News
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 [...]
Helping Seniors Stay Connected During the Surge
Let's look at what we can be helping seniors stay connected during the pandemic surge. I think I was more upset about my father having Thanksgiving alone than he. My small family is scattered across the states, and it was not safe for us to be together. While I worry about my dad living solo, he sees friends, can handle facetime without tech support, and is the master of the pithy text. Not all seniors are faring as well. Physical and mental limitations cause many of our nation’s seniors to live in isolation. The pandemic has only exacerbated the problem. [...]
Personal Reflections on Being Thankful in the Face of the Pandemic
As a Director of Care Coordination of Rothkoff Law Group, I have unfortunately witnessed how the current pandemic has affected the lives of so many vulnerable older adults. As we still digest our Thanksgiving dinner and prepare for the holiday season before us, many people (myself included) are facing the disappointment, anger, and grief of not being able to spend the holidays with our loved ones as we have in years past. Sure, I had my own personal woes that I can attribute to “typical 2020;” but I have reflected on the last few months and realize that despite all the [...]
Can Nursing Home Residents Leave the Facility for the Holiday
Can and should nursing home residents leave the facility for the holiday? If a resident decides to leave the facility for the holiday, CMS recommends certain actions when the resident returns. Consider this scenario: A client was in a local nursing home for a rehabilitation stay following a fall resulting in hospitalization. His spouse communicated that her husband wanted to come home for the day to spend Thanksgiving Day with his family, and would be devastated if he was unable to due so for health reasons. The nursing home originally informed our client that her husband would lose his Medicare [...]
There is No Place for Politics in Elder Care Law
It is my personal opinion that there is no place for politics in elder care law. I recently discussed the election during a dinner conversation with a friend. We discussed our political views and opinions. He correctly observed he never sees political opinions on my Facebook or LinkedIn pages. He inquired why I chose not to engage in a political discussion, suggesting whether it was because I wanted to be perceived as apolitical from a business perspective. In a way, he was right, but not for the reasons he thought. Many years ago, I represented an elderly stroke survivor whose [...]
PA and NJ Long Term Care Visitation Guidelines
Let's take a moment to review the new PA and NJ Long Term Care Visitation Guidelines that have been established post COVID. It has been a very difficult eight plus months for both loved ones and residents of long-term care communities (LTC), referring to residents in assisted living, personal care homes and nursing homes). Social isolation has taken an extreme toll on the residents. During the past few months, many family members have taken advantage of outside visits with residents. However, as the weather turns colder and with the holiday season forthcoming, many families are concerned about the ability to [...]
Symposium 2.0: Virtually Connected: A Revamped Four Part Virtual Series; Focusing on the Future of Elder Care
Due to the ongoing COVID-19 pandemic and the uncertainty as to the public health situation in the fall, we have decided to combine both the NJ & PA 2020 Rothkoff Law Elder Care Symposiums into a new virtual online platform. We will have a four-part series for the Symposiums beginning in September. Please save the dates shown at right. More details to come over the coming months. SAVE THE DATES 12:00 - 2:00 PM 9/24/2020 10/8/2020 10/22/2020 11/19/2020
Rothkoff Law Group’s “Chalk Squad” Brings Some Joy to Long-Term Care Workers
Rothkoff Law Group teamed with Barclays Rehabilitation and Health Care Center by chalking the sidewalk outside long-term care communities in our area. Thank you to Elizabeth Solitro of Barclays and Rothkoff Law’s own Chelsea Ganssle for being the “chalk squad” and helping to bring some joy to our hard-working long-term care workers. CBS3 in Philadelphia did a story on the “chalk squad” in early June.