Ladybird deeds, which are commonly used to avoid probate and to avoid claims by the state if the property owner receives Medicaid benefits, are under attack. This is a red flag to all Texans whose biggest asset is their home and who have inadequate insurance...
The White House has announced additional measures to improve the Five Star rating system of Medicare. In last month’s issue of the Texas Elder Law E-letter, we reported about some of the flaws of the current system including certain facilities increasing staff before inspections, etc....
The Journal of Financial Planning recently reported that a standby reverse mortgage (SRM) can be helpful as a risk management tool to help clients meet their retirement goals. The SRM represents an additional source of readily available cash in a bucket strategy to draw upon...
It is common for nursing home admission agreements to indicate that the patient and nursing home are bound by arbitration – which generally results more favorable decisions for the nursing home (as opposed to litigation). Recently, the son of a patient (his mother) seeking entry...
Medicare’s rating system for nursing homes is often misleading. Medicare set up a rating system in 2009 with the hopes that nursing homes would make efforts to increase the star rating (maximum of 5 stars) by improving the quality of care. However, some nursing homes have...
On August 4, 2014, the California Supreme Court ruled that Alzheimer’s patients and their families are not liable to home health care workers for injuries the workers incur on the job. In this case, the home health agency was warned that the patient could be...
Add the UCLA Center for Health Policy Research to the list of groups that have found that pets are important in keeping the elderly not only happy but also in good health. Studies for many years have come to that same conclusion. Previously it had...
Medicare is presently allowing pilot projects across the country to determine if it can reduce costs and improve quality of care pursuant to a provision under the Affordable Care Act. At the present time, Medicare coverage for skilled nursing care is limited to patients who...
The Texas Department of Insurance (which regulates increases in insurance premiums) has permitted Allianz Life Insurance Company of North America (”Allianz”) to raise its long-term care insurance premiums by 75% to existing policyholders according to an article on July 25 written by Dave Lieber (the...
The U.S. Supreme Court ruled on June 12, 2014 that inherited IRAs are not exempt from the claims of creditors under the U.S. Bankruptcy Code. Previously, inherited IRAs were protected from the claims of creditors in many jurisdictions including Texas. After the death of the individual...
