Archive for the ‘nursing home’ Category

Beware of Medicare Advantage Plans for Late Seniors in Indiana

Sunday, January 23rd, 2011

Medicare Advantage plans seem attractive because of their low premiums but there are downfalls to them. Often Indiana seniors don’t realize they have then given up their traditional Medicare benefits. Most seniors over the age of 75 will at one time need to utilize their rehab benefit after a hospital stay. The majority of the Medicare Advantage plans have a limit of 15 days of coverage. If the senior is unable to go back home and be safe so soon they will have to pay privately at a rate of $185 per day.
Be sure to check your parents policy to make sure they didn’t give up their Medicare. You can usually tell based on the premium, less than $125 per month. If they have switched they still have time to get Medicare back. If you want to leave your Medicare Advantage (MA) Plan, you have until February 14, 2011 to drop your plan and switch to Original Medicare. If you do switch to Original Medicare and you had drug coverage through your Medicare Advantage plan, you have until February 14 to also join a Medicare Prescription Drug Plan.

The next Medicare open enrollment period when most people can make changes starts October 15, 2011. See “Understanding Medicare Enrollment Periods” for more details.

It is also important to know that Veteran seniors should never give up their Medicare B coverage. Just recently the VA had to cut coverage and many of these veterans had given up their Medicare coverage. They will now have to pay a penalty for every month they were eligible and didn’t have it.

Medicaid Planning

Tuesday, June 29th, 2010

A person facing the prospect of long-term care with moderate income and assets may eventually have to rely on Medicaid to pay part or all of the cost of care. In the Medicaid chapter we learn of provisions to protect a healthy spouse financially. But many states rob a healthy spouse of a previously adequate income by allowing too little in protected resources and income. Likewise, children, relatives and friends are not recognized for the financial sacrifices they make in providing the early care before a recipient becomes bad enough to need Medicaid funded professional help.

Medicaid planning, using a professional Medicaid planning advisor allows you to correct inequities in the system. Medicaid planning has gotten a bad name because some individuals, who would normally have too many assets to ever qualify for Medicaid, deliberately use it, many years in advance, to give away everything to their family so as to qualify for Medicaid. It is wrong to abuse the system in this way and to use taxpayer dollars to insure an inheritance for the family. And if that person is not anticipating immediate care, this strategy is just plain dumb.

Some Medicaid planners will attempt to discredit other forms of funding long-term care such as using insurance or a reverse mortgage. They do this in order to discourage the public from using these other strategies. The intent is to limit competition ensuring that paying clients will rely entirely on Medicaid planning as a solution. On the other hand, many long term care funding specialists will use the same strategy against Medicaid planners to eliminate competition from their services. These people make Medicaid planners appear as evil or dishonest. Medicaid planning is no different from tax planning. In fact a Supreme Court decision condones honest methods of eliminating income taxes or estate taxes. Tax planning and Medicaid planning both put an additional burden on taxpayers, but one is considered ethical and the other not.

We believe that all strategies have their place in the scheme of things. Medicaid planning fits certain circumstances usually where families are in a crisis mode trying to preserve a few assets such as a house or a savings plan. There is no attempt to take advantage of the taxpayers. Using other strategies for paying the cost of care is much better for a younger generation wanting a plan that will allow for home care, assisted living and a choice in care services.

Tom Day, http://www.longtermcarelink.net/eldercare_medicaid_planning.htm

Aging Avenues can help you with qualifying for Medicaid without spending all your assets. Give us a call 317-731-3315

Medicare Star Rating System

Tuesday, June 29th, 2010

I often hear how facilities can have inspections with Immediate Jeopardy and recieve a 5-Star rating. This is a good explanation on how the system works.

Investigative Report Questions Five-Star Rating System for Nursing Homes
From Elder Law Answers

How reliable are the ratings given nursing homes under the five-star rating system that the federal government recently instituted? Not very, according to an investigative report by the Massachusetts magazine Commonwealth.

