The Legal Side of Moving a Parent Into Your Home
Moving a parent into your home comes with important considerations, from Medicaid and taxes to healthcare and legal planning.
Moving a parent into your home comes with important considerations, from Medicaid and taxes to healthcare and legal planning.
Medicaid is a program that provides health coverage to millions of qualified individuals, including seniors, children, and people with disabilities. Funded jointly by the federal government and individual states, Medicaid offers a safety net for those who might not otherwise afford necessary medical care. However, Medicaid is not uniform across the country. Each state administers its program with unique rules, benefits, and eligibility requirements. Understanding the difference between New Jersey and Pennsylvania Medicaid coverage can help individuals and families navigate the complexities of accessing care, especially if they’re considering a move between the two states. An Overview of Medicaid Coverage [...]
The importance of crisis planning for seniors can be summarized by something Benjamin Franklin once said, “By failing to prepare, you are preparing to fail.” Oftentimes, families contact our Elder Care Law office for crisis planning for seniors in their lives, struggling to manage the needs of their loved ones while caught up in the emotions and stress that come along with navigating a challenging situation. As a result, crisis planning for seniors makes it difficult for families to find appropriate and reliable long-term care options for their loved ones. Our elder care law team of care coordinators, including social [...]
Understanding the difference between Medicare and Medicaid is essential for anyone navigating the healthcare landscape in the United States, especially for seniors and those with low incomes. While Medicare and Medicaid are government-sponsored healthcare programs, they serve different populations and have unique eligibility requirements, coverage options, and funding sources. Both programs have distinct features, and here we’ll shed light on the difference between Medicare and Medicaid. Origins of Medicare and Medicaid Medicare and Medicaid were established in 1965 under the Social Security Act but were designed to serve different purposes. Medicare is a federal program that provides healthcare coverage [...]
I recently met with a family regarding their ailing father and a potential involuntary nursing home discharge. Their father fell in his home and was subsequently hospitalized. He then transitioned from the hospital to a local nursing home for rehabilitation covered by Medicare. The amount Medicare pays a nursing home for a resident undergoing short-term rehabilitation is significantly higher than what the nursing home would receive via Medicaid. However, Medicare will only pay for a maximum of 100 days if the resident needs skilled care. The 100 days is by no means guaranteed. With this client, the nursing home discharge [...]
In December 2022, Pennsylvania state Senators Michelle Brooks and Judy Ward proposed legislation that would expand Medicaid coverage for assisted living facilities. The proposal is designed to provide support for older adults who require assistance with daily living but do not require the high level of care provided by nursing homes. Under the proposed legislation, eligible seniors would be able to access Medicaid coverage for assisted living services, including room and board, personal care, and medication management. This would be a game-changer for many seniors who are currently struggling to pay for these services out-of-pocket or relying on family members [...]
Analysts estimate that up to 18 million people (or one in five enrollees) will lose Medicaid coverage between this year and next, and among those, 3.8 million will remain without health insurance. Here is what you need to know. Medicaid enrollment ballooned by 20 million people during the Covid-19 pandemic to nearly 84 million people. That was no fluke: with a declaration of a Public Health Emergency (PHE), states were barred from removing people from the program. This is all about to change. The $1.7 trillion government spending bill passed in December reinstated states’ ability to kick people off Medicaid, [...]
Once, during a client meeting, I was attempting to explain to a client’s family why part of the client’s income must be placed into a trust to become eligible for Medicaid assisted living coverage in New Jersey. As I was explaining something that I knew did not make sense to a reasonable person, I asked myself, does it really need to be this complicated? A federal court, regarding the complexity of Medicaid law, has stated: “There can be no doubt but that the statutes and provisions in question, involving the financing of Medicare and Medicaid, are among the most completely [...]
Written by Kaitlin Dirkx, Director of Public Benefits. Fall 2022 marks my seventh anniversary with Rothkoff Law Group, working as Director of Public Benefits. It also marks the longest I have ever worked for the same employer. When people ask what has kept me here for seven years, I always return to the relationships that I build with clients and the fulfillment that it brings me. As I meet more and more families struggling with enormous financial stress and anxiety while managing a loved one’s illness, it reinforces how much I enjoy helping people in this way at one of [...]
What is a community spouse, and how is one eligible for spousal allowance in the event their loved one is moved to a nursing facility? Before we answer, it’s important to first understand cost-sharing in Medicaid and qualifications based on income. Medicaid is a cost-sharing program, meaning that the Medicaid recipient shares in the cost of their care. Each nursing home has its own Medicaid reimbursement rate, or the daily rate that Medicaid pays them for its nursing home residents. The resident contributes a portion of their monthly income, and Medicaid makes up the difference. The resident’s income contribution is [...]