| Newsletters Archives | |
| December 18, 2009 | No Change in Medicaid Spousal Impoverishment Standards for 2010 www.adamJRoa.com When someone applies for Medicaid (i.e. Medical Assistance in Maryland) a certain amount of assets are automatically protected for the community spouse. Each year this amount that can be protected increases. For the first time since 1989, there will be no increase for the community spouse for 2010. For the first time since 1989, when a law was enacted protecting the spouses of institutionalized Medicaid recipients from impoverishment, the federal Centers for Medicare and Medicaid Services is not raising its guidelines for how much money the husbands or wives of institutionalized Medicaid recipients may keep. With no increase in the consumer price index on which these figures are based, the resource and income guidelines that prevailed in 2009 will apply in 2010 as well. This follows the announcement by Social Security Administration that there would be no cost of living increase in Social Security benefits. The Elder Law Office of Adam J. Roa can help Individuals seeking Medicaid Long Term Care services specially if you do have a good idea bout the medical, and financial eligibility requirements. The technical criteria includes proof of US citizenship, Maryland residency, and suffering from a defined disability (i.e. if you are over the age of 65 you are deemed disabled in the eyes of Medicaid). At Adam J Roa Elder Law Firm we specialize in all this type of matters and can provide with the assistance you need in Maryland. In 2009 and 2010, the spouse of a Medicaid recipient living in a nursing home (called the “community spouse”) can keep as much as $109,560 without jeopardizing the Medicaid eligibility of the spouse who is receiving long-term care. Called the “community spouse resource allowance,” this is the most that a state may allow a community spouse to retain without a hearing or a court order. While some states set a lower maximum, the least that a state may allow a community spouse to retain in 2009 and 2010 is $21,912. Meanwhile, the maximum monthly maintenance needs allowance for 2009 and 2010 is $2,739. This is the most in monthly income that a community spouse is allowed to have if her own income is not enough to live on and she must take some or all of the institutionalized spouse’s income. The minimum monthly maintenance needs allowance of $1,821.25 took effect July 1, 2009, and will not change until July 1, 2010. In determining how much income a particular community spouse is allowed to retain, states must abide by this upper and lower range. Bear in mind that these figures apply only if the community spouse needs to take income from the institutionalized spouse. According to Medicaid law, the community spouse may keep all her own income, even if it exceeds the maximum monthly maintenance needs allowance. Source: www.Elderlawanswers.com The Law Offices of Adam J. Roa, P.C., provides services focused only on Elder Law. We cover the entire range of elder law services for your family members, including Nursing Home Issues, Adult Guardianship, Probate and Estate Planning Services We take pride in handing difficult contested cases that affect the well-being of your dearest family members or protect their intentions.) Contact us: 401 Washington Ave., Suite 803 Email:Towson @ AdamJRoa .com |
| Newsletters Archives | |
| December 16, 2009 | The Effects of Health Care Reform on Long-Term Care www.AdamJRoa.com Most of the discussion about health reform has centered around issues like the “public option” and abortion restrictions. But buried in both the House and Senate reform bills are important provisions that would make long-term care more affordable, help the elderly and disabled remain at home rather than move to a nursing home, and make nursing homes safer for those who have no choice. Ending Medicaid’s Institutional Bias The Senate bill contains a number of provisions aimed at ending Medicaid’s “institutional bias,” which forces elderly and disabled individuals in many states to move to nursing homes because Medicaid won’t pay for care that could be provided at home and in the community, often at much less cost. For starters, the Senate bill includes the Community First Choice Option, which would give states more federal Medicaid money if they set up community services and supports for Medicaid recipients who otherwise would require nursing home care. (The House bill includes a statement of support for the Community First Choice Option.) The Senate bill also would give increased Medicaid funding to states that can divert more Medicaid recipients from nursing homes and other institutions to home and community based care. And the bill extends for another five years an important demonstration project in 31 states called Money Follows the Person. If you are looking for an Elder Law Firm to represent you or somebody in your family, we can assist you to understand this new bill more in details. Please call us at 410-296-8166 Ext:292 This program encourages states to transition Medicaid recipients from institutions to the community, where they will continue to receive Medicaid coverage through new community services. The Senate proposal would give the spouses of Medicaid recipients who are receiving services at home or in their community the same financial protections that the spouses of nursing home residents currently enjoy. However, under the current measure spouses would not become eligible for these protections until 2014 and the protections would disappear in five years unless renewed by Congress. Finally, a “Sense of the Senate” provision of the bill states that, “(1) during the 111th session of Congress, Congress should address long-term services and supports in a comprehensive way that guarantees elderly and disabled individuals the care they need; and (2) long term services and supports should be made available in the community in addition to in institutions.” Nursing Home Protections Both the House and Senate bills would help protect nursing home residents and other long-term care recipients from abuses, and give families of nursing home residents more information about the facilities their loved ones are living in or considering moving to. Both bills would set up a nationwide program for national and state background checks of long-term care employees who have direct contact with patients. Both bills would also require nursing homes to publicly disclose all individuals and entities that own, govern, operate, finance, provide services to, or control them. In addition, information about nursing home staffing levels — including hours of care per resident day, turnover and retention rates, and facility expenditures for wages and benefits — would be added to Medicare’s Nursing Home Compare Web site. To read the House-passed Affordable Health Care for America Act, click here. To download a copy of the Senate’s Patient Protection and Affordable Care Act in PDF format, click here. (If you do not have the free PDF reader installed on your computer, download it here. The Law Offices of Adam J. Roa, P.C., provides services focused only on Elder Law. We cover the entire range of elder law services for your family members, including Nursing Home Issues, Adult Guardianship, Probate and Estate Planning Services We take pride in handing difficult contested cases that affect the well-being of your dearest family members or protect their intentions.)
401 Washington Ave., Suite 803 Email:Towson @ AdamJRoa .com |