Category Archives: Health

Medicare and Nursing Homes: The End of the “Improvement” Standard

By Attorney Liz Durnell

Screen Shot 2013-04-25 at 10.32.21 AMIn all of my time working with the elderly, one of the most discussed issues is “how long will Medicare pay for my nursing home?” The maximum amount of time that Medicare will pay for skilled nursing care is 100 days. Medicare pays 100% for the first 20 days. For days 21-100, they will pay all but a co-pay that is usually covered by supplemental insurance.

In the past, the question of how long Medicare paid depended on when the nursing homes decided that the patient was no longer improving or had “plateaued”. Once plateaued, Medicare stopped paying.

A recent settlement between the Center for Medicare Advocacy, Vermont Legal Aid and the Obama Administration has changed this standard.

Following is an excerpt from the ElderLaw Answers article, “Medicare to End ‘Improve or You’re Out’ Standard for Coverage of Skilled Services.”

“In a major change in Medicare policy, the Obama administration has provisionally agreed to end Medicare’s longstanding practice of requiring that beneficiaries with chronic conditions and disabilities show a likelihood of improvement in order to receive coverage of skilled care and therapy services. The policy shift will affect beneficiaries with conditions like multiple sclerosis, Alzheimer’s disease, Parkinson’s disease, ALS (Lou Gehrig’s disease), diabetes, hypertension, arthritis, heart disease, and stroke.”

As part of the proposed settlement, which the federal judge must still formally approve, Medicare will revise the manual that their contractors follow to clarify that Medicare coverage of skilled nursing and therapy services “does not turn on the presence or absence of an individual’s potential for improvement” but rather depends on whether or not the beneficiary needs skilled care, even if it would simply maintain the beneficiary’s current condition or slow further deterioration.

If you or a loved one are in a nursing home or assisted living facility or in the need of in home care, please contact the Elder Law Attorneys at Cooper, Adel & Associates to discuss your options.

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DISCLAIMER – Every case is different because every case is different. This blog does not give legal advice. This blog does not create an attorney client relationship. You are not permitted to rely on anything in this blog for any reason. This blog is an entirely personal endeavor. Every person’s situation is different and requires an attorney to review the situation personally with you.
No attorney-client relationship is created by this site.

The use of the Internet, this blog or email for communication with this firm or any individual member of this firm does not establish an attorney-client relationship. Before we represent any client, the client and the attorney will sign a written retainer agreement.
If you do not have a written, signed retainer agreement with us, we are not representing you and will not be taking any action on your behalf.

 

The Importance of Planning for Special Needs Families

By: Attorney Nathan Simpson

Screen Shot 2013-04-25 at 9.47.22 AMGrowing up with a brother who is disabled, I know firsthand the importance of estate planning. The plans that my parents put in place now will have a significant impact on the quality of life for my brother after they have passed away. This means thinking further into the future than most people typically do.

Typically, special needs planners look to trusts that will enable those with disability to have assets available for their care without disrupting public benefits. This is a good first step, however it is not the only thing families should be concerned about. Planning for long term care costs for both themselves and their special needs child, in our case, my brother, should be a high priority. With Nursing Home costs exceeding $10,000 a month in some parts of the state, ensuring that there are assets to pass down to your children requires advanced long term care planning. Additionally, even establishing a basic estate plan that allows assets to avoid being tied up in a costly probate takes on a new level of importance for families like mine.

If your family is like mine, and you are concerned about creating a plan for members of your family with disabilities, talk to the Elder Law Attorney at Cooper, Adel & Associates. Our Elder Law Attorneys have the knowledge about both estate planning and government benefits you need to ensure that your family has their ducks in a row.

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DISCLAIMER – Every case is different because every case is different. This blog does not give legal advice. This blog does not create an attorney client relationship. You are not permitted to rely on anything in this blog for any reason. This blog is an entirely personal endeavor. Every person’s situation is different and requires an attorney to review the situation personally with you.
No attorney-client relationship is created by this site.

The use of the Internet, this blog or email for communication with this firm or any individual member of this firm does not establish an attorney-client relationship. Before we represent any client, the client and the attorney will sign a written retainer agreement.
If you do not have a written, signed retainer agreement with us, we are not representing you and will not be taking any action on your behalf.

