News
Holiday Tips for Dementia Caregivers and Being Dementia-Inclusive
Holiday family gatherings can be challenging, especially for those with dementia, but with a few helpful holiday tips for dementia caregivers, you can be inclusive and enjoy the time together. Instead of dwelling on what the holidays were like in years past, some of the best advice dementia care experts have to offer involves focusing on the present and developing strategies to roll with the changes to preserve the holiday spirit of gratitude. According to dementia care expert Teepa Snow, the following guidance will help make your holiday gathering more dementia-friendly. 1. Think Simple Think smaller. Simplifying celebrations can go [...]
Know Your Rights: Special Enrollment Period
Are you eligible for a Special Enrollment Period? While annual open enrollment has come to a close, that does not necessarily mean that you missed your opportunity to make changes to your Medicare Advantage plan or your Medicare part D prescription drug plan. If you have Medicare Part C, also known as Medicare Advantage, meaning your Medicare benefits are offered through a private company, you will have a second opportunity to make changes. During the Medicare Advantage Open Enrollment period, running from January 1, 2022, through March 31, 2022, you can switch to a different Medicare Advantage Plan or go [...]
2022 Elder Law Numbers
As 2021 draws to a close, there are important 2022 elder law numbers that should be paid attention to by seniors and their loved ones. With these new changes in mind, now is the time to plan finances ahead of the year to come. 2022 Medicare Numbers The Centers for Medicare and Medicaid Services (CMS) has released the new Medicare premiums, deductibles, and co-payments for 2022: Basic Part B premium:........................................................$170.10/month (was $148.50 in 2021) Part B deductible:................................................................$233.00 ($203.00 in 2021) Part A deductible:................................................................$1,556.00 (was $1,484.00 in 2021) Co-payment for hospital stay days 61-90:..........................$389.00/day (was $37.00 in 2021) Co-payment for hospital stay [...]
The VA Aid and Attendance Pension Helps Seniors Age in Place
The VA Aid and Attendance program is helping veterans across the nation receive home care and avoid the need for leaving their surroundings for a nursing facility. Below we discuss the details of this program and the eligibility for seniors who have served to receive these helpful benefits. Very few people, if any, plan to spend their last days in a nursing facility. People want to remain at home. There they are surrounded by personal comforts and have control over their daily lives. Sadly, certain conditions make it untenable for some to remain at home. While disease progressions may necessitate [...]
What Are Guaranteed Issue Rights in Medicare?
While many people are currently assessing their health insurance options for fall’s Open Enrollment, running from October 15 through December 7, some may have questions about their options regarding Medicare, Medigap policies, and Guaranteed Issue Rights. If you are enrolled in or interested in enrolling in a Medigap policy, these policies are not subject to Medicare’s Open Enrollment period. A Medigap policy, or Medicare Supplement Insurance policy, helps to fill the “gaps” by serving as a supplement to Original Medicare, covering a portion of remaining health costs, such as copayments, coinsurance, and deductibles. These types of policies are sold by [...]
Important Update on Nursing Home Visitation Guidance from CMS
On November 12, 2021, the Centers for Medicare & Medicaid Services (CMS) updated their Nursing Home Visitation Guidance. After over a year and a half of residents and their loved ones being separated from each other and subject to confusing and often ignored nursing home visitation guidance, visitation is now allowed at all times for all residents, including indoor visitations. All visitors must continue to adhere to infection prevention practices. Additional key points of new guidance include: Facilities can no longer limit frequency and length of visits, number of visitors, or require advanced scheduling of visits. Vaccinated and unvaccinated residents [...]
Reflections on the 4th Annual Rothkoff Law Group Elder Care Symposium
On October 21st, 2021, we held our fourth annual Rothkoff Law Group Elder Care Symposium. Due to the ongoing COVID-19 health crisis, the Symposium was held virtually for the second year. We want to thank all of the attendees, exhibitors, presenters, and generous sponsors who helped support the Symposium. We are proud to announce all Symposium ticket sale proceeds will benefit HFC, Seth Rogen and Lauren Miller Rogan’s national non-profit dedicated to caring for families impacted by Alzheimer’s disease, inspiring the next generation of Alzheimer’s advocates, and being leaders in brain research and education. Upon logging into the Symposium platform, [...]
