The Elder Dish

Recent cases shine spotlight on financial abuse of elderly

2012-02-23T07:15:00.000-08:00

Recent cases shine spotlight on financial abuse of elderly

Possible $10,000 tax credit for families with special-needs adoptions

2012-02-23T06:59:00.000-08:00

As reported at:
http://baledger.com/news/your_news/possible-tax-credit-for-families-with-special-needs-adoptions/article_ec787e58-529d-11e1-bdab-0019bb2963f4.html

Posted: Wednesday, February 8, 2012 3:40 pm

From Staff Reports
news@baledger.com

Families who have adopted a U.S. child with special-needs from approved foster care systems may be eligible for a federal tax credit of more than $10,000, according to the National Society of Accountants.
Special needs children are those who receive adoption assistance/subsidy benefits, whether or not the family received a deferred subsidy.

“This tax credit is a well-deserved reward for families who adopt special-needs children, yet many families are not aware of it,” said John Ams, executive vice president for the society. “We are pleased to support North American Council on Adoptive Children in their effort to publicize it, and NSA member accountants are aware of this important provision.”
The accountant society is promoting this tax credit in accordance with Adoption Tax Credit Awareness Day, Feb. 13.

For more information about the tax credit, visit NACA.org.

Help with open enrollment. Time is running out.

2011-12-02T11:36:00.000-08:00

Open Enrollment for Medicare ends December 7^th. Do you need help with Medicare? Here are some places to find help:

AARP

http://www.aarp.org/health/medicare-insurance/info-10-2011/medicare-open-enrollment-2012.1.html

What You Need to Know About Medicare Plans in 2012.

Great article on changes for this year and how to pick the best plan

Medicare.gov

http://www.medicare.gov/default.aspx

Medicare has a program to help you locate the best plan based on your personal situation (age, location, co-pays, medications prescribed, etc.)

Florida Department of Elder Affairs

SHINE (Serving Health Insurance Needs of Elders)

1-800-963-5337 or 1-850-414-2060

“The state health insurance assistance program for elder Floridians. SHINE provides educational materials and free unbiased insurance counseling to Florida elders, caregivers and family members. Our goal is to help elders understand and receive the health insurance coverage they need through Medicare, Medicaid, Prescription Assistance, Long-Term Care Planning & Insurance, and other health care issues.” As stated on their web site. http://floridashine.org/

We have had several clients comment that they have found SHINE to be helpful.

CMS

1-404-562-7500

CMS stands for Centers for Medicare and Medicaid Services. They administer the Medicare program. They were formerly known as Health Care Financing Administration (HCFA).

Florida Department of Insurance

Insurance Consumer help line

1-800-342-2762

On the Gulf Coast of Florida

Humana

Scott Wyda

2032 Creighton Road Suite C

Pensacola, FL 32504

Cell #850-232-9111

swyda@humana.com

Alzheimer's Family Services "Miles of Memories" 5K Run/Walk and 1-Mile Walk

2011-11-08T08:15:00.001-08:00

We invite you to join us for Alzheimer’s Family Services “Miles of Memories” 5K Run/Walk and 1-Mile Walk on Saturday, November 12 at Seville Square in Downtown Pensacola. This is the fifth year of the event and it has grown so much that we have added a 5K. We are excited about the addition and look forward to reaching runners and walkers to further the mission of Alzheimer’s Family Services. The race starts at 8 a.m. and the post-race celebration is going to be a great one with food, drinks, vendors, awards and music.

Four ways to fix long-term care

2011-10-21T07:56:00.000-07:00

This week the Washington Post put out a well thought out article on possible solutions to fixing the time bomb that is going on with long-term care. The link to the Washington Post article is:
http://www.washingtonpost.com/blogs/ezra-klein/post/four-ways-to-fix-long-term-care/2011/10/19/gIQAnSK2xL_blog.html

Across the political spectrum, there’s pretty widespread recognition that, as written, health reform’s CLASS Act would have failed. The long-term care insurance program wouldn’t be able to cover the expected health care costs of those most likely to enroll: people who needed to use a lot of health care.
But what we have now doesn’t work very well, either. Only about 7 million Americans currently buy insurance policies for long-term care, even though many more will need these kind of services, like nursing homes and rehabilitative care, at some point in their lives.
There are a lot of reasons for the low take-up, which range from the high cost of premiums to lack of information to confusion about what services Medicare will cover. What that means, is a lot of Americans end up... read more go to link.

