Disability and Elder Law Planning

Medicare Prescription Drug Plan- It is time to act.

November 23, 2008 · Leave a Comment

Starting November 15, 2008 you may make changes to your prescription drug coverage under the Medicare Part D prescription drug plan coverage.  For six weeks you can opt into the plan if did not do so when originally were eligible or make changes to your plan for the ensuing year. If you are currently covered by a prescription drug plan you may want to review it to determine if it is still the right plan for you.

If you elect to accept Medicare Part D you have to find an insurance carrier to provide you with prescription drug coverage.  In addition to private insurance companies you can also find coverage through government insurance plans called Medicare Advantage.  There are pros and cons of using either.  This year it is being reported the larger private insurance companies plan to raise their rates, perhaps by as much as 30-60%; their deductibles and co-payments.  In choosing a plan it is important to insure the drugs you want to take are covered by the plan.  Most plans cover generic and some brand name drugs.  If you really need a specific drug you must insure the plan you choose covers the particular drug.  All plans do not cover all drugs.  This means it may be more important than ever to do some comparison shopping.

There is a plethora of information regarding Medicare Part D and the prescription drug plan options at the Health and Human Services Medicare site which you can find here.  If you want help finding a plan Medicare also has a webpage which will help  you find a plan.  To see the Plan Finder webpage go here.  Sorting out the options is a daunting task but certainly an interesting process. Having done it myself I must admit it is a bit confusing, but in the long run helpful.

Although the premiums on Medicare plans may be going up apparently coverage can still be found.  In 2009, you and your insuror need to cover the first $2,700 of drug coverage.  After the first $2,700 is paid in drug costs there can be a gap in the coverage (sometimes referred to as the donut hole) which will require you pay most of the cost of drugs up to $4,350 for 2009.  It may be possible to find a policy which will cover this gap in coverage as well, if this is the situation in which you find yourself. I found it somewhat difficult to find coverage for the donut hole and will have to hunt harder for exactly what it is I would need.

Where do you start?  I suggest getting out the pencil, calculator and crystal ball to determine what you anticipate your prescription drugs might cost.  For example, if you have had heart bypass surgery and are taking all of the prescribed drugs to treat your disease you might be spending $4,000-$5,000 annually for these medications.  Ouch.  You must then look at the plan options to see how best to cover this cost, taking into account the cost of the insurance premiums for your plan.  A daunting task, but potentially rewarding if you do a little shopping.  Adding more confusion is finding the drugs which you prescribe to on the approved list to insure the insurance plan will cover them.

The important thing to remember is you have to make changes during the November 15, 2008 to December 31, 2008 time period. Yes, it is right during the holiday season which makes the decision making process more cumbersome and stressful.  The sooner you get on with the review after November 15 the sooner you can get on to the holidays and time with family and friends knowing you have the annual Medicare review behind you.

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Planning for Long Term Care Benefits

November 9, 2008 · Leave a Comment

2008 Medicaid Long TermCare Guide
 

Long Term Care Sources of Payment

Private Pay

•$5,546 average per month in skilled care statewide

Medicare

•Covers only medically necessary skilled nursing facility or home health care for a limited time per spell of illness

•Part A Hospital Insurance; no premium if more than 40 quarters worked; $233 premium per month if 30-39 quarters worked; $423 premium per month if less than 30 quarters

•Part B Medical Insurance; $96.40 premium per month (may be higher if income exceeds $82,000 for singles and $164,000 for married couples)

•Doesn’t pay for custodial care

•100% cost coverage first 20 days

•$128 patient co-pay per day for days 21 through 100 for each benefit period (spell of illness)

Veterans Benefits
•Long term benefits generally provided only if you have a service connected disability

•VA facilities (or contracted facilities) and must be receiving VA benefits

•May provide some home health care

•Co-payments may apply

Long Term Care Insurance
•Coverage and cost depends upon policy terms

•Helps pay the cost of custodial care such as housing, bathing, eating and dressing

•Doesn’t pay rehab costs

Medicaid

•State and Federal government program that generally pays for certain health services and nursing home care for older people with low incomes and limited assets.

•Provides financial assistance in varied amounts for care in skilled nursing, private home and alternate care facilities

•Five Criteria for eligibility

1) Health- must pass a health screen with a ULTC 100.2 exam to demonstrate need for care

2) Residency- must be a Colorado Resident

3) Income- applicant income must be below $1,911 per month; if it’s above, but below the average cost of care in the region ($5,329 for Mesa, Delta, Garfield and Montrose counties) an “income cap” trust can be established; long term care insurance benefits don’t count as income; and applicant can keep $50 of his or her income for personal needs

4) Personal Assets- program allows the applicant to keep certain limited assets such as an interest in a residence (with a value below $500,000); $2,000 of resources, such as cash; burial spaces and plans; life insurance policy with less than $1,500 in cash value; an automobile used to transport the applicant and personal effects. All other assets are deemed to be “countable” and could cause the applicant to be ineligible for Medicaid benefits

5) Transfers prohibited- giving away assets will cause a period of ineligibility to exist during which Medicaid benefits will not be paid; all asset transfers within 5 years preceding the filing of an application will be counted, and the application should only be filed when the applicant is otherwise eligible for benefits

