Category Archives: Medicare

Medicare May be Reformed Again (But for the Good this time)

By Attorney Liz Durnell

Screen Shot 2013-05-22 at 8.36.12 AMDid you know that Medicare will not pay for any part of a nursing home stay if you or your loved one were not “admitted” to the hospital for three days? Sometimes the person was just in the hospital for “observation.” Under current Medicare laws, if you are in for “observation,” you were not considered “admitted” to the hospital and Medicare will not pay for your nursing home stay.

There are few ways to combat this issue: 1. Have proper planning in place so that you are not reliant on Medicare, and; 2. Write to Your Senators and Member of the House to Support Observation Status Reform.

Proper planning may include irrevocable trusts, certain qualified annuities, and legal documents such as a Power of Attorney, Health Care Power of Attorney, and Living Will. You should consult an Elder Law Attorney to ensure that your planning is proper.

You may also write your Senators and member of the House to ask them to become co-sponsors of the Improving Access to Medicare Coverage Act (H.R. 1179 and S.569). The legislation reforms observation status and would allow time spent in the hospital under observation status to count toward the requisite three-day hospital stay for Medicare coverage of skilled nursing care.FB

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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.

 

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.

 

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.

Attention: Medicare Beneficiaries

 

Ohio Department of Insurance Program to Hold “Welcome to Medicare” Educational Events Statewide

COLUMBUS: The Ohio Senior Health Insurance Information Program (OSHIP), the state's official source for free and unbiased Medicare information and counseling, will hole “Welcome to Medicare” events in 15 counties from April 11th to July 25 to help new and soon-to-be beneficiaries understand the basics of Medicare, Lieutenant Governor and Department of Insurance Director Mary Taylor announced.

“Our staff is visiting every region of the state to personally help Ohioans new to Medicare understand how their new health insurance will work,” Taylor said of OSHIP, a program of the Ohio Department of Insurance. “Transitioning into Medicare can sometimes be a complicated change and we want to help put Ohioans at ease by addressing any questions or concerns they may have.”

At the “Welcome to Medicare” events, people can also learn the benefits Medicare provides and important deadlines they have to meet. Information will also be shared about Medicare Advantage plans, prescription drug coverage and supplemental health insurance coverage.

For those interested in a computer-generated Part-D comparison report, please bring your prescription drug information to include name, dosage, frequency and preferred pharmacy to the event. There will also be information about financial assistance programs which help pay for Medicare's Part B premium ($99.90 per month in 2012) and out-of-pocket expenses associate with prescription drug costs.

Here is a complete list of “Welcome to Medicare” events, which start at 6 p.m. Unless otherwise noted:

 

 

 

 

For more information about these events and Medicare, call OSHIIP at 1-800-686-1578. And be sure to visit www.insurance.ohio.gov or follow the Department on twitter @ OHInsurance and on Facebook www.facebook.com/OhioDepartmentofinsurance for more information.

Remember, while Medicare covers a lot of health care expenses it does not cover much of the cost related to long term nursing home stays. In fact it only covers skilled care for a limited number of days and pays nothing for custodial care. The average cost of a nursing home in Ohio is over $6,000 a month and can wipe out the life savings of many seniors. Why not contact the professionals at Cooper,Adel, and Associated, A Legal Profession to learn now planning today can protect your assets tomorrow. Call 1-800-798-5297 to schedule a free 1 hour consultation.

Beware of These Common Medicare Scams

 

By Roy Whited

This information was taken in part from an article posted on 12-18-2011 by MedicalBillingAndCoding.org/blog.

Whether you or someone you care about is a recipient of Medicare, it's essential to watch out for scammers in order to protect your benefits. Here we have listed some common scams that criminals use to try to get their hands on your Medicare number and the potential goldmine of benefits it can mean for them. Remember, never give out your information to anyone other than your health care provider. No one else should ever ask for it! Perhaps one exception to this would be your agent, or representative for your Medicare Supplement or Advantage Plan who may need the number to complete your application.

#1. The Poser Scam:

One of the more common ways criminals scam those with Medicare is by posing as Medicare employees, health care practitioners, or insurance representatives, something many may not suspect. These fraudsters call, email, or send a letter asking for personal information that usually includes bankaccount, Social Security, and Medicare numbers. While the interactions may seem legitimate, it's important to remember that federal employees, working for Medicare or otherwise, will never phone or email you to get bank or Medicare information. Why would they need to? Your insurance provider or doctor will not either. If you encounter any of these mailings or calls: hang up, ignore, and report them.