 

National Healthcare Decision Day

By Attorney Keith Stevens

Screen Shot 2013-04-23 at 10.23.25 AMYou may not have realized it, but April 16 was National Healthcare Decisions Day. In a time when you can find national days celebrating all sorts of crazy things (on May 9th you can commemorate Lost Sock Memorial Day), National Healthcare Decision Day should be of interest to us all.

The purpose of National Healthcare Decisions Day is to encourage people to take charge of advance care planning. This is an area that needs clarification and discussion. In 2003, the U.S. Agency for Healthcare Research and Quality reported that fewer than 50% of severely or terminally ill patients had advance directives in their medical record, while 65-76% of physicians whose patients had advance directives were unaware of it. But there are signs of improvement – according to the Pew Research Center in a January 2006 report, the number of people with living wills jumped 17% between 1990 and 2005, from 12% to 29%, in part thanks to the infamous Terri Schiavo litigation.

Dealing with advance planning can be difficult not only because of the emotions involved, but also because of the common perceptions people have, correct or incorrect. People often have difficulty figuring out how healthcare powers of attorney, living wills, and do-not-resuscitate orders fit together, or even how these three documents are different from each other. That’s before we even start talking about the differences in state laws. With fifty states, there are fifty living will statutes and the requirements for a healthcare representative can vary greatly between them. When clients of mine move to another state, the healthcare documents are the ones that are most likely to need to be replaced. What you may have heard from a friend or family member in Indiana won’t necessarily apply in Ohio.

With today’s medical treatments, it is not unusual for our bodies to outlast our minds. We are living longer and advances in healthcare mean that fewer of us are dying as early of heart disease, cancer, and similar ailments, the downside of which is that we are more likely to develop dementia or other mental disorders than any previous generation. These facts, coupled with increasing legal regulation of physician-patient relationships, make advance directives all the more important.

If you have not already created advance healthcare directives, consider contacting an elder law attorney to assist in drafting them. If you do have these directives, the best thing you can do is make sure that your physician knows about them and that you have talked with your family or other agents.

National Healthcare Decision Day has its own official website at http://www.nhdd.org/

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DISCLAIMER – Every case is different because every case is different. This blog does not give legal advice. This blog does not create an attorney client relationship. You are not permitted to rely on anything in this blog for any reason. This blog is an entirely personal endeavor. Every person’s situation is different and requires an attorney to review the situation personally with you.
No attorney-client relationship is created by this site.

The use of the Internet, this blog or email for communication with this firm or any individual member of this firm does not establish an attorney-client relationship. Before we represent any client, the client and the attorney will sign a written retainer agreement.
If you do not have a written, signed retainer agreement with us, we are not representing you and will not be taking any action on your behalf.

Attention Medicare Beneficiaries

By Roy Whited

Screen Shot 2013-04-23 at 10.12.53 AMThis information was taken in part from the Ohio Department of Insurance Website.

COLUMBUS – Lieutenant Governor and Ohio Department of Insurance Director Mary Taylor announced the Ohio Senior Health Insurance Information Program (OSHIIP), the state’s official source for free and unbiased Medicare information and counseling, will hold “Welcome to Medicare” events in 17 counties running April through May. The events will help new and soon-to-be beneficiaries understand the basics of Medicare.

At the events, people can learn about the important deadlines and benefits Medicare provides, Medicare Advantage plans, supplemental health insurance, and prescription drug coverage. There will also be information regarding financial assistance programs that help pay for Medicare’s Part B premium and out-of-pocket expense associated with prescription drug costs.

For a list of the upcoming events visit www.insurance.ohio.gov

Cooper, Adel & Associates law firm would like to encourage everyone to make sure they understand what and how much Medicare pays to cover the cost of a long-term nursing home stay. It is not much.

For more information on how to protect your assets from being lost to the cost of a long-term nursing home stay call 1-800-798-5297 to schedule a free one-hour consultation.

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DISCLAIMER – Every case is different because every case is different. This blog does not give legal advice. This blog does not create an attorney client relationship. You are not permitted to rely on anything in this blog for any reason. This blog is an entirely personal endeavor. Every person’s situation is different and requires an attorney to review the situation personally with you.
No attorney-client relationship is created by this site.

The use of the Internet, this blog or email for communication with this firm or any individual member of this firm does not establish an attorney-client relationship. Before we represent any client, the client and the attorney will sign a written retainer agreement.
If you do not have a written, signed retainer agreement with us, we are not representing you and will not be taking any action on your behalf.

