News
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 [...]
Update on Rothkoff Law Group
We have attempted to provide some semblance of normalcy regarding our services and outreach after over 18 months of revamping business practices and our interactions with clients and our professional partners. We originally scheduled in-person professional appreciation events for the end of September and a client appreciation event for early December, as we have done in previous years. Unfortunately, due to the Delta variant, we decided to postpone these large in-person events and will reschedule them and/or turn these events into a virtual event. We believe we have a duty to protect our senior clients, the public, and our [...]
Rothkoff Law Elder Care Symposium Set to Explore What Went Wrong in the Pandemic with Elder Care
On Thursday, October 21, 2021, Rothkoff Law Group will host our 4th Annual Elder Care Symposium from 8:30 am to 4:30 pm. The topic for this year’s virtual event is Lessons Learned from COVID-19. The agenda includes a keynote address, breakout sessions, and a panel discussion. Professionals who work with older adults and family members of senior-aged loved ones will have valuable networking opportunities and unprecedented access to critical information regarding elder care issues. The Symposium will take a hard look at the current healthcare system for seniors and address how to change it for the better. This unique event [...]
Be Prepared for Medicare’s Annual Enrollment Period
The Medicare Open Enrollment Period for 2022 has arrived. Throughout the year, Medicare has different enrollment periods. The Open Enrollment Period, or OEP, is the timeframe during which Medicare beneficiaries can make changes to their Medicare plans. This year’s OEP will take place October 15 through December 7, 2021. Any changes you make to your Medicare plan during this period go into effect on January 1, 2022. During OEP, you can: • Switch from Original Medicare (Medicare Parts A and B) to a Medicare Advantage (Medicare Part C) plan. • Switch from a Medicare Advantage plan back to Original Medicare. [...]
Join Our Team: Love 4 Lois
One in 10 people over the age of 65 has Alzheimer’s dementia. Since the disease has affected a beloved former employee, Lois Cohen, we’ve been walking to end Alzheimer’s every November—and this year, we want you to walk with us. Learn how you can join our team and make a donation: http://bit.ly/love4lois2021
The Pandemic Did Not Change Everything
The Covid-19 pandemic has changed the way we live and communicate with one another in various ways, including scheduling virtual meetings, a significant reduction in travel, and reduction or elimination of large in-person gatherings. However, some important aspects of life have not changed, not all necessarily for the better. In late August, news broke that 91-year-old actor Ed Asner died. Asner became famous for his role as Lou Grant, the crusty newspaperman on the Mary Tyler Moore Show, then later as Lou Grant on his own TV drama from 1977-82. He was also the lovable voice of Carl in “Up,” [...]
Planning Ahead for the Medicaid Look-Back Period
What is a Medicaid Look-Back Period, and why should you be concerned about planning ahead for Medicaid benefits? We encounter the following factual scenario on a regular basis, which will shed some light on why you may want to start planning now. Mom can no longer live independently. Mom sells her house and moves in with her son and his family. Son uses mom’s money to remodel or add an addition to his home and to help pay household expenses, such as utilities, food, maintenance. Mom never puts anything in writing indicating son can use her money for such expenses. [...]
Self-Directed Medicaid Home Care Options
For a multitude of reasons, even once approved for Medicaid, many families have been hesitant to move their loved ones to an Assisted Living or Nursing Home environment, opting instead for home care. However, home care through an agency comes with issues of its own, primarily rooted in staffing shortages. It is no secret that the United States’ aging population is growing, an impending crisis exacerbated and exposed by the COVID-19 pandemic. The Philadelphia Inquirer recently called out Pennsylvania’s lack of comprehensive eldercare solutions, rating their “level of preparedness at a ‘C’ or ‘D,’” not nearly good enough to match [...]
Recognizing and Avoiding Caregiver Burnout
In addition to advocating for the needs of our clients, the Rothkoff Care Coordination team often addresses the need of the caregiver with whom we communicate, including the impact of caregiver burnout. A caregiver is typically a spouse or adult child who is assisting with tasks ranging from meal preparation and medication management to physically assisting their loved one with activities of daily living, including bathing, dressing, and grooming. Sometimes caregiving simply involves concern over the aging loved one’s wellbeing and checking to make sure this loved one is okay. Caregivers provide this support out of love, respect, and a [...]