Elder Dish: My Grandmother Rocks!! So I am going to brag

2011-10-04T11:50:00.000-07:00

OK so I don't normally use this space to post personal references; however, I just can not help but share this article that was written about my grandmother who recently turned 96. She is such an awesome lady and has been a huge part of making me who I am.

Go GG!!!!

Having been born some 40 years before TV was common, she just may not have gotten use to it. She did listen to a radio when she was in high school.

"Sometimes a crowd of us would walk -- that's walk, now -- over to a neighbor's house and listen to the radio. That was in the early 30's," Waddell said.

Waddell remembers the

http://www.albanyherald.com/news/2011/oct/01/woman-96-still-quilting/?popup=true

Smartphone check-cashing scam

2011-10-04T11:45:00.000-07:00

The Florida Bar recently reported[1] that attorneys (and general public) should be aware of a new scam involving smartphones and checks given to clients.

If you are not aware most banks now allow people to deposit checks via a scanned copy of the check. In fact there is currently a humorous commercial out by Chase Bank[2] showing how a check can be deposited with a smartphone.

The scam appears to work when a client is given a check (the example given was with a title company after a closing). The attorney leaves the room or turns there back for a period of time (often simply a minute) when they return the client returns the check and says they would prefer the money to be wired to their account. The attorney doesn’t realize that the check returned has already been cashed. Don’t believe it could happen? It has according to the Florida Bar a title agent recently reported an incident to The Florida Land Title Association.

Therefore one should use caution if a check has been handed over and then within a short period of time it is returned with a request that the funds be paid in another way. The Bar suggests that you not exchange forms of payment once the check has been delivered. If that isn’t possible you should contact your bank and issue a stop payment on that check (in writing) and explain to the client that the funds can not be wired until such time as your bank gives you an assurance (in writing) that you can safely proceed.

[1]Http://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/cb53c80c8fabd49d85256b5900678f6c/ef0d0c787065efa78525790900432b7a%21OpenDocument&Highlight=0,smartphone*

[2]http://www.bing.com/videos/search?q=Chase+commercial+deposit+check+with+phone&view=detail&mid=0FA02B5BBF8513CE38080FA02B5BBF8513CE3808&first=0&FORM=LKVR1

amednews: Medicare finalizes requirements for special needs plans :: Sept. 12, 2011 ... American Medical News

2011-09-15T12:36:00.000-07:00

amednews: Medicare finalizes requirements for special needs plans :: Sept. 12, 2011 ... American Medical News

Washington -- Specialized private Medicare plans for certain poor, sick patients will be subject to new quality improvement requirements over the next several years, the Centers for Medicare & Medicaid Services announced in a final rule released Aug. 26.

CMS adopted standards for improving the quality of care offered by Medicare special needs plans, which provide Medicare Advantage coverage to patients who are institutionalized, have severe chronic conditions, or are eligible for both Medicare and Medicaid programs.

"Under these rules, SNPs must develop a model of care that ensures your health care needs are assessed, a plan of care is developed specifically for you, and a team of health care providers manages your care," said CMS Deputy Administrator Jonathan Blum in a statement on the rule's release. "SNPs must also have a quality improvement program that measures whether the care being provided is actually making you healthier."

Federal statute has required the plans to measure health outcomes and to follow other quality-of-care initiatives. Under the health system reform law, CMS also will require all SNPs to be approved by the National Committee on Quality Assurance starting in 2012. CMS also will expand this effort by conducting assessments on a sample of the plans. This would help identify strengths and weaknesses in models of care developed by SNPs, the Medicare agency said.

Medicare special needs plans for dual eligibles must enter into contracts with state Medicaid agencies by 2013. The plans themselves will face some challenges meeting new requirements, said Valerie Wilbur, the co-chair of the SNP Alliance and vice president of the National Health Policy Group in Washington. The alliance agrees with a number of changes in the rule, but the plans have the same pay structure as Medicare Advantage plans despite SNPs having additional requirements. Future cuts to Medicare Advantage plans and the possibility of additional federal budget cuts to reduce deficits will make achieving new mandates difficult, she said.

"The fact that there is no additional payment to compensate for additional costs is a big challenge," she said.

CMS will require SNPs for dual eligibles to enter into contracts with state Medicaid agencies by 2013, the final rule states. The Medicare Rights Center, an advocacy group based in New York, supported the requirement because it allows states to ensure that health plans meet quality-of-care standards, said Doug Goggin-Callahan, the center's New York state policy director. For instance, a state would ensure that an SNP met minimum plan requirements, such as cost-sharing protection for enrollees.