Super Foods for Seniors

By Bob Kueppers

I visited my grandfather a few days ago, and like each time I visit, I'm constantly being forced to eat whatever snack he's currently munching on, only to be washed down with super strong homemade red wine. My grandfather is 92 and in great health. He drinks red wine every day and is always eating walnuts, beans and pomegranates when in season. I came across an article on the 10 super foods for seniors and wasn't too surprised to see my grandfathers favorites on there. 

 

Antioxidants protect the body from dangerous substances called free radicals that can lead to many chronic diseases. Antioxidants work by slowing or preventing the oxidative – or damage from oxygen – process caused by free radicals that can lead to cell dysfunction and the onset of problems like heart disease, macular degeneration, diabetes and cancer. For seniors, an antioxidant-rich diet in the following foods and drinks can help boost the immune system and provide major health benefits.

 

Beans - Beans are close to the perfect food. They are chock full of protein, vitamins, calcium, fiber, and more. Red beans have more antioxidants per serving than any other fruit or vegetable. Small red beans and kidney, pinto and black beans are all choices rich in antioxidants.

 

Pomegranates – In addition to increasing antioxidants in the blood, pomegranates also decreases LDL (bad cholesterol) and cholesterol plaque build-up. The major health benefit of pomegranates seems to be their role in reduction of heart disease. It is better to drink the juice rather than eating the fruit, since most of the strong antioxidants found in pomegranate are found in the skin which we don’t consume. 

 

Cinnamon - Taken daily, cinnamon’s ability to reduce total cholesterol, bad cholesterol and triglycerides is comparable with statin drugs. Cinnamon seems to help the body use insulin more efficiently. Cinnamon also cuts blood sugar levels by 20 to 30 percent.

 

Blueberries - A great source of antioxidants and dietary fiber, blueberries contain more antioxidants than any other fruit or vegetable. The powerful compounds in blueberries belong to the flavonoid family. These combat free radical damage linked to heart disease and cancer. Studies show blueberries may boost your brainpower also. Blueberries, like cranberries, also fight off urinary tract infections.

 

Tomatoes - Tomatoes contain a powerful antioxidant called lycopene. Tomatoes cooked in soups, sauces or ketchups reduce the risk of prostate cancer and other cancers of the digestive tract. 

 

Black Tea - Black tea may help protect against various forms of cancer, cardiovascular disease, Alzheimer's, Parkinson's disease, and rheumatoid arthritis. Researchers say drinking 20 oz. of tea every day for two weeks doubles or triples the immune system's output of an infection fighting substance called interferon gamma.

 

Green Tea - Green tea is another antioxidant-rich choice. Green tea contains a unique antioxidant called EGCG, which stands for epigallocatchin-gallate. These antioxidants are only found in green tea, which help eradicate free radicals and slow the aging process.

 

Red Wine - Red wine is the only alcoholic beverage that makes the list. Red wine contains bioflavonoids, phenols, resveratrol, and tannins, which have antioxidant and anticlotting properties, and raises HDL count – the good cholesterol.

 

Nuts - Walnuts, pistachios, pecans, hazelnuts and almonds are some of the top nuts for antioxidant content.

 

Dark chocolate - And for dessert, don’t forget that a piece of dark chocolate. It ranks as high as or higher than most fruits and vegetables in terms of antioxidant content.

 

Check with your doctor before starting any diet regimen.

 

(from agingcare.com)

 
 

DISCLAIMER – Every case is different because every case is different. This blog does not give legal advice. This blog does not create an attorney client relationship. You are not permitted to rely on anything in this blog for any reason. This blog is an entirely personal endeavor. Every person's situation is different and requires an attorney to review the situation personally with you. No attorney-client relationship is created by this site. The use of the Internet, this blog or email for communication with this firm or any individual member of this firm does not establish an attorney-client relationship. Before we represent any client, the client and the attorney will sign a written retainer agreement. If you do not have a written, signed retainer agreement with us, we are not representing you and will not be taking any action on your behalf.

 

Let’s Live to 100!

 

By Melissa Reynard

Ok, it's that time of the year again. Time to set some New Year's resolutions. How about this year, we resolve to live to 100. People do it, it is possible.

