Some States Move Forward with Nursing Home Profit Caps

When you make the decision to put a loved one in a nursing home, your entire family probably meets about this and discusses it at length. You want to make the right choice for their care needs and also balance that with the availability of funds to pay for their care. This is where it becomes important to work with an experienced and knowledgeable lawyer to determine your next steps with elder law and qualifying for Medicaid benefits in Virginia.

For most people, it will be difficult or impossible to pay for nursing home care without the support of Medicaid. But getting Medicaid is not automatic, either, and requires some careful advanced planning with the help of a lawyer.

November is National Alzheimer’s Disease Awareness Month, which means many family members are thinking about how to best support their loved ones who might need nursing home care. Massachusetts, New York and New Jersey have all established new requirements on how nursing homes are on funds. Massachusetts, for example, now requires that 75% of revenue for a nursing home be spent directly on patient care.

Both Massachusetts and New York also state that gross revenue includes funds received from Medicare, private payments from patients, and Medicaid. Part of the arguments to put these rules in place has been to provide patients in nursing homes with better care overall.

Concerns over building maintenance, neglect and other issues that put patient care at risk could leave residents at risk of serious injuries. For more support on creating an elder law plan aligned with your loved ones’ needs and financial planning, schedule a consultation with an elder lawyer.

 

 

U.S. News Names Best Nursing Homes for 2021-2022

If you’re thinking about placing a loved one in a nursing home in the coming months of year, there’s no doubt you want to do some research first. There’s a difficult emotional aspect of this entire process, but there’s also the peace of mind that can come from knowing that you did all the necessary research to select the right place for your family member. U.S. News has release their top list of nursing homes for 2021-2022.

Nursing homes offer a variety of living options and they are not all created equal when it comes to care, cost, and amenities. Knowing how to make the right choice for your elderly family member often comes down to location, services provided, and costs. It can be a shock to some family members to realize that Medicare will not pay for the vast majority of nursing home services needed and that Medicaid does not automatically kick in.

Since most healthcare issues prompting a stay at a nursing home can develop relatively quickly, it’s important for everyone to consider the possibility of long term care and the plans they have set up to help pay for it.

Without advanced planning, it can be difficult to qualify right away for Medicaid support. That way you know that your loved ones can make an informed decision based on factors beyond cost if you have an immediate need for nursing home care. Your family can visit the facility and get a sense of the healthcare support provided as well as the overall experience you might have while living there when you know that you’ve done your advanced work to qualify for Medicaid in Virginia.

If you need help kickstarting this planning process, schedule a time to meet with a Virginia Beach lawyer to discuss your next steps.

Going to a Nursing Home: What Counts as Income for Virginia Medicaid?

When you’re in the process of applying for Medicaid in Virginia, you need to know what you already own or receive in terms of assets and income. This is because Medicaid, while administered at the state level, is a federal program that is meant for those who have a high level of financial need.

States explain what counts as allowable assets and income on their own, so you should always do some research first by speaking with a dedicated estate planning lawyer in Virginia Beach so that you’re clear on what to expect when applying for Medicaid benefits.

Elderly people with limited assets and a high level of need who also meet the activities of daily living requirements to go into a nursing home might be able to turn to Medicaid benefits to pay those nursing home bills.

When it comes to clarifying what counts as income, the Social Security Administration defines this as income from any source. This means your income can include alimony payments, IRA withdrawals, Social Security payments, and more. Take a good look at all of the different sources that might be categorized as income for the purposes of your Virginia Medicaid application before you submit it; speaking with an elder lawyer is also recommended.

When one spouse in a couple is applying for Medicaid but the other is not, only the income of the applying spouse is taken into consideration. However, there are exceptions to this rule as it relates to someone applying for Aged Blind or Disabled Medicaid benefits in Virginia.

Beneficiaries who are approved for Medicaid will have nearly all of their income contributed towards the nursing home costs, even if Medicaid is covering a significant portion. Beneficiaries keep very little funds of their own when Medicaid is active for nursing home care payments.

