Involuntary Nursing Home Discharge: “We Have No Long-Term Care Beds”

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 [...]

2024-03-08T11:18:32-05:00January 25, 2024|

Medicaid Coverage for Assisted Living: PA Legislation Proposal

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 [...]

2024-03-08T11:19:44-05:00April 28, 2023|

Millions at Risk to Lose Medicaid Coverage as of April 1, 2023

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, [...]

2024-03-08T11:12:02-05:00January 20, 2023|

Does it Have to Be this Complicated?

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 [...]

2024-03-08T11:21:02-05:00November 4, 2022|

An Unexpected Support System in Our Public Benefits Department

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 [...]

2024-03-08T11:24:20-05:00September 2, 2022|

What is the Community Spouse and the MMNA in Medicaid?

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 [...]

2024-03-08T11:28:03-05:00July 1, 2022|

How Can I Fight a Medicaid Transfer Penalty?

If you are planning to apply for Medicaid, whether for yourself or a loved one, it can be important to be aware of and, if possible, prepare for a Medicaid transfer penalty. If a Medicaid applicant has given away assets, inclusive of cash, bank account transfers, properties and/or vehicles, without receiving fair market compensation within the last five years, the Medicaid caseworker processing the application will impose a Medicaid penalty. What is a Medicaid Transfer Penalty? A Medicaid transfer penalty is a period of time during which Medicaid will not reimburse your long-term care provider for services, including home and [...]

2024-03-08T11:29:52-05:00May 13, 2022|

Extension of the 3-Day Prior Hospitalization Waiver

What does the 3-Day Prior Hospitalization waiver extension mean for seniors seeking skilled nursing facility-level care? Over the course of the COVID-19 pandemic, the Centers for Medicare and Medicaid Services issued several waivers in response to the Public Health Emergency. These waivers were scheduled through at least January 2022. In January, it was determined that the 3-Day Prior Hospitalization waiver would remain in effect at least through April 16, 2022. This waiver allows for Medicare coverage of skilled nursing facility level of care without a qualifying hospitalization. Under the traditional Medicare guidelines, a Medicare beneficiary must be admitted to a [...]

2024-03-08T12:10:18-05:00February 4, 2022|

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 [...]

2024-03-08T12:12:06-05:00December 17, 2021|

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 [...]

2024-03-08T12:12:27-05:00December 10, 2021|
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