Category Archives: Medicare

Medicare Part D Open Enrollment Begins Earlier This Year

By: JM Megail Gaumer

More benefits, better choices and lower costs, the Centers for Medicare & Medicaid Services (CMS) is encouraging people with Medicare and their families to begin reviewing drug and health plan coverage options for 2012. The Medicare Open Enrollment Period – which began earlier this year on Saturday, October 15 – and has been expanded to last seven weeks and will end on December 7.

This longer period will give seniors and people with disabilities more time to compare and find the best plan.

The Affordable Care Act, allows people with Medicare to get certain preventive services for free and can get more affordable prescription drugs.  Additional benefits to people with Medicare include lower prescription drug costs through a 50 percent discount on covered brand name drugs in the coverage gap (also referred to as the “donut hole”), wellness checkups, and access to certain preventive care with no copayments – a benefit that all Medicare Advantage plans will offer starting in 2012.

This year CMS is highlighting plans that have achieved an overall quality rating of 5 stars with a high performer or “gold star” icon so people with Medicare can easily find high quality plans. People with Medicare can switch to an available 5-star plan at any time during the year.

People can contact Medicare at 1-800-MEDICARE or visit Medicare’s Plan Finder – available at www.medicare.gov/find-a-plan – people will see the enhanced star ratings for 2012. In addition to the enhanced star ratings for 2012 and new “gold star” icon, Plan Finder users will see an icon showing which plans received a low overall quality rating for the past three years.

We at Cooper and Adel are happy to assist in any way we can if you or your family have questions.

 

Means Testing of Social Security and Medicare May be Closer Than You Think

Attorney Thom L. Cooper

Ohio Medicaid AttorneyI just read that the billionaire Warren Buffet said that he didn’t think he should get a Social Security check and that Social Security benefits should be means tested.  Well spoken, I guess, by a person who gets millions of dollars of tax breaks every year and to whom that Social Security check would not make a bit of difference.   Reflecting this recent attitude,  I have come across several news articles (examples are below) suggesting that Social Security programs and Medicare Programs should be means tested as a way to solve the Federal budget problem.

“Means testing” is the idea that the amount of your assets and income will determine whether or not you get any Social Security or Medicare benefits.  In other words you must spend all of your savings before getting these benefits.  Most of my clients don’t believe that this is right.  They believe that the Social Security withholding that was taken out of their paychecks for their entire lives was for their retirement.  They also believe that Medicare is for everyone…rich or poor… just as President Lyndon Johnson said when the programs were enacted.

That idea is apparently changing among the policy makers in Washington as they face Federal budget problems.  I believe the following articles reflect the changing mood among these policy makers.  A particularly insidious idea is reflected in the third article which begins to equate Social Security benefits to “Welfare Benefits”.  If you want a shock about this means testing idea get on the Internet and check it out yourself.

As an Ohio elder law attorney, I believe that seniors should act now to protect their assets from potential means testing!!  The reason is that protecting assets from means testing normally requires waiting periods and “grandfather” provisions.  Generally, the earlier you start to protect your assets, the better off you are.  Our firm has been protecting assets from Nursing Home means testing for years and it now appears that the attorneys and staff at Cooper and Adel will have a big job ahead of us to make sure that our middle class clients are not impoverished as means testing of Social Security and Medicare moves forward.

Below is a sample of some of the articles:

In a recent Forbes Magazine Liz Davidson talks about the fact that the Social Security Disability Insurance Program is running out of money and is expected to be insolvent within six years  (http://blogs.forbes.com/financialfinesse/).  According to the author one of the things being suggested to solve the problem is:

Another possibility is some sort of means testing, in which benefits are restricted to those with limited assets, forcing you to spend down your life savings just as you would have to do to qualify for long term care insurance under Medicaid.”

Another recent article in Cutting Edge History suggested:

Keeping in mind the initial rationale for Social Security, means testing may make sense. A payment to an already wealthy retiree does little to increase their spending. The payment must be made to those who are forced to spend by the poverty of their alternatives.” (http://cuttingedgehistory.com/2011/08/08/a-case-for-means-testing-social-security/)

Yet a third recent article in National Affairs by Yuval Levin suggested (p. 35):

Second, essentially all government benefits — including benefits for the elderly — should be means-tested so that those in greater need receive more help and those who are not needy do not become dependent on public support. Most retirees would still receive some public benefits (and the poorest could well get more than they do now), but the design of our welfare programs would avoid creating the misimpression that they are savings programs.” (http://www.nationalaffairs.com/publications/detail/beyond-the-welfare-state)

And to top it all off in a recent Article in ABC news President Obama suggested his support for the means testing of Medicare:

President Obama indicated today that he would be open to means-testing Medicare – requiring wealthier seniors to pay more — as part of a compromise plan to reduce the deficit”  http://blogs.abcnews.com/politicalpunch/2011/07/president-obama-publicly-supports-means-testing-medicare.html

Make no mistake, “wealthier senior” means you!  If you want to look at the Governments definition of “wealthy” look at the current means testing requirements for nursing home spend downs.