More questions? Speak with a VA Beach elder lawyer now.

 

When Does Medicaid Pay for My Virginia Nursing Home?

Does your loved one need to stay in a nursing home due to advanced medical care needs? This might raise a lot of questions from a financial perspective as you and other family members scramble to figure out what to do next.

Not every person in Virginia is automatically qualified for Medicaid so the sudden need for long term care or a stay in a nursing home can present significant financial challenges for you and your loved ones. Virginia’s Medicaid program provides payment for nursing home stays for those without appropriate assets or income and when those same people have been diagnosed for needing assistance with activities of daily living.

Since the cost of long-term care and stays in a nursing home are extensive, Virginia Medicaid is something that must be applied for by an applicant in order to receive payment from the government for these important services. Many people make the mistake of thinking that their private health insurance policy or Medicare will cover these stays. Medicaid is a common source of funding for long term care in Virginia, particularly when other assets have already been used up or sold to pay for long term care expenses.

Nearly 70% of residents inside nursing homes around the country use Medicaid to pay for their care. There’s no doubt that you will have many different questions about qualifying for Medicaid and how this financially impacts your spouse and other family members. Schedule a consultation with a Virginia Beach estate planning lawyer to discuss the specifics of your plan.

 

 

Consumers and Loved Ones Frustrated with Lack of Transparency in Senior Housing

If you have done any research to identify the right place for your loved one to live as you grow older, you’ve probably been frustrated that although you can learn everything about the facility on the website, there is a lack of transparency with regard to pricing.ThinkstockPhotos-670054130
According to the Genworth Cost of Care study, most recently completed in 2016, a private room for a nursing home was above $92,000 in a median annual cost and the median annual cost for assisted living was just over $43,000.
A research director at a company consulting in the 50 plus market states that they have been researching since 2010 and have been unable to find clear pricing information for seniors looking for alternative living options. Advocates argue that clarity is extremely important for people to be able to make informed decisions about what is best for their loved ones so that they know whether or not the facilities fit in their budget and the true cost of care provided to their loved ones.
Consumer Reports argues that price and quality information should be transparent as one of the six protections that consumers need in the elderly housing market. According to the National Center for Assisted Living guiding principles, assisted living communities should be prepared to explain their policies regarding deposits, fees, and other costs associated with moving a loved one into the facility. The facilities responding to these calls for greater transparency believe that it is impossible to quote cost because the situation is different for every resident.
The right professionals can help you navigate the typical challenges faced by someone planning their estate- schedule a meeting today.
 

Nursing Homes Versus In-Home Care

Geriatric facilities in general are moving away from providing long term care beds and are instead increasing the number of rehabilitative beds offered.ThinkstockPhotos-547537462
This is largely due to financial reasons since Medicare will pay up to $600 per day for rehabilitative bed whereas Medicaid will only pay approximately $125 per day for a long-term care bed. This means there is decreasing availability of long term care beds and seniors will find it increasingly challenging to find places in high quality facilities. This is why increasingly home services are becoming an option.
A senior can initiate this process on their own or family members may sit down and discuss the benefits of having an elderly loved one receive aging at home care. In-home healthcare can provide a sense of familiarity and clear structure for a loved who needs additional assistance. Home care options can frequently be much less expensive than placement in a permanent facility, given that according to the U.S. Department of Health and Human Services, home care options cost around $6500 per month.
This allows for an increased mental health status, better feelings of dignity, and decreased healing time when a person is able to stay in their own home. Furthermore, family members may still continue to provide caretaking assistance while also knowing that they have a professional who is on hand to help as necessary. To learn more about the aging in place process, discuss this with your experienced estate planning lawyer.

Power Of Attorney Valuable, But Subject To Abuse

Most people turn to family, friends or even neighbors when they feel a need to grant powers of attorney to someone to act on their behalf.