In an in-depth discussion of the rating system, the report highlights numerous instances in which facilities received above-average overall ratings despite being cited for serious deficiencies in care, some of which resulted in serious injuries of residents.

The rating system, which was launched in December 2008 by the federal Centers for Medicare and Medicaid Services (CMS), gives nursing homes a rating of between one and five stars. A five-star designation means the facility ranks “much above average” compared to other facilities in its state, while a one-star designation means that a facility ranks “much below average” in the state. The rankings, which are updated monthly, are based on a nursing home’s performance in three areas: quality measures, nurse staffing levels and health inspection reports.

The problem, according to the report, is that the rating scheme uses a quota system to rank facilities. Nursing homes that rank in the top 10 percent in health inspections in each state receive five-star ratings in that rating category, while facilities in the bottom 20 percent receive one-star ratings. This “grading on a curve” approach means that homes with serious deficiencies can still score high as long as their inspection records are better than most other homes in their state, while in another state a home with few problems could nevertheless receive a mediocre or poor rating.

Adding to the confusion is that the star ratings are heavily weighted by the health inspections, which are conducted by state surveyors and, according to the report, “vary considerably in scope and depth from state to state.” The report points out that Massachusetts inspectors give nursing homes relatively few deficiency citations, resulting in “grade inflation” where the top 10 percent of homes would not necessarily be as outstanding as the top facilities in another state.

Disturbed by these issues, last year the attorneys general of 30 states sent a letter to CMS asking it to suspend and revise the rating system.

Nursing home consumer advocates appear conflicted about the rating system: on the one hand, they see it as a useful tool for consumers, but on the other they concede that it includes some four- and five-star homes that have been cited for negligence that resulted in deaths or injuries of patients.

According to the Commonwealth report, Edward F. Mortimer, technical director of the Survey and Certification Group for CMS, “says the star ratings should be only the starting point in the search for a nursing home, and he urged consumers to dig deeper into the information provided on the website and to visit homes in person.”

Despite problems with the ratings of individual facilities, one overall trend that has emerged from the rating system is the general superiority of non-profit nursing homes compared with for-profit homes, the report points out.

http://www.elderlawanswers.com/resources/article.asp?id=8259&Section=4&state=

Nursing Home Abuse

Monday, April 5th, 2010

By: Patricia Woloch

 

If your elderly loved one needs special care and attention, you may consider a nursing home. Unfortunately, it’s a shocking reality that nursing home abuse and neglect has become commonplace.

Assessing Nursing Home Safety

A thorough investigation of the facility you are considering is crucial. Asking the right questions and closely observing the facility you are considering can go a long way in preventing nursing home abuse. Ask these questions as you tour the facility:

· Are the nursing home and its current administrator licensed?

· Does the nursing home conduct background checks on all staff?

· How thorough are the background checks?

· Does the nursing home provide special services units for residents with special needs?

· Does the nursing home require abuse prevention training for its employees?

How Common is Nursing Home Abuse?

For the most part, nursing homes and other facilities that care for our elderly do an excellent job in meeting standards of compassionate care in a safe, efficient and sanitary environment. Rather than punishing the entire industry with additional laws that will increase costs, tougher standards imposed on those facilities that blatantly violate the law are needed. However, the facts remain that nursing home abuse continues to rise, with incidents in the thousands.

Congress found that that over 30 % of U.S. nursing homes were cited for abuse violations between January 1999 and January 2001. Over 2,500 of those violations were severe enough to cause serious injury or death. Since the time of that study, the nursing home industry has attempted to reform its policies and procedures to accommodate more thorough background checks of its employees, but is continually hampered by low budgets and high operating costs.