 

How Do I Pay for Long Term Care?

By Jordan Myers

Many senior citizens and adults reaching retirement age have a lot on their minds. “How should I manage my money when exiting the work force?” “How can I protect my assets?” and “How can I get high-quality healthcare without spending every dollar that I’ve worked my entire life to earn?” The answers to these questions can be difficult to answer, but answering them and planning ahead can make a world of difference!

In today’s blog I would like to talk about a common misconception concerning long term care for seniors and how planning is key in preventing a financial disaster. Some seniors believe that once they reach age 65 they will be entitled to Medicare benefits that will cover their medical expenses. While Medicare and Medicare supplemental insurance will pay out for doctor visits and prescription medication, it will NOT pay for long-term care in a nursing home or assisted living facility. Under certain specific circumstances, Medicare can pay for up to 100 days in a facility if discharged from a hospital into the facility, but after that you would be responsible to pay for the duration of the stay.

Did you know that, according to AARP.org, approximately 70% of Americans age 65 and older will spend at least some of their lifetime in a nursing home? One in ten of those seniors will spend at least 5 years in a facility. The current Average Private Pay Rate (APPR) for nursing homes in Ohio is $6,023 per month. That is over $360,000 over a five-year period, and I am asking you to consider that is using only the average. Many facilities have costs that are much higher.

Now let’s talk about the alternative resource that is used to pay for long term care, which is Medicaid. In an article from the website MoneyForVets.com, Medicaid is described as a government program that “pays for long term care expenses primarily for nursing home care.  However, there are some exceptions where Medicaid will pay for home care or assisted living expenses.” The exceptions mentioned in the article refer to ‘Assisted Living Waiver” and a program called “Passport”.

Medicaid is a highly regulated program and can sometimes seem complicated. Many eligible seniors never receive the benefit because they simply never apply. While the program is invaluable to many seniors, applying on your own without understanding how the program works, or consulting an elder law professional, can have devastating consequences. That is why I am asking you to contact our office and schedule a free consultation to discuss your plans with an experienced elder law attorney.

Until next time! Remember, that it is better to look ahead with preparedness than to look back with regret.

 

What’s new with Medicare Benefits?

By Mary Roberts

May is Older Americans Month according to Lieutenant Governor Taylor.  The State of Ohio Dept. of Insurance is attempting to help seniors understand their Medicare benefits.   It is a way of celebrating the fact that we are now eligible for Medicare.  We can call the Medicare experts at 1-800-686-1578 or go on OSHIP’s website www.insurand.ohio.gov OSHIP is making an effort to inform seniors about Medicare changes in 2011.

On an overview, one of the main changes is that there is a New Open Enrollment Period.  In 2011 Open Enrollment Period begins on Oct. 15 and continues thru Dec.  7.  The new dates are meant to remove stress from beneficiaries making critical decisions about their coverage during the busy holiday season.  This time is set up to give seniors the opportunity to make changes they desire in their coverage.

There are also Free Preventive Services being offered without Medicare Part B deductibles or co-payments: Pap smear tests, pelvic exams, mammograms, pneumonia and hepatitis shots and more.

There is also help paying for Medicare Part B (medical coverage) premium for beneficiaries who meet certain income and resource requirements.

Additional information is available at www.medicare.gov or by calling 1-800-MEDICARE (1-800-633-4227).

Were you admitted to the hospital as an inpatient or just for observation?

By Daneen Cline

My poor mother, not only is she plagued with numerous health issues, but to add insult to injury, her experiences as she travels through the health care system have repeatedly been chronicled and used as a teaching opportunity in this very blog by her opportunistic daughter (me). So what has happened to her recently that I am about to shamelessly exploit?

It was a hospital admission, no wait, that isn’t entirely accurate. Actually it was a Doctor-ordered “observation” in a hospital setting. What is the difference between admission and observation, you ask? Most of us are aware that if you have a 3 day hospital stay prior to a nursing home admission that Medicare will pay up to 100 days for the nursing home. However, a person can be in the hospital for 3 days under “observation” and will not qualify for the 100 days of nursing home benefits paid by Medicare.

My mother was in a regular hospital room, in a regular hospital bed, being tended by the same Doctors and nurses that were tending every other patient on the 6th floor. She even had an IV in her arm and was receiving both physical and respiratory therapy. In short, she looked and was being treated like every other patient there. It wasn’t until 2 days after she entered the hospital , when her Doctor recommended we consider placing her in a nursing home for some rehabilitation that I discovered she was in the hospital for observation and therefore was going to be privately paying for that rehabilitation. When I questioned the Doctor as to why she was there under observation as opposed to being admitted as an inpatient he simply said that Medicare regulations didn’t allow him to admit her because her condition didn’t warrant it.