The Medicare Rights Center alsofavored changes in the rule to the Medicare prescription drug program. CMS will eliminate Part D late enrollment penalties applied to low-income patients. Those who delay enrollment in a Medicare drug plan when they're first eligible typically pay higher premiums once they do enroll. The Medicare agency no longer will charge late fees to those eligible for additional government subsidies, according to the rule.

CMS also strengthened regulations for insurance agents and brokers selling Medicare Advantage and Part D plans. The Medicare agency has taken steps to limit churning, or patients switching coverage plans frequently, in the Medicare Advantage market. Agents and brokers won't be rewarded for selling a plan that a patient leaves within the first 90 days, the rule states.

Plan sponsors are required to limit gifts during marketing events for potential enrollees to items of nominal value. The rule uses an example of giving piggy banks as nominal gifts.

The rule also requires brokers to limit the number of insurance products to be discussed with consumers during marketing events. In advance of an event, a plan sponsor must document with the patient the scope of a meeting. However, the rule provides some flexibility by allowing a broker to discuss other products when a beneficiary raises a question or requests more information about different plans, Goggin-Callahan said.

How Will the Debt-Limit Deal Affect Seniors?

2011-08-11T08:35:00.000-07:00

As published on Elderlaw Answers
http://www.elderlawanswers.com/resources/article.asp?id=9330§ion=4

Congress has agreed to allow the President to raise the debt ceiling in exchange for $2.4 trillion in budget cuts over 10 years. How this deal will affect the three major programs crucial to the elderly -- Medicare, Medicaid and Social Security -- may not be known until almost year's end, but the impact could be significant.

The agreement calls for two stages of spending reductions. In the first stage, which will pare $917 billion from the budget, "entitlement" programs like Medicare, Social Security and Medicaid are spared. Instead, the cuts are evenly divided between defense and non-defense "discretionary" programs. Some aging and poverty programs that the elderly rely on, such as heating assistance, could be hit with budget reductions, but so will defense programs.

In the second stage, a 12-member Congressional committee - six members from each party -- must agree on an additional $1.5 trillion in cuts by Thanksgiving, and Congress must vote on their proposal (with no modifications) by December 23. Here, Medicare, Medicaid, and Social Security will all be back on the table. In the case of Medicare, the powerful panel will be looking at changes like raising the eligibility age, increasing premiums for wealthy recipients, hiking deductibles and co-pays, and slashing payments to providers and drug companies.

To cut Medicaid, this joint committee will consider giving states more flexibility to reduce eligibility and benefits, meaning that it might become even tougher for elderly nursing home residents to qualify for Medicaid. The committee will also be looking at cutting payments to nursing homes, which just got hit with a more than 11 percent reduction. Nursing home residents could feel the impact in the form of reduced services and compromised care.

For Social Security, one thing the panel will undoubtedly consider changing is how the program's cost of living increase is calculated, which will result in lower benefits. Pushing back the eligibility age for future retirees could also be on the table.

Although President Obama will be pressing the joint committee to not just cut programs but to increase revenues by raising taxes on the wealthy and corporations, it is anybody's guess whether the panel's Republican members will agree to this.

"The future of the programs really hangs in the balance," said Joe Baker, president of the Medicare Rights Center, an advocacy group. "It could lead to deep cuts and irreversible changes to Medicare and Medicaid that shift costs to beneficiaries."

If the 12-member panel can't agree on a plan to pare at least $1.2 trillion from the budget -- or Congress votes down its proposal or President Obama vetoes it -- automatic spending cuts totaling that amount would kick in beginning in 2013. Medicaid, Social Security and veterans programs are among the programs that will be exempt from these mandatory cuts, but Medicare is not exempt. There would be a 2 percent cut to Medicare, although the savings would have to come from payments to providers like doctors and hospitals, not from beneficiaries. Such a reduction to providers would be on top of a 6 percent drop in provider payments already enacted to help finance health care reform. Doctors and hospitals would feel the impact initially, but Medicare beneficiaries would experience it soon enough as more providers refuse to treat Medicare patients, reduce services or go out of business.

There is, however, a strong incentive for the joint committee to avoid these automatic cuts and instead agree on a plan that Congress can pass and the President can sign: Along with the 2 percent automatic Medicare cut would be an automatic 8 percent reduction in defense spending, or nearly $500 billion. The thinking is that both Democrats and Republicans would view defense cuts of this magnitude as too damaging to their parties to contemplate.

