Monday, June 27, 2011

Budget committee affirms rejection of federal grant money to keep people out of nursing homes

AS REPORTED AT: Tambabay.com

The state's Agency for Health Care Administration on Friday asked the legislative budget commission for permission to spend the first installment of a $35.7 million federal "Money Follows the Person" grant tied to the federal health care legislation. The response? No.

It was generally, a party-line vote, but Republican senators J.D. Alexander and Joe Negron broke ranks and supported the request. Alexander hesitated before his vote, saying he hoped his colleagues would "vote their conscience." The votes from Negron and Alexander meant the Senate favored the request, but House members gave it a thumbs-down, so the measure failed.

The Money Follows the Person grant was created in 2005 under President George W. Bush to keep elderly and disabled people out of nursing homes by providing home health aides and other services. The grants save states money because Medicaid usually pays if clients stay in nursing homes.

But the program is now part of the federal Patient Protection and Affordable Care Act, and authorizing the spending would "go against" a "policy" promulgated by House Speaker Dean Cannon to not implement any part of the legislation federal health care law, said Cannon spokeswoman Katie Betta.

The ObamaCare issue never came up in the commission conversation. Instead, Rep. Rob Schenck and Rep. Denise Grimsley said state efforts to get people out of nursing homes are sufficient and the federal money is simply duplicative.

"I realize they're federal dollars, but they're taxpayer dollars," Grimsley said.

http://www.tampabay.com/blogs/the-buzz-florida-politics/content/budget-committee-affirms-rejection-federal-grant-money-keep-people-out-nursing-homes

Wednesday, June 22, 2011

Survey: Most Baby Boomers lack a plan to care for parents - USATODAY.com

Survey: Most Baby Boomers lack a plan to care for parents - USATODAY.com

The survey of 600 adults ages 45 to 65, conducted for the Home Instead Senior Care network, also found:

•31% don't know how many medications their parents take.

•34% don't know whether their parents have a safe deposit box or where the key is.

•36% don't know where their parents' financial information is located.

Read more at the link above! An Elder Law attorney can help put people in touch with the help needed.

Wednesday, June 15, 2011

In Panhandle, Welfare Change May Be More Compli - Flash Player Installation

In Panhandle, Welfare Change May Be More Compli - Flash Player Installation

Pensacola resident Julia Pearsall says she knows glitches will happen as Florida transforms Medicaid into a mandatory managed-care program.

But Pearsall particularly worries about glitches in the Pensacola area --- where, unlike most of the state, HMOs aren’t already serving Medicaid beneficiaries.

“What happens in the short run can be a matter of life and death to the recipients,’’ said Pearsall, who has long worked on social-service issues.

Pearsall and an estimated 125 other people turned out Monday for a public hearing to discuss the massive Medicaid overhaul that lawmakers passed last month. It was the first hearing outside Tallahassee, as the Agency for Health Care Administration barnstorms across the state to take public comments about the overhaul.

Many of the Pensacola concerns echoed those in a Tallahassee hearing Friday. The loudest came from ....

Patients in Florida's last Medicaid experiment issue a warning about the next one | The Florida Current

Patients in Florida's last Medicaid experiment issue a warning about the next one The Florida Current


If the federal government decides to give a green light to Florida's proposed massive overhaul of Medicaid, it might hinge on what happened in Jacksonville and a handful of other places in the state over the last few years.
That was one of the messages that emerged from a three-hour hearing on the future of Medicaid held in Jacksonville on Tuesday. The hearings come in the wake of state lawmakers approving changes in the $22 billion state-federal safety net program.
Duval County has already been involved in Florida's current managed care experiment, often referred to as Medicaid Reform, that was put in place in five counties while former Gov. Jeb Bush was still in office.
And those who showed up at the hearing said they have

Monday, June 6, 2011

Durable Power of Attorney--aren't they all the same

One of the most common documents that comes into my office is a power of attorney. I have literally seen thousands of them. To most people they would all look the same aside from a few being longer or shorter than others. So are they all the same??

No, not at all. Companies selling canned documents online or at book stores would have you believe that these documents are simple. However, these documents provide specific language for specific purposes. For example a limited power of attorney for a real estate closing would not help a person open a bank account for a sick parent. Further documents drafted that work well in one state may not work as well in other states.

To illustrate consider the potential client I had a meeting with this morning. They had a power of attorney from 2006. They need to establish a qualified income trust for their mother. When I reviewed this standard power of attorney I noticed it had no mention of estate planning further it did not provide the agent (person who received the power) the power to draft a irrevocable trust. Under Florida law if a power of attorney does not provide for that power the agent can not exercise it. The family will now have to prove incapacity in court and get a judge to establish the trust. Total cost could exceed $5,000. For a fraction of that cost they could have had a power of attorney.

This illustration is not the only problem attorneys see, some work after one loses capacity, some only work once a person is found to be incapacitated, certain title companies require the property being sold to be listed, some states require three witnesses, some states allow family members to witness, etc. Therefore one should be extremely careful in purchasing a canned power of attorney as they are not all the same.