Jarvis Law Office

Three Things You Need to Know About the Medicaid Lookback Period

Medicaid coverage is one of the best federal benefit programs available for seniors in need of skilled care in the home or in a skilled nursing care center. However, Medicaid eligibility has strict income and asset requirements. While many seniors may meet those requirements at the time they need the care, Medicaid imposes a five-year lookback period that examines the senior’s financial situation during the previous five years. If certain transfers or purchases were made during that time period, the senior may be subjected to a penalty period before they can receive Medicaid benefits. The following are three things you need to know about the Medicaid lookback period.

Asset Transfers Can Cause Problems

Asset limits are a part of Medicaid eligibility to ensure that people who cannot afford to pay for their care can receive those benefits. A common misconception about Medicaid eligibility planning is that assets can be transferred out of the senior’s name to meet the asset limit. This strategy will actually cause more problems for the senior if they are made within five years of the Medicaid application. The benefits agency examines every financial transaction made during that period to determine eligibility. This review could lead to disqualification.

Penalty Periods May Be Assessed

If the benefits agency finds that non-qualified transfers were made within the five years before the Medicaid application, a penalty period could be assessed against the applicant. The penalty period depends on the amount of transfer and the average monthly cost of care.

There Are Exceptions in Certain Cases

There are certain exceptions to the rules regarding penalty periods and financial transfers. Certain assets may be exempt, and transfers made to family members who have provided health care services within the home over the last five years are a common exception. In addition, strategies to spend down money on home and health care costs are not counted toward Medicaid eligibility.

If you would like to learn more about how Medicaid eligibility is impacted by the five-year look back period, or if you’re currently planning to qualify a loved one for Medicaid eligibility and would like some advice, please contact our office at 877-653-3450 to schedule a complimentary initial consultation.

New Law to Expand Chronic Care Benefits through Medicare

Congress recently passed a law that will expand benefits to individuals enrolled in Medicare Advantage plans who have chronic illnesses. The Creating High-Quality Results and Outcomes Necessary to Improve Chronic (CHRONIC) Care Act will cover certain supplies and services not previously covered such as telehealth services, at-home visits from personal assistants, safety measures for the home, home meal delivery, and transportation to and from medical visits.

Most of the new benefits will be reserved for Medicare Advantage plans which will offer benefits tailored to people who suffer from chronic conditions like Alzheimer’s, Parkinson’s disease, heart failure, diabetes, and rheumatoid arthritis.

Chronic Care benefits will include:

• Providing access to health professionals through electronic means such as a computer or tablet (Telehealth services)
• Giving Medicare Advantage plans more flexibility so they can now cover non-medical benefits like bathroom grab bars and wheelchair ramps
• Providing kidney disease patients more access to home dialysis
• Coordinating services for people in Special Needs Plans (Medicare Advantage plans for people with certain diseases or characteristics) who also receive Medicaid

Taxpayers, as well as patients, could benefit greatly from the new law. A typical hip replacement case costs Medicare about $20,000. How many hip replacement surgeries could be avoided with the installation of a $30 grab bar? This could be a win-win situation for us all!

Although the law was recently passed, benefits won’t begin until the year 2020. If your loved one is starting to struggle with daily activities, you might need to act sooner. Consider planning for the potential of your loved one needing assisted living or nursing home care. You can do that by calling Jarvis Law Office 877-653-3450 to schedule a complimentary initial consultation. We can help you find the best possible solution to ensure that your loved one gets the care he or she needs while maintaining the highest quality of life.

How to Help Manage a Senior Family Member's Finances

Senior citizens can be very vulnerable to financial problems, often because the ability to care for such complex concerns tends to decline with age. This may cause serious problems, such as having utilities shut off, late housing payments, or falling behind on other bills and necessities.

Once headed down this path, problems tend to compound, making it difficult to dig back out of this financial hole Family members may want to help their senior loved ones manage their finances, but it’s usually not as easy as just jumping in to lend a hand. Certain documents or legal proceedings may be necessary to ensure finances are handled correctly and by the right people.

Many families use a financial power of attorney (POA) document to help their senior family members. Common types include a durable POA, which is in effect as soon as the senior signs it or a springing POA, which only comes into effect when a doctor determines that the senior is incapacitated. The POA names an agent to care for the financial concerns and that person has a legal, fiduciary duty to make sound financial decisions for their loved one.

A revocable living trust can also help to handle financial affairs. At the time the trust is created, the Grantor names a Trustee to be in charge of all trust property and a Successor Trustee to serve if the original Trustee is ever unable to carry out their duties. The Grantor usually serves as the initial Trustee, but when they can no longer handle their own affairs they’ll turn control over to the Successor Trustee. The Successor Trustee also has a legal and fiduciary duty to only act in the best interest of the Grantor.

Finally, a conservatorship is a legal proceeding that grants control of an incapacitated person’s financial and health care concerns to a court-appointed conservator. This is often a last case scenario if the senior did not create a POA or revocable living trust. A family member is usually named as conservator, but there are times when an independent party is named by the court instead.

If you have additional questions about managing an elderly family member’s finances, or if you’d like to discuss strategies to make sure your loved one is always in sound financial hands, please contact Jarvis Law Office at 877-653-3450 to schedule an initial complimentary consultation.

Tips for Choosing the Right Alzheimer's Care Center

Alzheimer’s is a terrible disease that impacts every family member, from the senior who suffers from its effects to the adult child that must coordinate care. The disease often leaves family members and caregivers feeling like they have no options. While many families want to keep their loved one at home to provide a sense of comfort and continuity, there is almost always a point at which staying in the home is no longer an option.

Choosing a care center that specializes in Alzheimer’s care is the best way for the loved one to receive the care they need while giving caregivers peace of mind, but it’s not always an easy task.  Alzheimer’s requires a specialized type of care that is not found at every care center, resulting in other important considerations such as cost and the proximity of the care center. Experienced elder law attorneys at Jarvis can help you through these concerns and guide you through the process of finding the right Alzheimer’s care center for your loved one.

When looking for an Alzheimer’s care center, you should consider any special needs your parent has and whether the facilities you’re looking at can address those needs. A common consideration is the type of space available, which is often a concern if the senior is still physically active. A Your loved one needs the ability to move around without feeling confined, while also being kept safe and secure.

Another consideration is the make-up of the other residents in the care center.  There are pros and cons to placing your loved one in an all-Alzheimer’s care center or a care center that caters to a mixed population. You’ll also need to consider the capabilities of the care center staff that will work with and care for your loved one. Can they care for the special needs of an Alzheimer patient while also tending to a mixed population?

There are many other considerations when choosing an Alzheimer’s care center. Jarvis Law Office can review your unique situation and offer solutions. Call us at 877-653-3450 to schedule an initial complimentary consultation.