That can, sadly, be a serious mistake, accord to a report on the website marketwatch.com.
“Statistics on power of attorney abuse are hard to come by, but experts recognize it as a prevalent problem,” according to the article
“Some kinds of power of attorney grant their holders far-reaching authority over the affairs of people who are physically or mentally unable to conduct their own business.”
The article cites a November 2013 report on elder financial exploitation from the Government Accountability Office that “listed power of attorney agents as one category of potential abuser whose actions can be particularly challenging to prevent.”
“Indeed, family members, friends and neighbors are the culprits in 34 percent of elder financial abuse cases, according to a study by MetLife,” the report continues. “Yet much of the education on senior financial exploitation centers on scams perpetrated by strangers.”
“We’ve got them so scared of answering the phone or going online, when the majority of the assets are going out the back door by a trusted niece,” the report quotes Randy Thomas, a former police officer in Columbia, S.C.
The vehicle that often enables this, the retired cop told marketwatch.com, is power of attorney.
“Here’s what that can look like: A friendly neighbor offers to go pick up an elderly couple’s license plates. He has them sign a specific power of attorney for that sole purpose, printed from an automobile-club website. He takes that to the bank and uses it to withdraw money from the couple’s account. That’s an actual scenario that came before Thomas A. Swift, probate judge in Trumbull County, Ohio; the bank returned the money, because the teller should have but failed to notice the limited nature of the power of attorney.)
“Pamela Glasner, a filmmaker who lives in central Connecticut, experienced a more devastating scenario when a man from her parents’ Florida synagogue gained the couple’s confidence a few years ago. Glasner’s father, who had Alzheimer’s disease, had moved into a nursing home, and her mother lived alone and visited him daily. The man, who represented himself to nursing-home staff as the couple’s son, had Glasner’s father sign a power of attorney form that he then used to access their money and transfer their house into his name. The fraudster also had Glasner’s mother rewrite her will, naming him a beneficiary.”
“By the time we found out about it,” Glasner was quoted as saying, “all of our accounts were zeroed out.”
“When used properly, the power of attorney can assure that a trusted person is handling your financial affairs, or making health-care decisions for you, when you’re not mentally or physically capable of doing this yourself. Many lawyers include powers of attorney as part of a standard estate plan. Some recommend separate documents for financial affairs and health-care, while others create one document to address both.”
 

Improvements On The Way For Nursing Home Rating System

The Obama administration recently announced efforts to improve the quality of care in the nation’s nursing homes and strengthen the reporting system by which consumers obtain information about them.
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Through executives actions and the president signing into law the bipartisan Improving Medicare Post Acute Care Transformation Act of 2014, the administration is seeking to strengthen Medicare’s widely-used Five Star Quality Rating System for Nursing Homes, also known as Nursing Home Compare, and streamline quality measures for nursing homes, home health agencies, and other post-acute care providers participating in Medicare.
“The Five Star Quality Rating System offers the most comprehensive overview of nursing home quality in the U.S., in an easy to understand format, based on data from onsite inspections conducted by trained, objective surveyors from state public health departments and (Centers for Medicare and Medicaid Services); quality measures submitted by the nursing homes is used to calculate certain quality measures, such as the prevalence of pressure ulcers, use of restraints, and the extent of injurious falls; and information about the staffing levels in nursing homes,” according to the announcement from the White House Press Office. “While the onsite inspections form the core of the rating system, CMS has been concerned that the quality measures and information about staffing levels rely on self-reported data from nursing homes that have been difficult to verify.”
Among other things, the Improving Medicare Post Acute Care Transformation Act, which takes effect in January, will require that staffing levels being reported by nursing homes can be verified through payroll records, the White House announcement stated.
In addition, the law will revise the scoring methodology for calculating a facility’s rating under the Five Star Quality Rating System.
“The Act will facilitate patients comparing outcomes across different care settings, supporting better choices and better outcomes for patients,” according to the Press Office. In addition, the IMPACT Act funds a key improvement to nursing home oversight, the collection of staffing data. Nursing and other staffing levels are closely correlated with quality in nursing homes and current data collection efforts have produced data of uneven reliability. The IMPACT Act also institutes more routine surveys of hospice providers, ensuring program standards are met for the benefit and safety of patients.”

