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Recent NewsNEWS AND EVENTS: Our attorneys, Henry M. Levandowski and Maria A. Darpino, are frequent speakers on a variety of Elder Law topics, to professionals serving the elder population and also to the public. Here is a sampling of recent and upcoming speaking engagements. When: February 18, 2009Topic: Elder Law Jeopardy Where: Friendship Circle Senior Community Center, 1515 Lansdowne Avenue, Darby, PA Time: 1:00 p.m. to 2:30 p.m. Contact: Christine Helmandollar, Director of Senior Center, 610-237-6222, ext. 26 When: March 4, 2009 Topic: Estate Planning and Related Consumer Protection Where: Friendship Circle Senior Community Center, 1515 Lansdowne Avenue, Darby, PA Time: 1:00 p.m. to 2:30 p.m. Contact: Christine Helmandollar, Director of Senior Center, 610-237-6222, ext. 26 When: March 10, 2009 Topic: Presentation on Elder Law Issues to the Family Caregiver Support Group Where: St. Francis Country House, Darby, PA When: March 18, 2009 Topic: How to Legally and Effectively Protect Your Assets from a Nursing Home Stay Where: Bon Air Fire Hall, Havertown, PA Time: 6:00 p.m. - 8:00 p.m. Contact: Levandowski & Darpino, LLC to register, 610-446-9626 When: March 25, 2009 Topic: How to Legally and Effectively Protect Your Assets from a Nursing Home Stay Where: Bon Air Fire Hall, Havertown, PA Time: 6:00 pm.m. - 8:00 p.m. Contact: Levandowski & Darpino, LLC to register, 610-446-9626 When: April 24, 2009 Topic: VA Benefits Seminar Where: Maris Grove Cardinal Club House, 100 Maris Grove Way, Glen Mills, PA Time: 1:00 p.m. Refreshments; 1:30 p.m. - 2:30 p.m. Presentation Contact: Kathy Ardekani, Health Care Counselor, 610-387-4626 When: April 28, 2009 Topic: Legal Issues Every Alzheimer's Caregiver Should Know Where: Arden Courts Alzheimer's Assisted Living, 620 West Valley Forge Road, King of Prussia, PA Time: 6:00 p.m. to 8:00 p.m. Contact: Nicole Graff, Marketing Director, 610-337-1214 When: May 28, 2009 Topic: Presentation on Elder Law Issues to Hospital Staff Where: Mercy Fitzgerald Hospital, Darby, PA When: June 10, 2009 Topic: VA Seminar for internal and external community Where: Sunrise Assisted Living Facility - Westtown, West Chester, PA Time: 6:00 p.m. - 8:00 p.m. - refreshments will be provided by the facility Contact: Patricia Linberg, Director of Community Relations, 610-399-4464 Some past presentations and venues: VA Benefits Seminar for residents, families and professionals held on February 5, 2009 at the Spring Mill Presbyterian Village at Lafayette Hill, PA VA Benefits Seminar for residents, families and professionals held on January 28, 2009 at the Sunrise Assisted Living Facility at Granite Run, Media, PA Elder Law - Planning for the Future - held on November 18, 2008 for the Caregiver Support Group at Lawrence Park Adult Day Services, Broomall, PA Elder Law Issues for Case Managers and Social Workers held on November 19, 2008 at Riddle Hospital, Media, PA Consumer's Guide To Hospice Care click here to view a PDF version of our Consumer's Guide To Hospice CareConsumer's Medicaid Guide click here to view a PDF version of our Consumer's Guide To Medicaid Planning Elder Care Planning Guide click here to view a PDF version of our Elder Care Planning Guide New Law Targets Medicaid for Nursing Home Costs On February 8, President Bush enacted into law the Deficit Reduction Act which is a new federal law designed to shift more of the burden of paying for nursing home care onto seniors and their families. One unintended effect of this new law might also shift some of the burden to nursing homes themselves. Most nursing home residents rely on Medicaid to some extent to pay for part of the costs of their care. Before the Deficit Reduction Act, seniors who transferred assets within three years of applying for Medicaid for nursing home care (“the three year look-back period”) were ineligible for Medicaid for a period of time, called the penalty period, beginning on the date of the transfer. The Deficit Reduction Act extends the “three year look-back period” to a “five year look-back period” and switches the start of the Medicaid penalty period from the date of the transfer to the date of the Medicaid application. In other words, the penalty period would not begin until the nursing home resident was out of funds, meaning there would be no money to pay the nursing home for however long the penalty period lasts. The effect of this change would mean that a senior who makes any kind of gift will be ineligible for Medicaid for a period of time that will begin to run only after they would otherwise be financially and medically qualified for Medicaid for nursing home care. This penalty would also apply to spouses of seniors who make gifts. Confusing? You bet it is! Let me give you some concrete examples. A grandparent who helps pay for a grandchild’s education will be disadvantaged by this law if they get sick and need to go into a nursing home within five years of making the gift. The same will be true for parents who help children with medical expenses or other financial difficulties and even for seniors who make contributions to religious or charitable organizations. This new law assumes that seniors can predict their medical and financial circumstances five years into the future.
It punishes unwitting seniors who have helped their families with commonly made gifts and then experience unforeseen medical events.
If people in these situations have not kept enough money to pay for the nursing home (upwards of $7500 per month) during
the period of Medicaid ineligibility, who will pay the nursing home?
Nursing homes are worried that they could be stuck providing uncompensated care.
The Congressional Budget Office estimates that the Deficit Reduction Act will affect approximately 15% of nursing home residents
each year. One possibility that will come as a shock to many families is that nursing homes may look to a resident’s children for payment.
Under Pennsylvania legislation passed last summer, children may be held liable for the financial support of their indigent parents.
Criminal penalties could also apply to children who fail to support indigent parents.
The Deficit Reduction Act could trigger a wave of nursing home lawsuits against the children of their residents.
I can foresee a common scenario where nursing homes will sue children who would likely countersue on some basis
such as substandard care.
It could get very ugly, and I guess the government intends to just stand back and watch. |
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