Nursing Home

26 Aug WHITE HOUSE CONFERENCE ANNOUNCES ACTIONS FOR ELDER JUSTICE & ABUSE PREVENTION

Posted at 06:00h in Elder Justice, Long Term Care, Medicaid Planning, Medicare, Nursing Home, Quality of Life

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On July 13, 2015, major efforts for elder justice and prevention of elder abuse were announced at the White House Conference on Aging including: The Centers for Medicare and Medicaid Services will update and improve the quality and safety requirements of the nation’s nursing homes...

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29 Jul LONG-TERM CARE FACILITIES: REQUIRED TO REQUEST COPY OF GUARDIANSHIP ORDERS

Posted at 06:00h in Assisted Living, Estate Planning, Guardianship, Long Term Care, Nursing Home

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As of September 1, 2015, nursing homes and assisted living facilities must make a reasonable effort to request a copy of any court order appointing a guardianship of a resident or resident’s estate from the resident’s nearest relative or the person responsible for the resident’s...

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22 May VETERAN’S AFFAIRS (VA) PROPOSED RULE CHANGES

Posted at 06:00h in Assisted Living, Charitable Giving, Michael Cohen Dallas Elder Lawyer, Nursing Home, Veterans

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TAKES DEAD AIM AT OUR MILITARY VETERANS AND THEIR SURVIVING SPOUSES Do you think anyone in good health should be penalized for giving to a charity or their church? Do you think anyone should be penalized for an action that was legal at the time such...

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31 Mar Medicaid Transfer Penalty Divisor to Be Increased in Year 2015

Posted at 06:00h in Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home

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It is anticipated that the Texas Medicaid transfer penalty divisor will be increased to the rate of $162.41 for those who apply for long-term care Medicaid on or after September 1, 2015. Under the long-term care Medicaid Rules, it is presumed that if an applicant...

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27 Mar Long-Term Care Insurance Continues to Increase

Posted at 06:00h in Long Term Care, Michael Cohen Dallas Elder Lawyer, Nursing Home

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According to the 2015 Long-Term Care Insurance Price Index, long-term care insurance premiums increased approximately 8.6% in year 2014 as a result of higher claim costs and low interest rates. In year 2015, approximately $7.5 billion was paid in claims. The American Association for Long-Term...

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13 Feb VA PROPOSES SWEEPING CHANGES TO PENSION RULES

Posted at 06:00h in Assisted Living, End of Life Care Planning, Estate Planning, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Trusts, Veterans

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The Veteran’s Administration has proposed new rules for eligibility for VA pensions and the Aid and Attendance benefit which are often used by wartime Veterans or their surviving spouses to help pay for the cost of care such as assisted living facilities and nursing homes....

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06 Feb Medicare Changes in 2015

Posted at 06:00h in Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home

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It’s a new year and with it come a few changes to Medicare. The good news is that Medicare Part B premiums remain at $104.90 per month if your income is below $85,000, and if your income is above $85,000 your premiums for doctor visits...

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28 Jan Veterans (or the Surviving Spouse of the Veteran) Get Small Benefit Increase in year 2015 for Care Cost

Posted at 21:54h in Assisted Living, Disability Benefits, Divorce, Michael Cohen Dallas Elder Lawyer, Nursing Home, Trusts, Veterans

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Veterans who served during wartime (not dishonorably discharged), or the surviving spouse of the wartime veteran, will be getting a slight increase (considered a pension) to be used for care at home, assisted living facilities or in a nursing home from the Department of Veterans...

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29 Dec POSSIBLE TRANSFER POLICY CHANGE SENDS SHIVERS TO TEXAS ELDER LAW LEGAL COMMUNITY

Posted at 01:09h in Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Nursing Home

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Since the passage of the Deficit Reduction Act of 2005 signed on February 8, 2006 (“DRA”), many Texas elder law attorneys have used a transfer planning option (often referred to as “reverse half-a-loaf”) to save at least 50% of the countable resources of a Medicaid...

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22 Dec Nursing Home Medicaid Income Cap to Rise in 2015

Posted at 00:54h in Divorce, Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Miller Trust, Nursing Home, Social Security

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As many of you know, Texas is an income cap state in connection with long-term care Medicaid eligibility. Presently, if an applicant for nursing home Medicaid has "countable" income (certain income is exempt or excluded) over $2163 per month, then such applicant is ineligible for...

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01 Dec Government Helps Pay Nursing Home Cost with 2015 Protected Resource Amount Increase

Posted at 00:25h in Medicaid Planning, Nursing Home

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Although not officially released, projections for the 2015 Protected Resource Amount (“PRA”) dollar figures can now be estimated in light of the consumer price index update recently made. These figures are used to determine how much can be protected when one spouse is in...

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11 Nov ELDERLY COUPLE MAY BE ON THE HOOK FOR ADULT SON’S MEDICAL BILLS

Posted at 06:27h in Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home

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An Elderly Pennsylvania husband and wife are being asked to pay their deceased adult son’s medical bills under a law making family members responsible for a loved one’s unpaid bills. The case is a reminder that such “filial responsibility” laws may go both ways –...

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28 Oct UPDATE: MEDICARE FIVE STAR RATING SYSTEM ANNOUNCES IMPROVEMENTS TO BE MADE

Posted at 06:07h in Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home

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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....

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29 Sep NURSING HOME ARBITRATION AGREEMENT HELD ONLY BINDING WHEN THERE IS PROPER AUTHORITY

Posted at 06:53h in Financial Powers of Attorney, Guardianship, Michael Cohen Dallas Elder Lawyer, Nursing Home, Power of Attorney

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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...

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22 Sep MEDICARE NURSING HOME RATING SYSTEM FLAWED

Posted at 06:43h in Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home

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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...

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12 Aug Medicare Testing Payment Options that affect Limited Nursing Home Coverage

Posted at 10:04h in Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home, Short Term Care

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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...

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01 Aug Texas Department of Insurance Permits 75% Increase in Long-Term Care Insurance Premiums

Posted at 15:36h in Assisted Living, Long Term Care, Michael Cohen Dallas Elder Lawyer, Nursing Home

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  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...

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16 Jun National Senior Citizens Law Center Publishes Free Guide On Getting Long-Term Services and Support at Home

Posted at 07:15h in Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home

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In an effort to allow more seniors and persons with disabilities to live independently at home as opposed to a nursing home or other institutional setting, the National Senior Citizens Law Center (NSCLC) has recently published a free advocate’s guide. The Medicaid laws for payment...

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22 Apr GAO STUDY ON MEDICAID ELIGIBILITY DUE TO CONGRESS SOON

Posted at 13:45h in Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home

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The Government Accountability Office (GAO) is in the final stages of researching and writing a report on financial eligibility for long-term care Medicaid. Senators Richard Burr (R-N.C.) and Tom Coburn (R-OK) and Representatives Trey Gowdy (R-S.C.) and Darrell Issa (R-CA) requested the study. The GAO...

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14 Apr SENATE BILL TO CREATE “LOOK-BACK” PERIOD FOR VETERANS BENEFITS FAILS TO PASS

Posted at 22:56h in Assisted Living, Michael Cohen Dallas Elder Lawyer, Nursing Home, Veterans

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Due to partisan politics in an election year, Senate Bill 1982 has failed.  The bill which was designed to make numerous improvements to services for Veterans but would have also introduced a “look-back” period and penalties for transfers commonly used in planning for Veterans benefits...

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