Protection for the Community Spouse (CS) Rules where Applicant is Married Resources
•CS may keep a resource allowance (CSRA) of $104,400

•CS may also own the family residence with value below $500,000 (unlimited if CS resides in residence) and other exempt assets

•Post-eligibility CS assets are treated separately from applicant

Income
•CS may keep up to approximately $1,711 of the couples income, which can be increased to $2,610 for exceptional circumstances (changes 7/1/2008)
Planning for the CS
•CS likely to need a new estate plan to protect his or her assets in the event he or she predeceases the institutionalized spouse (IS)

•CS should assess his or her own planning for long term care

•Consider post-eligibility gifting by CS

Medicaid Planning Opportunities
•Disability (d4a)Trust-shelter assets of those disabled and under 65; disabled beneficiary is sole beneficiary during life, CDHCPF (Colorado agency who administers the Medicaid program) must be beneficiary on death of disabled applicant to extent of benefits paid 

•Pooled Trust-Trusts for a group of beneficiaries who are disabled

•Conversion of Countable assets to Exempt assets; buying residence, burial plans, paying down a mortgage, etc.

•Conversion of Countable assets to Income – purchase of Medicaid qualified annuity

•Gifting of assets can be effective provided they are properly structured and timed

•Trusts created by a third party for a disabled individual are not deemed countable

•Personal Service Contract can remove Countable assets and provide for care by caregiver

Estate Recovery Program
•Assets owned by applicant on death are subject to recovery in the applicant’s estate to the extent of benefits received

•Avoiding Estate recovery requires careful planning but may be done through use of joint tenancy and payable on death accounts if properly structured

Mental Capacity
•Critical to do planning while individuals have mental capacity

•Only court can determine capacity

•Without capacity it may be necessary to involve a court in appointing a conservator or guardian

Advance Directives
•Financial power of attorney

•Medical power of attorney (health care proxy)

•Living will

•Do-not-resuscitate order

•Extremely important to have in place to be able to assist in planning

When not to consider Medicaid
•If you have sufficient assets to private pay

•If you don’t like relying on public assistance

•If you are concerned with a potentially different level of care

Cautionary notes about Medicaid planning
•Rules are constantly changing and the rules today may not be the same as when you actually apply

•There may be tax implications to different planning techniques which you should consider

•The CDHCPF looks upon planning for public benefits under the Medicaid program with very critical eyes and will deny eligibility where at all possible. Because of this there is risk to undertaking Medicaid planning as there can be no guarantee you will be approved and thus your planning may be unsuccessful

Nursing Home Resident Rights
The US Department of Health and Human Services says it best on their website.

Your rights include:

•Respect: You have the right to be treated with dignity and respect

•Services and Fees: You must be informed in writing about services and fees before you enter the nursing home

•Money: You have the right to manage your own money or to choose someone else you trust to do this for you

•Privacy: You have the right to privacy, and to keep and use your personal belongings and property as long as it doesn’t interfere with the rights, health, or safety of others

•Medical Care: You have the right to be informed about your medical condition, medications, and to see your doctor. You also have the right to refuse medications and treatments. For assistance with nursing home rights call your Nursing Home Ombudsman or ask the nursing home to contact him or her for you.

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The 2009 Numbers are in!

November 5, 2008 · Leave a Comment

Every year the Colorado Department of Human Services publishes the new “numbers” or amounts for the ensuing year regarding eligibility of individuals who are single and individuals who are married with a spouse still living in the community. These numbers are important for individuals applying for Medicaid for the first time as well as individuals who are already on Medicaid and have a spouse in the community.

For the most part, the amounts set forth below apply to individuals in all 50 states. There are some states which have a lower Community Spouse Resource Allowance aka CSRA.

Resources 

Community Spouse Resource Allowance $109,560.

Income 

Maximum Monthly Maintenance Needs Allowance $2,739

Minimum Monthly Maintenance Needs Allowance $1,750 (changes on July of each year)

SSI benefit payments 

Monthly payment for individual $674

Monthly payment for couple $1,011 

Deductibility of Long Term Care Insurance Premiums 

Listed below are the maximum amount of long term care insurance premiums which are deductible from taxes based on the age you are at the end of the year.

Attained age before the close of the taxable year:

40 or less $320

More than 40 but not more than 50 $600

More than 50 but not more than 60 $1,190

More than 60 but not more than 70 $3,180

More than 70 $3,980

For a more detailed read on deductibility of long term care insurance try the following site.

Medicare Premiums, Deductibles and co-payments 

Basic part B premium: $96.40 per month

Part B Deductible $135

Part A Deductible $1,068

Co-Payment for hospital stays 61-90 $267 per day

Co-Payment for hospital stays 91 days and beyond $534 per day

Skilled nursing facility co-payment, days 21-100 $133.50

Social Security Benefit Change 

Cost of living increase 5.8%

Estimated average monthly social security benefit payable in January 2009 $1,153

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Welcome

November 2, 2008 · Leave a Comment

Welcome to Brown and Brown, P.C.’s Long Term Care Planning blog.  We will be updating this blog on a regular basis, so please check back often.

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