Before we get started, take this test, see how long the computer expects you to live doing what you're doing now:

http://calculator.livingto100.com/

Ok, got your results? Now if you didn't already score to living to 100, there's some things you could potentially do to improve that. Aside from the obvious things like stopping smoking, excercising and eating better, there are several other things you can do to improve your lifespan. First thing you can do? Don't retire. Studies have shown that people who stop working abruptly have an increased chance of obesity and chronic disease. Floss, there is apparently a bacteria that flossing can get rid of that causes inflammation of the arteries. Eat a fiber-rich breakfast. Not that sugary stuff in most stores, but real whole grains. It will give a lower incidence of diabetes. And get some sleep, at least six hours a night! And surprisingly, be a creature of habit. Those people that have set schedules seem to do well for maintaining a steady equilibrium. And also, stay connected to people and be conscientious of them. We are social creatures and our social interactions are what keep us happy and healthy.

Doing all of these things would be optimal, but even if you can't, a few changed practices could make a difference in how long you live and enjoy the life that you live.

Sources:

http://health.usnews.com/health-news/family-health/living-well/articles/2009/02/20/10-health-habits-that-will-help-you-live-to-100

IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).

 

Languages and Alzheimer’s

By Melissa Reynard

There's plenty of good reasons to learn another language. Travel, education, literature; and it's time to add another reason. Research shows that learning another language could also help to prevent Alzheimer's.

Linguists have long debated over the “critical period hypothesis” which says that the ability to acquire language is linked to a person's age or biology. Further debated is the window in which there is this optimal opportunity. The most popular theory for this range of time is early childhood, before puberty. But this isn't to say that older people can't learn languages. They may not develop the fluency in which a child can speak a language, but they can certainly learn another language.

And if learning that language staves off Alzheimer's, it is something that probably should be thought about. When learning a language, the brain creates new neural pathways which helps with brain function and memory. It's a way of “exercising” the brain and keeping it from that dormancy that seems to accompany Alzheimer's.

It should be noted that learning a new language will not prevent Alzheimer's in all cases. But at the very least, it could delay the progress of Alzheimer's. A study of 450 Alzheimer's patients showed that those who were bilingual for most of their lives had a delay in onset of Alzheimer's by about 4-5 years compared to those people who only spoke one language. And that doesn't take into account the learning of a new language at an older age either, as it was for already established bilingual users. And even better, another study shows that people who spoke four or more languages were five times less likely to have memory problems than even the bilingual speakers.

So what are you waiting for? There are so many languages out there to learn (6,800 different languages at last estimated count) and there's no longer the excuse that you are too old to learn another language. You don't have to develop fluency, but give your brain a better shot and pick up that English to whatever dictionary. Because health is important in any language:

 

Salud

בריאות

Salute

健康

Santé

स्वास्थ्य

Здоровье

Heilsa

الصحة

Gesundheit

Υγεία

Sláinte

Veselības

สุขภาพ

Sức khỏe

健康

 

 

Sources:

http://www.pickthebrain.com/blog/how-to-prevent-alzheimer%E2%80%99s-by-learning-another-language/

 

http://healthland.time.com/2011/02/22/why-speaking-more-than-one-language-may-delay-alzheimers/

 

 

IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).

 

What is in your future?

 

Bethany Smith

Fox news recently had this article covering a topic that few people probably think about unless it affects them. While many people will not encounter this issue it does cause you to think outside of the box and plan for future events that you might not have considered.

Melissa Amen conceived her 3-year-old daughter, Kayah, seven days after Kayah's father died of cancer.

"It's my miracle," the 28-year-old Nebraska resident told FoxNews.com. Melissa and her husband, Joshua, struggled for two years to have a child before she conceived through intrauterine insemination. Joshua had stored his sperm in a bank in case treatments for his cancer rendered him sterile. They were planning to raise a family together despite his three-year battle with cancer.

Now Amen faces her own battle: Winning Social Security benefits for Kayah from a federal government that, in essence, doesn't recognize Joshua as the father.

The Social Security Administration denied Melissa's application seeking survivor benefits for Kayah because she was conceived after the death of her father.

"I was so frustrated. I didn't know what to do," Amen said. "I knew I had to fight for her benefits."

Amen, who is challenging the decision in federal court, is not alone.

The use of assisted reproductive technology, such as in vitro fertilization and artificial insemination, is becoming more widespread among U.S. troops and cancer patients as they are increasingly banking their sperm to prevent a premature death or sterility-inducing injury from allowing them to have children, observers say.