Philadelphia Walk to End Alzheimer’s
We invite you to join our team, Love 4 Lois, for the Philadelphia Walk to End Alzheimer’s on Saturday, November 13, 2021, at Citizens Bank Park in Philadelphia, PA. Every year, thousands of Americans lace up for the Alzheimer’s Association Walk to End Alzheimer’s—the world’s largest fundraiser for Alzheimer’s care, support, and research. Since 2018, our team has been walking in honor of my mother, Lois, Rothkoff Law Group’s dear friend, and former co-worker, who is living with this disease. On October 21, 2021, Dr. Jason Karlawish—Professor of Medicine, Medical Ethics & Health Policy, and Neurology at the University of [...]
Build Back Better Act Items of Interest to Seniors
The details of the Biden administration’s scaled-back budget bill titled the “Build Back Better Act” are out after several months of negotiations among Democratic lawmakers. Although there is a great deal out of the bill, such as Medicare coverage for dental and vision, the good news for elder care advocates is the $150 billion dedicated to Medicaid home and community services, along with regulations leading to a federally required nursing home staffing standard. Also, the bill does not include any estate tax changes. There is much more in the bill (or out of the bill, depending on your perspective). You [...]
The Role of Private Equity Ownership in Nursing Home Care
In this week's blog, we discuss the role of private equity investment in nursing homes and what states are doing to address these issues. Nursing homes owned by private equity firms have higher mortality rates, according to the National Bureau of Economic Research (NBER). Over the past 18 years, private equity (PE) investment in nursing homes increased 20-fold, from $5 billion to $100 billion. “Private equity’s business model involves buying companies, saddling them with mountains of debt, and then squeezing them like oranges for every dollar,” so says United States Representative Bill Pascrell from New Jersey, of PE companies purchasing [...]
Advocacy is Essential When Applying for Medicaid
As an attorney for Rothkoff Law Group, I help support our Public Benefits staff with complicated Medicaid issues and unexpected application outcomes when applying for Medicaid. As a result, I have found the internal processes of state Medicaid agencies processing Medicaid applications do not always comply with state and federal Medicaid laws, often to the detriment of our clients. For this reason, it is essential to have an advocate when applying for Medicaid for long-term care in both New Jersey and Pennsylvania. It is worth noting I do not believe the Medicaid agency’s occasional failure to comply with Medicaid rules [...]
Planning for Future Care: Balancing Life with Risk
At a certain age, planning for future care is a critical consideration for preserving your health and finances. If you are 65 years old, what is the chance of you needing long-term services and support? The answer depends on several factors. The statistics do show planning for future care is important before the need arises. According to a 2019 study by the federal Department of Health and Human Services, over a lifetime, the study determined that about 70% of older adults will need help from caregivers or paid aides in their own homes or long-term care facility at some point [...]
Arbitration Agreements in Nursing Home Admission Contracts
On October 1st, a federal appeals court decided to uphold restrictions that limit the use of binding arbitration agreements in nursing home admissions agreements. Binding arbitration agreements prior to the rise of any actual dispute have been promoted for decades as a way to reduce expenses by providing an alternative dispute resolution method. When used properly, arbitration agreements can provide the parties with a less expensive forum to solve disputes. However, binding arbitration agreements have also been used by the business community to attempt to limit themselves from potential liability by having a party relinquish their right to bring [...]
Elder Care Law Services and the Power of the Written Word
As we deal with the day-to-day issues of managing a law firm and providing elder care law services for clients and their loved ones, we sometimes unintentionally forget why we do what we do. It is a natural human reaction to address the here and now before you. Our focus as an elder care law firm is to ensure our clients receive the best care possible, determine how care can be reasonably paid for, and ease the burden on the caregiver family member. We received a handwritten note via mail from the child of a recently deceased client. We have [...]
Important Medicare Provisions Seniors Should Know About
Congress is gearing up to pass a budget reconciliation package, and there are several important Medicare provisions affecting seniors, including first-time Medicare coverage for vision, hearing, and dental care. These Medicare provisions are proposed to phase in vision, hearing, and dental benefits in 2022, 2023, and 2028, respectively. The Congressional Budget Office has estimated that vision benefits would cost $30 billion over 10 years, hearing benefits would cost $89 billion over 10 years, and dental benefits would cost $238 billion over 10 years. The legislation would also make broader changes to prescription drug coverage under Medicare. In addition to [...]