Signs of Nursing Home Abuse

Nursing home abuse and neglect can come in many forms, including:

· Bedsores

· Malnutrition

· Failure to thrive

· Physical abuse

· Mental abuse

· Sexual abuse

· Loss of personal hygiene

· Unusual depression

· Unexplained bruises, cuts or broken bones

Taking Every Report Seriously

Sometimes, because of the frail mental condition of the elderly individual, staff and family members disregard their reports of abuse. Investigators believe most cases are never reported. It is our job to protect the victims of abuse and bring the abusers to justice. If your loved one reports nursing home abuse, take the time to listen and investigate.

About the Author

Consult with a qualified nursing home abuse attorney, like Craig Goldenfarb in West Palm Beach, Florida, to understand your rights and your loved one’s rights and to pursue your case according to the law.

(ArticlesBase SC #564515)

Article Source: http://www.articlesbase.com/Nursing Home Abuse

Caregivers and Seniors Get Tax Deductions

Thursday, February 11th, 2010

With tax season upon us I wanted to remind families that people who care for qualifying relatives can claim tax deductions and credits for out-of-pocket medical expenses. For you to qualify for caregiver tax deductions and credits, the person you are caring for must be a spouse, dependent, or qualifying relative, as well as a U.S. citizen or resident of the United States, Canada, or Mexico. A qualifying relative includes a parent, stepparent, father-in-law or mother-in-law, or any other person who lived with you all year as a member of your household.

Medical deductions can include dental treatments, the cost of transportation needed to get to a medical appointment, health insurance premiums and qualified long-term care services. For a full list of allowable medical expenses, see Publication 502 (2009) at the IRS web site . Some key rules to remember are -

  • You can only deduct medical expenses if they exceed 7.5% of your adjusted gross income.
  • To qualify for a dependency deduction, you must pay for more than 50% of your qualifying relative’s support costs. The relative only qualifies as a dependent if he or she meets the gross income and the joint return test. Dependency Deduction   If your relative doesn’t qualify as a dependent because of these tests, you cannot claim a dependency deduction, but you can still claim his or her medical expenses.
  • If a group of people are sharing costs for a qualifying relative, a multiple support declaration (IRS Form 2120) can be filed to grant one family member the exemption.
  • Long-term care medical expenses including diagnostic, preventive, therapeutic, curing, treating, mitigating, rehabilitative, and maintenance and personal care services are deductible if the services are required by a chronically ill individual and a licensed health care practitioner prescribes the care. An individual is chronically ill if unable to perform at least two of six activities of daily living, which are eating, toileting, transferring, bathing, dressing, and continence. An individual who is cognitively impaired and requires substantial supervision is also considered chronically ill.
  • Nursing services performed in a nursing home, an assisted-living facility, or similar care facilities are also deductible expenses if the person is principally receiving care for medical reasons. However, if a person is staying at a nursing home, an assisted-living facility, or similar care facility only for custodial reasons, only medical expenses are deductible; in this instance, room charges and meals are not deductible. Nursing services performed at home are deductible expenses. If the patient is chronically ill, certain maintenance and personal care services are also deductible.

Senior citizens and caregivers should be aware that premiums paid for qualified long-term care insurance contracts are also deductible medical expenses. According to the IRS, the contract must be guaranteed renewable; not provide a cash surrender value; not pay costs that are covered by Medicare; provide that refunds, other than refunds upon death, surrender, or cancellation of the contract, and dividends are used only to reduce future premiums or increase medical benefits.  For 2009, long-term care premiums are deductible up to the following dollar amounts: for individuals age 61 to 70 the limit is $3,180, for individuals 71 and older the limit is $3,980.

Many state governments also offer tax credits and deductions for caregivers on state income tax forms, so it pays to know your individual state’s rules.

By nature, tax rules are complex. It’s important to consult a tax attorney or accountant versed in eldercare tax issues about your specific situation before finalizing your taxes. The AARP also offers free assistance and tax tips for seniors through its Tax-Aide program; go to http://www.aarp.org/money/taxaide/.

The Cold Hard Truth

Friday, August 14th, 2009

Recently I was helping a lovely family that never expected to encounter what they did.