Further reading:

"Five cuts the debt commission might make to Medicare, Medicaid" (Washington Post blog)

"FAQ: Debt Deal 'Super' Committee's Impact On Health Spending Explained" (Kaiser Family Foundation Health News)

"Tea Party groups see Medicare overhaul chance" (Reuters)

"Social Security, Medicare dodge bullet, but cuts loom" (Reuters blog)

"Debt Deal Triggers Nerves In Health Industry; Providers Brace For Cuts" (Kaiser Family Foundation Health News)

"What Does the Debt Ceiling Agreement Mean for Medicare?" (Center for Medicare Advocacy, Inc.)

Savings of Elderly Stolen, Assets Depleted; Financial Abuse On Upswing - ABC News

2011-07-27T10:09:00.000-07:00

Savings of Elderly Stolen, Assets Depleted; Financial Abuse On Upswing - ABC News

This is all too common; however, it does not have to happen to your family. Having a solid estate plan and a long term care plan in place can avoid many of these scam “artists.” These types of cases nearly always come into our office via a child who says Mom (or Dad) just refused to tell us anything. It is my belief that the parent refused due to a strong desire to maintain control and privacy. There are means to keep both while still putting in layers of protection. Seeing an attorney who can help map out a plan for the rest of your life and distribution following your passing is important.

Examining Committee for Guardianships

2011-07-18T11:25:00.000-07:00

Written by: Jason A. Waddell

Attorney licensed in Florida

I have people inquire as to who makes the determination if someone lacks capacity or has capacity. Often people will bring me a note from the person's doctor, which isn't sufficient. Rather one needs to file a Petition to Determine incapacity & the Court will appoint the following within 5 days:

1. Psychaiatrist or other physician
One of the two.

2. The next two examining committee members can be from the following class:
Psychologist, gerontologist, another psychiatrist, or other physician, a registered nurse, nurse practitioner, licensed social worker, a person with an advanced degree in gerontology from an accredited institution of higher education, or other person who by knowledge skill, experience, training, or education may, in the court's discretion, advise the court in the form of an expert opinion.

These three members will need have taken a required course and go through a yearly review by the Court as it relates to their qualifications to remainin a potential examining committee member.

Each member will meet with the family and file a report with the Court. I will address that in a later post.

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

2011-06-27T07:11:00.000-07:00

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

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

2011-06-22T07:39:00.000-07:00

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.

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

2011-06-15T09:58:00.000-07:00

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

2011-06-15T08:15:00.000-07:00

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

Disability, elder advocates fear impact of Medicaid changes

2011-06-13T07:39:00.000-07:00

Disability, elder advocates fear impact of Medicaid changes: "When Alyssa Holley turned 20 months old, she suddenly forgot everything."

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

2011-06-06T05:42:00.001-07:00

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.

Difference between Elder law and Estate planning - Avvo.com

2011-05-25T11:38:00.000-07:00

Difference between Elder law and Estate planning - Avvo.com

Here are some basic considerations to help you decide whether you need an Elder law attorney or an Estate planning attorney

An Elder Law will likely focus on:
Plan for lifetime,
In-home care,
Living arrangements (Assisted living facilities, skilled nursing, independent living),
Support structure,
Cost of placement,
Family needs,
Public benefits available.

An Estate Planning will focus more on issues such as:
Creating a plan for issues surrounding death,
Avoiding estate tax (i.e. death tax),
Planning around probate and the cost of it,
Explaining how assets may be passed to your heir(s).

How to Interview and Research an Elder Law Attorney - Avvo.com

2011-05-25T11:37:00.000-07:00

How to Interview and Research an Elder Law Attorney - Avvo.com

Elder law is often associated as another form of estate planning when in fact only a small part of elder law involves estate planning. Elder law deals with a person and their estate while they are alive. Estate planning normally arranges property around what will happen at death. For that reason a person who is looking to hire an elder law attorney should know how to weed out attorneys who focus more on estate work. This is a short list of what to look for.

1. Ask the attorney what their primary areas of law are. Here you are looking for something that makes sense; for example Bankruptcy, Elder law and personal injury have little to do with one another. However litigation and elder law might if their focus was on nursing home litigation. Another example of what works together would be elder law and probate. Estate planning, elder law, and probate also would make sense; however, you will want to make sure they haven't just put that label there because they think it sounds good.