Yet only 11 states recognize the biological relationships of children conceived posthumously: California, Colorado, Delaware, Florida, Louisiana, North Dakota, Texas, Utah, Virginia, Washington and Wyoming.

Other states grant inheritance rights to children born after one parent dies only if conceived naturally. And although the Social Security Administration generally oversees benefits, it defers to states when determining parentage and children's inheritance rights.

No matter what situation you are planning for Cooper, Adel & Associates can help you plan for the unseen events in your life. Call us at 800-798-5297 to schedule a free a consultation.

Read more: http://www.foxnews.com/politics/2011/03/26/children-conceived-death-parent-face-uphill-battle-inheritance-rights/#ixzz24DNjPPfB

Winter health & safety tips for seniors

By Attorney Liz Durnell

 

Watching the news right now it's hard to not hear about Hurricane Sandy and the “Perfect Storm” that is about to hit the east coast and has left me wondering about advice to give to Seniors so that they can protect themselves in in-climate or winter weather.

This led me to the following article entitled “Seven Tips: Winter Health & Safety for Older Adults” by the Center for Aging and Community.

 

1. Tread carefully
- To help avoid falls, wear appropriate shoes outdoors and put road salt, sand or kitty litter on sidewalks and driveways. Better yet, if the walks haven’t been cleared, ask friends or relatives for help with errands such as grocery shopping.

2. Avoid overwork
- Find someone to handle snow shoveling and other strenuous outdoor tasks. Cold weather causes blood vessels to constrict, which increases the risk of heart attack for people with heart disease or other conditions that strain the heart’s ability to pump blood.

3. Exercise indoors- 
Staying indoors does not mean being inactive. Keep in shape by walking in place, using a stationary bike or working out with a fitness video, available at the local library. Daily stretching exercises can help maintain flexibility. Check with your physician before beginning any exercise program.

4. Bundle up
- Cold temperatures are a serious threat to seniors, especially those with Alzheimer’s disease or dementia. A person who wanders from home without proper clothing in the winter can quickly fall victim to frostbite or hypothermia. Families should consider installing alarm systems that signal whenever an outside door is opened.

5. Keep the heat on
Inadequate indoor heat also can cause hypothermia. Keep home temperatures above 65 degrees and dress in layers to maintain body temperature. If you have difficulty paying the heating bill, contact your gas or electric utility about ways to continue service through the winter.

6. Clear the air
- If you heat your home with a fireplace, gas furnace or gas-powered space heater, invest in carbon monoxide detectors, which can be purchased at a home improvement store for as little as $30. Carbon monoxide in the air can displace the oxygen in your blood stream and cause headache, dizziness, nausea, convulsions and even death within two hours. The effects can be even faster for people with heart or respiratory illnesses.

7. Socialize
- Depression is more common in the winter months, and bad weather can mean social isolation for many seniors. Make efforts to spend time with family, friends and neighbors, and when weather makes visiting difficult, pick up the phone for a chat.

 

 

IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).

 

The Hidden Impact of War on the Health of Our Soldiers, Sailors, Airmen, and Marines

By Steve Wright

Many Americans are familiar with the Vietnam War and the lasting impact that it has had on our nation. We have a memorial in Washington D.C. which contains the names of the fallen and missing Americans who so bravely fought in Vietnam. We have movies, books, and video games based on the war. Some of us even know that we suffered around 58,000 service member deaths during the course of the war in Vietnam. What many Americans do not know, or may not realize is that the war in Vietnam has left a lasting negative impact on the service members, their families, and the communities of those who served in Vietnam.

Today, in America, brave service members are still suffering and dying because of their service in Vietnam. They made it home only to discover years later that the chemicals the U.S. Government sprayed on the crops and forrest of Vietnam contained deadly toxins. These toxins, known as dioxin, are known to cause several kinds of cancers. Currently, the Department of Veterans Affairs has a list of cancers and diseases that are considered to result from Agent Orange exposure, and they will compensate veterans who served in country, and who can prove that they they have one of the recognized diseases. Also, if a veteran did not serve in Vietnam, but they can show that they likely were in contact with Agent Orange, then the VA may compensate them.

However, obtaining this compensation can be daunting. Many veterans do not understand the VA system, and after filing a claim for compensation, give up when they are initially denied. Because the VA process can be challenging it is often a good idea to contact a professional or attorney who specializes in VA claims as they can provide you valuable information and help in either applying for or appealing a claim.  

 

 

IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).

 



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