It has been 9 weeks since this happened to my mother, and since then we have had several clients in our office who have experienced the same thing with a loved one. The days of assuming a 3-day hospital stay will qualify you for Medicare paid nursing home benefits are long gone. If a loved one who has Medicare is admitted to the hospital, ask if they are an inpatient or if they are only under observation, it will save you from an unpleasant surprise if the subject of a nursing home placement comes up in the ensuing days. If you need help in a catastrophic healthcare emergency that may require a long-term nursing home stay, call our office to see if we can assist you.

What you need to know about Medicare if you are turning 65

By Attorney Thom Cooper

The following is an article taken from a colleague, Michael Ettinger, who is a New York Elder Law Attorney.  It is one of the best reviews of Medicare I have come across and I thought I would like to share it with our clients.

The first of the 78 million baby boomers turned 65 on January 1, 2011, and some 10,000 boomers a day will reportedly be turning 65 between now and 2030. If you are among those about to turn 65, then it is time to think about Medicare. You become eligible for Medicare as soon as you turn 65, and delaying your enrollment can result in penalties, so it is important to act right away.

There are a number of different options to consider when signing up for Medicare. Medicare consists of four major programs: Part A covers hospital stays, Part B covers physician fees, Part C permits Medicare beneficiaries to receive their medical care from among a number of delivery options, and Part D covers prescription medications. In addition, Medigap policies offer additional coverage to individuals enrolled in Parts A and B.

Medicare enrollment begins three months before your 65th birthday and continues for 7 months. If you are currently receiving Social Security benefits, you don’t need to do anything. You will be automatically enrolled in Medicare Parts A and B effective the month you turn 65. If you do not receive Social Security benefits, then you will need to sign up for Medicare by calling the Social Security Administration at 800-772-1213 or online at http://www.socialsecurity.gov/medicareonly/. It is best to do it as early as possible so your coverage begins as soon as you turn 65.

If you are still working and have an employer or union group health insurance plan, it is possible you do not need to sign up for Medicare Part B right away. You will need to find out from your employer whether the employer’s plan is the primary insurer. If Medicare, rather than the employer’s plan, is the primary insurer, then you will still need to sign up for Part B. Even if you aren’t going to sign up for Part B, you should still enroll in Medicare Part A, which may help pay some of the costs not covered by your group health plan. For more information on Part A, click here.

If you don’t have an employer or union group health insurance plan, or that plan is secondary to Medicare, it is extremely important to sign up for Medicare Part B during your initial enrollment period. If you do not sign up for Part B right away, then you will be subject to a penalty. Your Medicare Part B premium may go up 10 percent for each 12-month period that you could have had Medicare Part B, but did not take it. In addition, you will have to wait for the general enrollment period to enroll. The general enrollment period usually runs between January 1 and March 31 of each year. For more information on Part B, click here.

With all the deductibles, copayments and coverage exclusions, Medicare pays for only about half of your medical costs. Much of the balance not covered by Medicare can be covered by purchasing a so-called “Medigap” insurance policy from a private insurer. You can search online for a Medigap policy in your area at http://www.medicare.gov/find-a-plan/questions/medigap-home.aspx. For more information on Medigap, click here.

Medicare also offers Medicare Part C (also called Medicare Advantage). You must be enrolled in Medicare Parts A and B to join a Medicare Advantage plan, the name for private health plans that operate under the Medicare program. If you join a Medicare Advantage Plan, the plan will provide all of your Part A and Part B coverage, and it may offer extra coverage, such as vision, hearing, dental, and/or health and wellness programs. Most such plans include Medicare prescription drug coverage. For more information on Medicare Advantage, click here.

Finally, Medicare offers prescription drug coverage under Medicare Part D. If you are not going to sign up for a Medicare Advantage plan with prescription drug coverage, then you will want to enroll in a prescription drug plan at the same time you sign up for Parts A and B. For every month you delay enrollment past the initial enrollment period, your Medicare Part D premium will increase at least 1 percent. You are exempt from these penalties if you did not enroll because you had drug coverage from a private insurer, such as through a retirement plan, at least as good as Medicare’s. This is called “creditable coverage.” Your insurer should let you know if their coverage will be considered creditable. Visit the Medicare Web site at https://www.medicare.gov/find-a-plan/questions/home.aspx to find a drug plan in your area. For more information on Medicare’s prescription drug coverage, click here.

After you’ve signed up for Medicare Part B, you can schedule a free “Welcome to Medicare” exam with your doctor.