2. Ask specific questions about the government program you are looking at. An elder law attorney should be familiar with Medicaid, Medicare, Social Security, SSI, SSDI, VA Aid and Attendance amoung other programs. While no attorney will know everything about these programs you should be able to tell how comfortable they are talking about it. Dealing with public benefits is a core part of an elder law practice and is normally a dead ringer for an attorney calling themself an elder law attorney when in fact they do something else. Still there are execeptions such as litigation attorneys who handle matters once they have gone contested will not be as familiar with public benefits.

3. Ask for three representative cases. Note they can not give you names but they should be able to explain how they have helped other clients in similar circumstances.

4. Ask how often they file a case such as yours. There are several attorneys in my area who file one guardianship a year and promote themselves as doing guardianship work. Such a limited practice in guardianship should be disclosed to the client. Note that doesn't mean they are not qualified but wouldn't you want to know that??

5. Ask (or research) what committees they are on or what organizations they belong to. Elder Law has some core organizations such as NAELA or state bar chapters that most elder law attorneys are apart of. Because this area is so broad it is important for people to stay active in these organizations. The more involved they are the more likely they are to know recent changes in the law or what changes are coming.

6. Watch what the attorney talks about. Is the attorney focused on who gets what or is the attorney talking more about care of the parent or ill person. While it is important for an elder law attorney to review prior wills and advance directives they are only doing so to see a pattern as to who the senior trusted. However, even there that can change over time and the attorney should be focused on the recent history.

7. Ask for references from people in the community. When looking at ALFs or skilled nursing facilities ask them who they recommend in the area for elder law. Ask people at the hospital. Consider calling other attorneys not related to elder law or estate work and asking who they recommend.

Another example that Florida legislature has lost its mind (or sold out).

2011-05-18T05:33:00.000-07:00

http://www.wtsp.com/news/article/192367/250/Farrell-Files-Legalized-Granny-Dumping-On-Deck-in-2012

...

Despite calls from patient advocates to avoid a repeat of the corruption and reported substandard care that plagued the Florida Medicaid HMO Pilot Program, the Florida Legislature voted last week to begin moving all three million Floridian Medicaid plan participants into a private HMO program that is almost identical to Florida's prior pilot program. If the federal government agrees to this plan, Florida will become the first state in the nation to move its entire Medicaid population into HMO's.

But there is ONE major difference in this latest plan. Unlike the Florida Medicaid Pilot Plan, this new plan would begin shifting elderly patients into HMO's first. In Florida's prior pilot program, and similar programs throughout the U.S., younger, healthier patients were the first to be shifted in private managed care. Under this plan, the elderly and disabled would the first moved to HMO's. Florida Speaker of the House Dean Cannon has stated that targeting elderly Floridians for removal from nursing homes first is a good idea because they can benefit from staying at home and remaining independent through the utilization of home health care.

Obviously Speaker Cannon is not a student of Florida Medical History. For if he was... he would be acutely aware of the rampant fraud and abuse that has germinated in the Florida home healthcare Industry over the past decade. Miami-Dade has been cited in numerous publications as the

Medicaid change goes to vote today | TBO.com

2011-05-06T06:07:00.000-07:00

Medicaid change goes to vote today | TBO.com

http://www2.tbo.com/news/politics/2011/may/06/MENEWSO8-medicaid-change-goes-to-vote-today-ar-205228/

This bill will hurt seniors. There is no getting around it. I don't think anyone actually believes Medicaid patients will get 1st class treatment. Look at our prior post for the truth.

However here is a summary of facts.

Fact
This has never worked elsewhere when a state already has a waiver program (BTW Florida has one).

Fact
If facilities pull out like they did in the pilot program seniors may be sent to other counties away from all their family.

Fact
The Florida legislature has been given a proposal that actually will cut the deficit that they ignored.

Mobile - Feds: Fla. can't expand Medicaid pilot statewide :: The Republic

2011-05-02T06:05:00.000-07:00

Feds: Fla. can't expand Medicaid pilot statewide :: The Republic

If this holds it is very good news for Seniors in Florida. This was/is bad legislation. However, people should not consider it over. Governor Scott has stated previously that he is prepared to pull out of the federal system to get this done. That would remove the primary funding source of funding for the aged and disabled. He is buying into a belief that this change will cut costs. There isn't any evidence that this will cut spending. The only other state where there was a reduction did not have a waiver program in place. Florida has a waiver program. Experts agree we will NOT see a reduction in spending.

