchair, she needed an accessible home.  Vinnie Organtini, a subcontractor who helped build the development, organized his crew to help her move in.

To learn more about our elder law services, visit www.littmankrooks.com.

How can Families get Started in Planning a Nursing Home Placement for a Loved One?

Wednesday, June 27th, 2012

Guestblogger: Ginalisa Monterroso, Entitlement Analyst, Archcare at Mary Manning Walsh Home

How can families get started in planning a nursing home placement for a loved one?

  • Families really need to do lots of research. Use the internet, visit the neighborhoods and facilities and look for reviews that are done by people that have had their family members in the nursing home. Search for a facility where your loved one’s immediate needs are met, ask questions, see if they have an available rehabilitation center, what foods they will serve, how they can cater to your loved ones, what insurance the nursing home will take.
  • Always visit and ask questions.

What is the New York Patient Review and how and where can it be completed?

  • It is a “quick” medical assessment of the patient’s needs – it states what the patient is being treated for, the diagnosis, any symptoms, medications, needs and requirements medically per the doctor’s orders,(as opposed to going through an entire medical chart it is a 7-page summary of all the medical needs of a patient (type of care, type of equipment needed, etc.) so that nursing homes can make a quick assessment).  It can be completed

What is the admissions agreement?

  • This is an agreement that is generated by the facility stating all the requirements of what the facility offers for the resident as far as the needs, insurance (required), payments needed, it is a breakdown of what is included in regards to services, room and board, rehabilitation, insurance, notification on insurance being discontinued, the guidelines for where to go if your insurance is discontinued. Everyone should always read the agreement, it is important to know what is going to go on in a facility when you admit your family member.

How does one pay for nursing home care? Can it be subsidized?

  • There are a lot of options to pay for care. There are short-term options and long-term options. Medicare covers a short-term stay, it also covers assistance in-state nursing facilities (up to 100 days); if you need an extension, or a longer stay, there are other insurances that may cover the extra duration of the stay, for example, a long-term care policy, or medicaid. Paying out-of-pocket is very, very costly.

How do you complete the Medicaid or Medicare application?

  • Call the Social Security Administration and get your family member on Medicare. You should have the Medicare before you go into a nursing home. Medicaid can always be done once the family member enters the nursing home if the need for an extended stay is necessary. There is a financial person on site who can assist with applying for Medicaid. You should always have long-term care insurance set up before your nursing home placement.

What happens if I am a long distance caregiver or when the patient lives out of state?

  • The process of searching is still the same. Ask questions! Technology today has expanded – – do they have an online site? You can view the facility and take a tour online. Ask to speak to the directors of each department (especially admissions).

What legal assistance is required (or preferred) when dealing with a nursing home?

  • Emergency situations where people haven’t planned in advance are surprisingly common in nursing home placements.  You always want to have a power of attorney; go to a certified elder law attorney (CELA®) when dealing with your loved one. A CELA® member knows all the rules and regulations and will know what needs to be done or prepared in regards to entering a nursing home. Guardianships and financial planning are also important to discuss with a CELA® member to ensure that your loved one’s stay is comfortable.

What rights do patients have while they reside in a nursing home?

  • Patients have the same rights as they would as if they were not living in a nursing home: the right to privacy, to not be discriminated against, they have all the same rights as they would as if they were living at home. No one can make any decisions without asking a resident or confirming with a guardian or social worker (who are always on-site).  The family member has a right to find out what is going on (medically, financially) with their family member or loved one.  They are to be notified of any emergencies or needs that their loved one may have as they change.

What is the best advice you can give to family members on how to place your loved one in a nursing home?

  1. Be preparedPlan Ahead
  2. Look for symptoms in family members who are becoming frail or ailing
  3. Keep paperwork in one place (medical, financial and legal records)
  4. Make sure that you have discussed the needs and wants of your loved one so you are prepared if an emergency takes place (in regards to finances, health and legal matters)
  5. Speak to a certified elder law attorney (CELA®) to ensure your family members’ needs are met – it always helps down the road.

To learn more about elder law, elder care or nursing home placements, visit www.elderlawnewyork.com.