Medicare’s “Improvement Standard” may soon be history

By Attorney Steve Roush

For some time now, Medicare has been requiring patients to show consistent “improvement” before continuing to pay for short-term skilled nursing home therapy.  That practice of cutting seniors off from therapy may soon be coming to an end.  According to ElderLawAnswers, a class action lawsuit has now been filed by five national organizations to prevent Medicare from stopping payments in these types of situations.  If successful, seniors may have more short-term options to help them get better after health setbacks.

Contact the Thom L. Cooper, Co. to find out more ways to help seniors pay for the costs of healthcare.

Extra Help with Medicare Prescription Drug Plan Cost

By Roy Whited

Those on Medicare, living in the 50 states or the District of Columbia can get Medicare prescription drug coverage.  Some individuals with limited income and limited resources can be eligible for extra help to pay the costs, monthly premiums, annual deductibles, and prescription co-payments related to a Medicare prescription drug plan.  The extra help is estimated to be worth an average of $3,900 per year.  Many who qualify for these big savings don’t know they exist.

There are certain income and asset limits that apply to this program.  For example, a married couple’s income must not exceed $21,855.00 or a single persons income needs to be below $16,245.00.  Keep in mind that not all cash payments count as income for this program.

The resource limit is approximately $25,000.00 for a couple and about $12,500.00 for an individual.  Again, keep in mind that not all assets count as a resource.  Example, your primary residence does not count, as well as other personal possessions including your car, certain life insurance policies, etc.

You can obtain more information about this program by searching www.socialsecurity.gov or contact our office for general questions at 1-800-798-5297

Hold Harmless Provision

By Roy Whited

New Medicare Premium, Deductible and Co-Pay, 2011.

The basic premium for Medicare Part B will be $115.40 a month in 2011, up from $110.50 in 2010 (a 4.4% increase).  But, because there will be not cost of living benefit increase for Social Security recipients for 2011, most beneficiaries will be exempted from paying the increase and will instead pay the same $96.40 premium amount they have paid since 2008.

A  “Hold Harmless” provision in the Medicare law prohibits Part B premium from rising more than that year’s cost of living increase in Social Security benefits.  Since there is no Social increase, most beneficiaries, about 73%, will not have to pay any increased Part B

premiums because of the Hold Harmless provision.  Those currently covered by the provision will continue to pay the Part B premium of $96.40 per month in 2011.

But, the hold harmless protection does not apply to the other 27% of beneficiaries- about 12 million in all- who either:

  • Do not have their Part B Premiums withheld from their Social Security checks, or
  • Pay a higher Part B premium surcharge based on high income or
  • Are newly enrolled in Part B

For more information about these New Medicare Premiums, Deductibles and co-pay for 2011 check on www.elderlawanswers.com or call our office at 800-798-5297.

2011 Medicare Changes

by: Megail Gaumer

In 2011 the basic monthly premium for Medicare Part B will be $115.40, up 4.4% from 2010.  But most beneficiaries will be exempted from paying this increase because there will be no cost of living increase in Social Security Benefits for 2011 and these recipients will pay the same $96.40 monthly premium they have paid since 2008.

A provision call “hold-harmless” in the Medicare law restricts premiums for Part B from exceeding more than the cost of living increase in any given year. Since there is no Social Security increase, approximately 73% of Medicare beneficiaries will not have to pay the increase.

For the other 27% that; A) do not have their Part B premiums withheld from their Social Security checks B) pay a higher Part B premium surcharge based on high income (see below), or C) are newly enrolled in Part B.  They will be subject to the higher premiums.

Everyone receiving Medicare benefits will however be responsible for the new deductibles and co-payments, such as, Part B deductible of $162, Part A deductible of $1,132, Co-payment for hospital stay days 61-90 of $283/day, Co-payment for hospital stay days 91 and beyond of $566/day and Skilled nursing facility co-payment, days 21-100 of $141.50/day.

And since 2003, higher-income beneficiaries will fall into a different category of payments as follows:

  • $161.50 for individuals with annual incomes between $85,000 and $107,000 and married couples with annual incomes between $170,000 and $214,000
  • $230.70 for individuals with annual incomes between $107,000 and $160,000 and married couples with annual incomes between $214,000 and $320,000
  • $299.90 for individuals with annual incomes between $160,000 and $214,000 and married couples with annual incomes between $320,000 and $428,000
  • $369.10 for individuals with annual incomes of $214,000 or more and married couples with annual incomes of $428,000 or more.

Rates differ for beneficiaries who are married but file a separate tax return from their spouse.  Those with incomes between $85,000 and $129,000 will pay a monthly premium of $299.90 and Those with incomes greater than $129,000 will pay a monthly premium of $369.10.



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