Being 'Housebound' Linked to Alzheimer's in Elderly

2011-04-27T06:15:00.000-07:00

Being 'Housebound' Linked to Alzheimer's in Elderly

Seniors who are "housebound" seem to have nearly double the risk of developing Alzheimer's disease, a new study suggests.
The research doesn't prove that being confined to the house causes dementia, and other factors could explain the association. Still, the findings raise questions about the possible cost of isolation, said lead investigator Bryan D. James, a postdoctoral fellow at Rush Alzheimer's Disease Center in Chicago.
"People who don't

http://www.medicinenet.com/script/main/art.asp?articlekey=143568

JPMorgan and Veterans

2011-04-27T06:01:00.000-07:00

JPMorgan has settled their law suit with military families for $52 Million. Everyone should remember that while this travesty was occuring they were being bailed out by U.S. taxpayers. Would this mean they are too stupid not to fail now? Seriously they have repaid the TARP money and were praised for the return of the tax payers money; however, are we now seeing how they were able to make such record profits? Regardless here is the link to the story.

http://www.bloomberg.com/news/2011-04-21/jpmorgan-chase-settles-military-mortgage-overcharging-suit-for-56-million.html

What Happens to Current Nursing Home Residents if the House Budget Resolution Becomes Law?

2011-04-22T05:57:00.000-07:00

What Happens to Current Nursing Home Residents if the House Budget Resolution Becomes Law?

Under the proposed budget resolution passed by Republicans in the House of Representatives, nearly a million nursing home residents could immediately lose coverage for nursing home care. Further, all of the standards that govern nursing home care today could disappear.

A study of the costs of nursing home care, released April 21, 2011 by John Hancock Financial, reports, "the national average annual cost of care in the U.S. is

Changes to Veterans Benefits

2011-04-22T05:36:00.000-07:00

Below are several changes that will result from the Veterans Benefits Act of 2010. These go into effect October 1, 2011.

1. Burial allowance will increase from $300 to $700 for veterans who die while properly hospitilized by the VA. Plot allowance will increase from $300 to $700 for those veterans who are eligible. These changes apply to deaths occurring on or after October 1, 2011.

2. There will be a COLA for dependent children under the age of 18 for surviving spouses getting DIC.

3. Eligible survivors of POWs who are continuously rated 100% disabled for one year prior to death will be able to file for DIC benefits, regardless of when the POW died (current law states that the POW vet's death had to have taken place after September 30, 1999).

4. Retired military vets or veterans who have separated from active duty due to a catastrophic disability will begin getting compensation benefits from the date of the award, instead of from the first day of the next month after filing.

Filing Tips for Older Taxpayers: Save money by avoiding common mistakes on your tax return

2011-04-18T05:54:00.000-07:00

Filing Tips for Older Taxpayers: Save money by avoiding common mistakes on your tax return

The economy and volatile nature of the stock market have created financial challenges for many older taxpayers. If you feel like there's been an assault on your retirement nest egg, you're not alone. Here are ways to save money at tax time and avoid common filing mistakes that can cost you.
Take a higher standard deduction
If you don't itemize deductions, the IRS gives you a standard deduction amount that reduces your taxable income. For single and married filers, the deduction amounts are $5,700 and $11,400, respectively. If you're 65 or older, don't forget to claim an additional deduction of $1,100 for joint filers ($1,400 if single). Joint filers in this situation can reduce their taxable income by

Seniors Who Shop Frequently Live Longer

2011-04-14T08:30:00.000-07:00

Seniors Who Shop Frequently Live Longer

Elderly people who shop as frequently as every day are more likely to live longer than less frequent shoppers, with men appearing to benefit more from the activity than women, according to a new study from Taiwan published in the Journal of Epidemiology and Community Health recently.

Dr Yu-Hung Chang from the National Health Research Institutes in Taiwan, and colleagues, studied nearly 1,850 elderly people aged 65 and over who were living independently at home and who took part in the nationally representative 1999-2000 Elderly Nutrition and Health Survey in Taiwan (NAHSIT Elderly).

Participants answered questions about how often they went shopping, with responses ranging from "never" to "every day".

They also completed questionnaires that helped researchers assess their intellectual and physical function, and gave the usual demographic information such as financial status, employment status, age, gender, education, and ethnicity, plus lifestyle, health behaviors, and chronic disease/medical status.

This data was then cross-referenced to national death registers covering 1999 to 2008 to find out which of the participants had died during that period.