 

#2. The Healthcare Reform Scam

Healthcare reform is on the lips of just about everyone these days, and scammers are using it to cash in. Many adults don't know what the new healthcare legislation actually entails, and that's just the way criminals want it. It makes many Americans easy targets for scams, like those that claim to sell “healthcare reform insurance” that purportedly protects seniors from losses to their Medicare or fines they may incur from not meeting guidelines. The thing is, healthcare reform insurance doesn't exist. Identity thieves and scammers will use this tactic to try to get your Medicare numbers, SS numbers. They can create a whole heap of trouble for you.

 

#3. The Free Lunch Scam

Everyone loves free stuff, right? Well in this case, there truly is no such thing as a free lunch. Scammers in low income areas are taking advantage of some of the neediest Medicare recipients by drawing them in to fake health care clinics with the promise of free food or gifts. Once they have the victim right where they want them, they try to get Medicare numbers through coercion and then use them to commit Medicare fraud. No legitimate clinic or government program will ever exchange gifts for using their services. So, no matter how great it looks on paper, it's probably bogus.

 

#4. The Kickback Scam

While you'd be able to smell this scam from a mile away, some fraudsters can be pretty darn tricky. They might offer you a cut of the take in exchange for your Medicare number, but they won't put it like that. Criminals might veil it under a prize, reward, or other guise to mask the fact that they're doing something that is very clearly illegal. If anyone ever promises you a gift or monetary rewards for Medicare number, decline their offer immediately. You'll be drawn into the scam, and could face criminal charges for your role.

 

#5. The Refund Rip off Scam

As part of the Affordable Care Act, many senior Medicare recipients may be eligible to receive a refund from the government of $250 to help cover their prescription drug costs. Criminals have pounced on these checks as an opportunity to make some extra cash and scam some Medicare numbers at the same time. Many have called seniors and told them that they need to confirm Medicare numbers in order to send out the checks. The scams are varied and quite nefarious in that they prey on those that need benefits of Medicare the most. Keep in mind that Medicare numbers are like credit card numbers: they should never be given out to strangers over the phone.

 

#6. The Imposter Employee Scam

Anyone can claim to work for the government, and many who fall victim to fraudsters may not have thought to ask for identification (though that could easily be faked as well). The reality is that many criminals looking to scam those on Medicare will call or even come to the home of recipients asking for personal information like Medicare numbers and bank accounts. Medicare will not send people out to collect this information, nor do they cooperate with private insurers to collect this information. Never trust someone who calls or visits you out of the blue looking for information on this kind.

Should you be approached or exposed to any of the above scams make sure you contact the local police, the sheriff's office or the State Insurance Department to file an official complaint.

Should you have other questions about how to protect your life savings including your home, contract the law office of Cooper, Adel, and Associates to schedule a consultation at 1-800-798-5297.

Attention Medicare Beneficiaries

 

By Roy Whited

 

Medicare premiums, deductibles and co-pay amounts are lower than expected for 2012.

 

Part A   (Hospital) Deductibles

 

Hospital Deductibles $1,156.00

(per benefit period day 1 to day 60)

 

Hospital co-pay $289.00/day

(inpatient days 61-90)

 

Lifetime Reserve Day co-pay $578.00/day

(inpatient days 91-150)

 

Skilled Nursing Facility co-pay $ 0

(day 1 to day 20)

*if after a 3 day hospital stay, skilled care only

 

Skilled Nursing Facility co-pay $144.50/day

(day 21-100) skill care only

 

Part B   (Doctors & Outpatient)

 

Part B Premium $99.90/month

This standard premium applies to individuals with modified adjusted gross income (MAGI) of $85,000 or 

less; married couples with MAGI of $170,000.00 or less.

 

Park B Annual Deductible $140.00

 

Co- Insurance Amount 20%

 

IMPORTANT:  Remember, Medicare only pays for skilled nursing home care for 20 days, and also requires a 3 day hospital stay prior to the nursing home stay.  The co-pay per day is $144.50 per day from day 21 to day 100 if you qualify and are receiving skilled care.  After the 100 days the Medicare beneficiary is responsible for the cost of nursing home care.  Medicare does NOT pay for custodial nursing home care or care you received in assisted living.

 

Contact Cooper, Adel, & Associates to learn more about protecting your asset.  

Call 1-800-798-5297 for a free one-hour consultation.

 

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).



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