News
Expanded Skilled Nursing Facility Medicare Coverage During the COVID-19 Pandemic
The COVID-19 pandemic has been particularly devastating for nursing homes and their residents. Aside from the tragically disproportionate loss of life, care for surviving residents has been delayed or interrupted due to infection, facility lockdowns or other health system disruptions. As a result, the Centers for Medicare & Medicaid Services (CMS) has waived two limitations on Medicare Part A skilled nursing facility (SNF) coverage during the coronavirus pandemic: The 3-day qualifying hospital stay requirement; and The 100-day benefit period. However, CMS treats the two SNF coverage expansions differently from each other with regard to its connection to COVID-19. Three Day [...]
Rothkoff Law 2021 Virtual Elder Care Symposium on October 21, 2021
We are excited to announce our virtual Symposium for 2021, to be held on October 21, 2021. Our keynote speaker will be Dr. Jason Karlawish, author of the new book, The Problem of Alzheimer’s – How Science, Culture, And Politics Turned a Rare Disease Into A Crisis And What We Can Do About It. Due to the uncertainty of large in-person gatherings this fall, we have decided to have the Symposium remain in a virtual setting this year. However, we have a very exciting new virtual platform we will be utilizing which we believe will delight all attendees and sponsors. [...]
The Struggle for a National Agenda on Alzheimer’s Disease and Related Dementia
I am into my third decade of being an elder care law attorney. Early on in my career, I realized the shortcomings of a traditional elder law practice focused exclusively on financial issues. Our clients and families needed a multi-disciplinary approach to aging and chronic care issues, which focused on helping families navigate the health care system. This is the reason we now have five geriatric social workers in our elder care law firm. In 1989, Dr. Margaret Noel, a geriatrician, founded the Center for Older Adults at Thoms Rehabilitation Hospital in Asheville, North Carolina. Her center saw older adults [...]
How the $1.9 Trillion COVID-19 Relief Bill Impacts Seniors, Health Care
The American Rescue Plan Act of 2021, commonly known as the COVID Relief Bill, became law on March 11, 2021. The law includes the widely publicized $1,400.00 stimulus checks and expanding vaccine distribution, in addition to increasing access to health insurance, funding for the long-term care community, and continued support for the Elder Justice and Older Americans Acts. For those on Medicaid, the the COVID Relief Bill stimulus check is not income or a resource for Medicaid purposes. The funds may be gifted penalty-free for the first 12 months. After 12 months, it is considered a resource impacting Medicaid eligibility. [...]
Unsupported Elders and Advocacy Services
Prior to starting my job as the Rothkoff Law Group Pennsylvania Client Services Director, where I work with many clients, including unsupported elders, I had plenty of experience in senior care, but I did not have any experience in the legal field. I was under the assumption that you meet with an elder care law attorney to have your will and powers of attorney prepared. I quickly realized that this could not be further from the truth. Outside of knowing my title, quite honestly, I was unaware of what my daily routine would be and what role I would play [...]
Expanded Skilled Nursing Facility Medicare Coverage During the Pandemic
The COVID-19 pandemic has been particularly devastating for nursing homes and their residents. Aside from the tragically disproportionate loss of life, care for surviving residents has been delayed or interrupted due to infection, facility lockdowns, or other health system disruptions. As a result, the Centers for Medicare & Medicaid Services (CMS) has waived two limitations on Medicare Part A skilled nursing facility (SNF) coverage during the coronavirus pandemic: The 3-day qualifying hospital stay requirement; and The 100-day benefit period. However, CMS treats the two SNF coverage expansions differently from each other with regard to its connection to COVID-19. Three Day [...]
Addressing the Needs of an Elderly Parent and Her Special Needs Adult Child
Mary’s mother and sister needed help. Lots of it. The sister, Violet, is developmentally disabled and needs 24-hour care. Janice, their mother, was Violet’s sole caregiver for over 50 years. Mary knew that Janice was becoming increasingly confused, but it seemed like she was still taking great care of Violet. Then, Janice and Violet went for a long walk that ended with them wandering into a local nursing home and Janice asking if they could move in. Alarmed, a manager at the facility called for help. Janice was admitted to the hospital for a psychiatric evaluation, and Janice was placed [...]