The results showed that:

Georgetown University releases study on Medicaid reform

2011-04-06T06:40:00.000-07:00

The Jessie Ball duPont Fund asked researchers at the Health Policy Institute at Georgetown University to examine two key components of Florida's medicaid reform debate: What can be said about the impact of the Medicaid managed care pilot on beneficiaries in the affected counties? What lessons have been learned during the last five years that should inform public policy decisions in Tallahassee?

The result does not speak well for the pending legislation in Tallahassee. First the report does not show where the pilot programs offered any cost saving or increase to the Medicaid program. What it did find: "Children, parents and people with disabilities who rely on Medicaid have experienced enormous disruption as a result of plan turnover in Broward, Duval and surrounding counties." It also appears that people did not stay with the HMO when given the choice.

The likely reduction in spending is around 1/6th of what is being touted by supporters of the bill. The Elder Law Section of the Florida Bar and numerous other organizations have offered other measures that can accomplish a similar reduction without a reduction in services. For example take a look at this open letter provided to our office by West Florida's Council on Aging last week: http://www.fcoa.org/Advocacy%20Brochure%20FINAL%201-7-11.pdf This position paper has the endorsement of numerous organizations who work with seniors around the state.

For the full Georgetown study: http://hpi.georgetown.edu/floridamedicaid/index.html
For an overview: http://hpi.georgetown.edu/floridamedicaid/pdfs/Overview_Findings_FL_2011.pdf

Florida has managed this slice of Medicaid well - St. Petersburg Times

2011-03-30T18:43:00.000-07:00

Florida has managed this slice of Medicaid well - St. Petersburg Times--so the question should be why is the legislature is trying to turn the program upside down.

Proposed Medicaid Reform Based on Misconceptions

2011-03-25T05:48:00.000-07:00

While it is common knowledge that there are budget issues in Florida, much of the Medicaid Reform proposal appears to be based on misconception, misinformation and misunderstanding. This can lead to a bill that slashes critically needed care for our senior citizens as it cuts funds.

Misconception #1

Most people hide assets in order to qualify for Medicaid. Therefore, they are draining taxpayer dollars, helping to make Medicaid a program that is a financial burden on the state.

Fact

The vast majority of the individuals have very few assets outside their home, limited retirement income and personal belongings. When they need nursing home care, they face costs of more than $7,500 per

month, which can quickly drain life savings. In fact, you can’t be eligible for Medicaid unless you have less than $2,000 in countable assets.

Misconception #2

People apply for Medicaid to avoid having to buy long-term health care insurance.

Fact

The fact is that Medicaid recipients cannot obtain long-term care insurance because of their existing illnesses that require long-term care.

Misconception #3

Family members who become primary caregivers for their ill parents do not need to get paid for doing so.

Fact

Many of these family members must quit their jobs or work part time in order to provide care. The state now allows them to get paid but Medicaid reform wants to eliminate that. Studies show that family

caregivers who don’t get paid suffer more health and economic problems than those who do.

Misconception #4

Shifting Medicaid recipients to for-profit HMOs, like the reform proposal wants to do, will not affect care.

Fact

A pilot program in South Florida shows just the opposite. Many people who need care haven’t been able to find it in a timely manner, and have had HMOs refuse to pay for medications and essential services.

Everyone understands that Florida has budget problems that must be addressed. However, Medicaid recipients are the sickest and frailest among us and they need the most support to avoid further catastrophic injury or financial burden. That will not come by shifting their care to for-profit companies that will reduce and even deny necessary care and medications under the guise of controlling costs.

Please urge your legislative representative to vote against any legislation that makes our most vulnerable even more so.

JAIL'S & NURSING HOMES

2011-03-22T16:14:00.000-07:00

In the spirit of looking at how to change the current financing of senior care the following plan was devised. I think it has some merit and would encourage people to give it careful consideration.

Section 1: Transfer all seniors living in facilities to jail.

This would correct two things in one motion:

A. SENIORS IN JAIL:

1. Seniors would have access to showers, hobbies and walks.

2. They would receive unlimited free prescriptions, dental and medical
treatment, wheel chairs, etc.

3. They would receive money instead of having to pay it out.

4. They would have constant video monitoring, so they would be helped
instantly if they fell or needed assistance.

5. Bedding would be washed twice a week and all clothing would be ironed and
returned to them.
6. A guard would check on them every 20 minutes.

