Articles Posted in Elder Law

StethoscopeMoneyA federal court ruled that hospitals may retain a patient in their building under “observation status” rather than formally admitting them, and that such “observation status” does not count as a hospital stay for nursing home Medicare qualification purposes.

Medicare (not to be confused with Medicaid or Title 19) provides a limited nursing home benefit. If a nursing home resident spends three nights in a hospital and then is discharged to a nursing home for some type of rehabilitation services, the nursing home resident is entitled to Medicare benefits at the nursing home for up to 100 days. Medicare will pay the entire bill for the first 20 days and, for the next 80 days, Medicare will continue to pay a portion of the bill and the nursing home resident must pay a portion. In 2021, the nursing home resident must pay $185.50/day and Medicare pays the balance (many nursing home residents have a Medicare supplemental insurance policy to cover the $185.50/day). The Medicare benefit can save a nursing home resident tens of thousands of dollars.

So what does “observation status” have to do with all of this?

Under Medicare regulations for hospitals, if a hospital admits a patient and Continue reading

AdobeStock_41168140-300x225By Esther Corcoran

Alzheimer’s is not a normal part of growing older, as many people seem to think. It is a disease that impairs memory and intellectual abilities to the point where their daily life is being affected. When people notice things in their daily life changing, there are 10 early signs to be aware of and to keep into consideration before seeking medical help. 

1. Memory loss that disrupts daily life. Memory loss is one of the most common signs of Alzheimer’s, especially forgetting recently learned information. Other instances include forgetting important dates or events; asking for the same information over and over; increasingly needing to rely on memory aids (e.g., reminder notes or electronic devices) or family members for things they used to handle on their own.

This is the first in a 3-part series about the process and practice of becoming your parent’s healthcare advocate. In this part one, we talk about how to lay the groundwork for a smooth transition. 

As Bette Davis once said, “Getting old is not for sissies.”

It’s also not something that anyone should have to do alone, especially when it comes to navigating the exhaustingly complex and sometimes downright intimidating territory of personal healthcare.

 

Choice Wooden Letterpress ThemeUntil recently, there was a Catch 22 when it came to getting care in the community. If you are 65 years of age or older, the Connecticut Home Care Program for Elders is available. But for younger people with complex care needs, the options in Connecticut have been limited.

The PCA (Personal Care Assistance) Medicaid Waiver is available, for example, but primarily serves individuals with limited needs and certain conditions, and the program has a cap on the number of slots available. Furthermore, other waiver programs are also limited. Continue reading

AdobeStock_86658626-300x190Few crises are more stressful than those related to health and long-term care. It is hard enough to navigate these complex issues during the best of times. In a world full of uncertainty, they become even more stressful and urgent.

As we all wrestle with the day-to-day reality of COVID-19, the already daunting task of figuring out how to sustainably support necessary home care, medical services, nursing home costs, and other critical expenses quickly becomes overwhelming.

And the situation is exponentially worse if you’ve waited until you’re in crisis to address the important questions of how to pay for critical services, protect your assets, and ensure your comfort, security, and quality of life.

Brendan-mug-shot-e1595015692932-281x300By Brendan Daly

As an elder law attorney, I’ve been advocating for my senior clients for twenty years, but I recently discovered that my 78-year-old dad still has a few things to teach me.

It was a lesson I maybe should have seen coming.

1393063860hda4qMore than 8,000 older adults (age 65+) were killed and more than 250,000 were injured in motor vehicle crashes in 2019.

This amounts to more than 20 older adults killed and almost 700 injured in crashes on average every day.

These harrowing statistics were published by The Centers for Disease Control.

Dreading the conversation? Not having it can have deadly consequences.

It’s one of the hardest conversations we have with aging parents who may be in denial about their poor eyesight, slower reflexes or diminished capacity. Continue reading

dollars-1412644-mThe Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) disability programs are the largest of several Federal programs that provide assistance to people with disabilities. While these two programs are different in many ways, both are administered by the Social Security Administration and only individuals who have a disability and meet medical criteria may qualify for benefits under either program.

SSDI pays benefits to you and certain members of your family if you are “insured,” meaning Continue reading

home-sign-300x200“Promise me you won’t ever put me in a nursing home.” Our parents would make us sign in blood if they could.

Fear of losing their independence and way of life is a tremendous concern among Connecticut seniors. And, in today’s COVID-19 environment – knowing how the virus can easily spread throughout a nursing home and to its vulnerable population – staying at home is a preferable option for many.

But if you’re like so many Connecticut residents, you may not know that there is Medicaid coverage for receiving care at home – that Medicaid benefits are not just for nursing home residents. This is great news!

iStock_000016746886Smallby Carmine Perri

You want to apply for Medicaid – a complicated process – but you’ve heard that hiring an attorney specializing in Medicaid planning is expensive.

So why not use one of those new services that say they’ll do the same thing for less?

But do they really do the same thing?

The State of Florida doesn’t think so. Continue reading

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