Elder Law Planning: More Than Just Medicaid
When it comes to elder law planning, and when I meet with clients, the focus tends to be heavily centered on finances. When retirement accounts are dwindling due to a spouse’s high nursing home bill or a parent’s complex financial management style has left an adult child overwhelmed and confused, it is easy to become focused on Medicaid as the magic solution. However, Medicaid is just one piece of a much larger puzzle. A few years ago, I worked with the sister caregiver of a client who required long-term care. Due to the brother’s medical diagnoses and young age, his [...]
Supernova: A Love Story for Valentine’s Day
Director Harry Macqueen’s sophomore film, Supernova (2020), joins the ranks of Away From Her (2007), The Savages (2007), and Still Alice (2015)—films that depict individuals with dementia struggling to maintain their independence and the mental toll the illness takes on not only the patient but also their kin. What makes Supernova distinct from its predecessors, however, is its focus on a gay couple. Tuskar (Stanley Tucci), a man living with early-onset dementia, and his husband, Sam (Colin Firth), struggle to navigate the uncertain terrain that accompanies caring for a loved one with dementia. While on a road trip to revisit their memories together, Tusker tells Sam, “You’re not supposed to [...]
Update on Telehealth Insurance Coverage
Over the past year, telehealth insurance coverage has evolved. While telehealth is not a new practice, it has become much more widely utilized since the outbreak of COVID-19. Historically, telehealth was utilized in certain instances, such as for patients who lived in more rural areas with limited access to resources. In regard to telehealth insurance coverage, effective March 2020, Medicare began covering these visits under much broader guidelines and were paid at the same rate as in-person visits. Some of the most common technology platforms include FaceTime, Zoom, Google Hangouts, and Skype. Under the guidelines during the pandemic, the use [...]
Effect of Stimulus Payments on Medicaid Eligibility
elder lawIn light of the recent $600 stimulus bill payments, as well as the potential for up to $1,400 more to be paid to all eligible individuals over the next few months, we wanted to update you regarding the effect of the stimulus payments on Medicaid eligibility. Additionally, as well as an update on the long-term care communities’ responsibilities regarding the payments for residents. In May 2020, the NJ Division of Medical and Health Services (DMAHS) advised that an individual, including a nursing home resident, can make cash gifts to family and friends without impacting Medicaid. Specifically, per DMAHS: "CMS [...]
Can a Nursing Home Require Vaccination of Residents and Staff?
A recent article in the Doylestown Patch detailed that Neshaminy Manor, a Bucks County, Pennsylvania nursing home, announced they will require all staff to accept the COVID-19 vaccination. Those staff that choose not to vaccinate risk losing their jobs. This naturally leads to the question - Can a nursing home require vaccination of staff as a condition of continued employment? Can any employer? The answer is rather murky. Generally, if failure to vaccinate puts other employees, clients, or the public at risk of infection, then employers may require vaccination as a condition of an employee’s return to work. This is [...]
What Seniors Need to Know About the New Stimulus Package
The new $900 billion stimulus package was signed into law last week in order to address the continued health and economic fallout of the COVID pandemic. The relief measure includes a one-time $600 payment per eligible adult and child, but those $600 payments are not the only provision seniors should know about. The coronavirus relief package was included as a part of a $1.4 trillion omnibus spending bill, which also contained changes to key senior programs. Here are some of the legislation’s most important provisions for older Americans. $600 Stimulus Checks The stimulus package authorizes a one-time $600 relief payment [...]
Adapting to Change Brings Both Joy and Sadness
We have had to change the way we do practically everything from attending care conferences, to client meetings, to marketing, and as 2020 comes to a close, I find myself reflecting on the past year working in long-term care planning with both sadness and happiness. The sadness, of course comes from the all of the chaos that the Covid-19 pandemic has caused. Never in my life would I have imagined such a crisis could occur. In March, I remember thinking “This cannot be that bad, right?”, but with each day that passed it became increasingly clear that nothing could be [...]
Your Public Benefits Have a Lookback – Even Around the Holidays!
The holiday season is upon us yet again. It is easy to get caught up in the festivities and forget that if you or a loved one are enrolled in a public benefits program or are planning to apply in the future, it is important to remember that even holiday gifting can impact eligibility. Are you or your spouse receiving Medicaid benefits? Or will you need long-term care in the next five years? If so, a review of five years’ worth of all financial documents is conducted during the application process. They impose a penalty by delaying eligibility for benefits [...]