7. All meals and snacks would be brought to them

8. They would have family visits in a suite built for that purpose.

9. They would have access to a library, weight/fitness room, spiritual
counseling, a pool and education.

10. Free admission to in-house concerts by nationally recognized
entertainment artists.

11. Simple clothing - I.e. Shoes, slippers, PJ's - and legal aid would be
free, upon request.

12. There would be private, secure rooms provided for all with an outdoor
exercise yard complete with gardens.

13. Each senior would have a P.C., T.V., phone and radio in their room at no
cost.

14. They would receive daily phone calls.

15. There would be a board of directors to hear any complaints and the ACLU
would fight for their rights and protection.

16. The guards would have a code of conduct to be strictly adhered to, with
attorneys available, at no charge to protect the seniors and their families
from abuse or neglect.

Section 2 Take all criminals and place them in skilled nursing facilities

1. They would receive cold food.
2. They would be left undersupervised.
3. They would receive showers once a week.
4. They would live in tiny rooms, for which they would have to pay $5,000
per month.
5. They would have no hope of ever getting out.

"Sounds like justice to me!"

Let me know what you think!

Attack on American Family??

2011-03-21T19:08:00.000-07:00

Families often must leave their jobs to take care of their parents or loved ones. This creates a loss of income to the family’s budget. To illustrate, consider the daughter who quits a job paying $24,000 a year to take care of her mother. Daughter’s family now must make it on $24,000 less. A common long term care plan will take into consideration family members who suffer this type of loss and attempt make up for it.

In Florida, a common process is for the ill family member to compensate their family for helping them. Without the family the only alternative is to hire corporations to take care of the sick individual or potentially place the sick family member in a facility before it is necessary.

However, the Florida legislature is now attacking this type of planning. The theory is that families are obtaining government benefits by “giving” all their money to their family. The result of this legislation would cause families to pick between caring for their parents/spouses or risking their financial future.

This logic is flawed for several reasons. First, gifts to family members are already penalized under both Federal and State law; therefore, if this is a gift there will be a penalty. Second, the contract must be an arm’s length transaction (i.e. tax’s are reported and a fair wage is set). Third, the same money (often at a higher rate) will be paid to another non- family member individual.

Finally, supporters of this legislation will say that families do not spend the money but hold it for the sick individual. Assuming this is correct. SO WHAT! The money has been taxed just as any other earned income is taxed. Using this logic no one should spend any of their money on their ill family.

At a time when we are see the importance of family support in the wake of the horror in Japan. Why the legislature has picked a fight with the American family is unknown. These measures will have no cost savings. They will not reduce the budget. They may help some corporations but not in a significant way as many seniors will simply turn their back on private support, or families will put their financial future at risk to care for their loved ones. I would recommend people in Florida contact their representatives and senators and ask them why families shouldn’t be allowed to help families without risking their financial future.

The Elder Dish

Recent cases shine spotlight on financial abuse of elderly

Possible $10,000 tax credit for families with special-needs adoptions

Help with open enrollment. Time is running out.

Alzheimer's Family Services "Miles of Memories" 5K Run/Walk and 1-Mile Walk

Four ways to fix long-term care

Elder Dish: My Grandmother Rocks!! So I am going to brag

Woman, 96, still quilting

Smartphone check-cashing scam

amednews: Medicare finalizes requirements for special needs plans :: Sept. 12, 2011 ... American Medical News

How Will the Debt-Limit Deal Affect Seniors?

Savings of Elderly Stolen, Assets Depleted; Financial Abuse On Upswing - ABC News

Examining Committee for Guardianships

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

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

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

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

Disability, elder advocates fear impact of Medicaid changes

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

Difference between Elder law and Estate planning - Avvo.com

How to Interview and Research an Elder Law Attorney - Avvo.com

Another example that Florida legislature has lost its mind (or sold out).

Medicaid change goes to vote today | TBO.com

Medicaid change goes to vote today | TBO.com

Mobile - Feds: Fla. can't expand Medicaid pilot statewide :: The Republic

Being 'Housebound' Linked to Alzheimer's in Elderly

Being 'Housebound' Linked to Alzheimer's in Elderly

JPMorgan and Veterans

What Happens to Current Nursing Home Residents if the House Budget Resolution Becomes Law?

Changes to Veterans Benefits

Filing Tips for Older Taxpayers: Save money by avoiding common mistakes on your tax return

Seniors Who Shop Frequently Live Longer

Georgetown University releases study on Medicaid reform

Florida has managed this slice of Medicaid well - St. Petersburg Times

Proposed Medicaid Reform Based on Misconceptions

JAIL'S & NURSING HOMES

Attack on American Family??