Three-Step Process Can Help In Quick Long-Term Care Cases

An old saying goes, “Act in haste, repent at leisure.”

Dad at Diamond Ridge Healthcare Center (Novemb...

(Photo credit: cseeman)

Haste, though, can be obligatory when it comes to making decisions about long-term care for an elderly relative.
“Sometimes unexpected circumstances, distance or a lack of resources can escalate a situation to one of immediate need or crisis proportions,” according to a recent article on the website Careconversations.com. “A hospital may catch you off guard with plans of a discharge. Regardless of cause, you’ve got to find a care solution fast. Personal obligations or out-of-town coordination further complicate the situation.
“Fortunately, there are always care options available, even when time isn’t.”
The article offers a three-step process for arriving at a solution, one that should permit haste without regret.
These steps include:
Research
“Ask family and friends to recommend caregivers or centers. Find and compare skilled nursing care centers online with Medicare’s ‘Nursing Care Compare,’ a rating site for Medicare- and Medicaid-certified nursing homes, professionally called skilled nursing care centers. Medicare has developed a five-star quality rating system based on health inspection results, care center staff data, quality measures, and fire safety inspection results. Though there is plentiful information you can find, relying on ratings alone is not sufficient enough to make a decision.”
Consider
“Based on your research, choose about three centers to visit. Call each to schedule a tour. Communicate the immediacy of your situation and ask to speak with an admissions director. The admissions director will tell you more about the center and availability. Only visit centers that you know have available accommodations.”
Select
“After visiting nursing homes, professionally known as skilled nursing care centers, select the center that best meets your care needs.”

Long-Term Care Rate Hikes Troubling

As members of the Baby Boom generation move into retirement and beyond, long-term care insurance policies to help cover the costs of assisted living or nursing homes are becoming more and more of a necessity, rather than a luxury.

Nursing home clown visit

(Photo credit: Kara Newhouse)

Unfortunately, the cost of these policies is rapidly become prohibitive for a large segment of our aging population, according to a recent story in the Richmond Times-Dispatch.
In the story, staff writer John Reid Blackwell notes that such policies date back nearly four decades and that millions of Americans have been paying the premiums for them.
“Yet costs for long-term care insurance have been rising dramatically in recent years, the result of numerous factors including miscalculations by the insurance companies that have sold policies,” according to the story. “Faced with higher-than-expected payouts on long-term care policies and lower-than-expected investment returns on premiums paid, some insurers have exited the market entirely.
“Other major providers such as Henrico County-based Genworth Financial Inc. and Boston-based John Hancock Financial, a division of Canadian insurance company Manulife Financial, have sought approval from state insurance regulators across the country to raise premium rates. The rising rates mean that people who may have been paying for a policy for many years are seeing double-digit percentage increases on premiums that can already run several thousand dollars a year.”
“This phenomenon in recent years of very significant premium rate increases for long-term care insurance is something that is pretty widespread in this country,” Jacqueline K. Cunningham, Virginia’s commissioner of insurance, is quoted as saying. “It is something that we have been keeping our eye on, and it is definitely a source of concern. We have gotten complaints from a lot of people who are concerned about the rate increases they have gotten.”
In Virginia alone, Blackwell noted, regulators have approved 82 rate increases sought by 33 legal entities for long-term care policies between Jan. 1, 2009, through Aug. 14, 2013, according to a study conducted for the State Corporation Commission’s Bureau of Insurance last year by members of the American Academy of Actuaries.
“The average annual premium increase was 36 percent, with a range of increases from 8 percent to 100 percent. As of Dec. 31, 2012, there were 259,159 individuals in Virginia covered by long-term care insurance policies, according to the report.
“A number of these policyholders have received financially challenging rate increases on their policies,” the report said.
“As a result, ‘some policyholders are not able to afford their current LTCI premiums and are having to reduce their policy benefits, if able to do so, or allow their coverage to lapse,’ the report said.”

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