Nursing Home Residents Have Rights!
Many people incorrectly believe that once someone enters a nursing home, their freedom is over. . .
Read moreMost nursing home residents on Medicaid are likely not being enrolled in the Medicare Part D prescription drug plan that best covers their medications, according to an analysis by the Long Term Care Pharmacy Alliance (LTCPA), an association of pharmacies that dispense drugs to long-term care facilities. The problem could be resolved if the nursing home residents were allowed to receive help from their caregivers, the LTCPA says. Such help is currently prohibited.
Low-income nursing home residents who fail to choose a Medicare Part D plan on their own are automatically assigned one by Medicare. In this randomized auto-enrollment selection, no attempt is made to match beneficiaries with the plan that best suits their needs, even though plans usually are available that will cover all or most of their medications.
Following up on its July 2006 policy analysis considering this issue, LTCPA used Medicare's online plan finder to compare how different plans covered ten drugs commonly prescribed to long-term care residents. The results demonstrated that the variability of access to these drugs between plans is significant. Often, two or more plans had few, if any, restrictions on all ten medications, while under other plans several drugs were unavailable or included restrictions.
The analysis concludes that under the auto-enrollment process, many nursing home residents eligible for both Medicaid and Medicare are at risk of being assigned to plans that are inadequate for their medical needs. To make matters worse, the federal government explicitly prohibits caregivers, the people who would know the medical needs of this frail and elderly population best, from choosing a plan for a beneficiary or from helping a beneficiary to choose the best plan. LTCPA urges the Centers for Medicare and Medicaid Services to allow caregivers to assist nursing home residents to choose the plan that is best suited to their particular medical needs.
ElderLawAnswers warned of these risks in a May 2005 investigative article (see 'Switch to Medicare Drug Coverage Poses Dire Risk for Nursing Home Residents, Experts Warn' ).
For the LTCPA policy analysis, 'State by State Formulary Variability in Medicare Prescription Drug Plans for Auto-Assigned Long-Term Care Residents,' click here.
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Read moreIn addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.
READ MORETo be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.
READ MORESpouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.
READ MOREIn addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.
READ MORETo be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.
READ MORESpouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.
READ MORECareful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.
READ MOREIf steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.
READ MOREThere are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.
READ MORECareful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.
READ MOREIf steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.
READ MOREThere are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.
READ MOREMost states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.
READ MOREApplying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.
READ MOREMedicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.
READ MOREMost states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.
READ MOREApplying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.
READ MOREMedicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.
READ MOREDistinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.
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READ MOREWe need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.
READ MOREDistinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.
READ MORELearn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.
READ MOREUnderstand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.
READ MOREWe need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.
READ MOREUnderstand the ins and outs of insurance to cover the high cost of nursing home care, including when to buy it, how much to buy, and which spouse should get the coverage.
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READ MOREUnderstand the ins and outs of insurance to cover the high cost of nursing home care, including when to buy it, how much to buy, and which spouse should get the coverage.
READ MOREWe explain the five phases of retirement planning, the difference between a 401(k) and an IRA, types of investments, asset diversification, the required minimum distribution rules, and more.
READ MOREFind out how to choose a nursing home or assisted living facility, when to fight a discharge, the rights of nursing home residents, all about reverse mortgages, and more.
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READ MOREGet a solid grounding in Social Security, including who is eligible, how to apply, spousal benefits, the taxation of benefits, how work affects payments, and SSDI and SSI.
READ MORELearn how a special needs trust can preserve assets for a person with disabilities without jeopardizing Medicaid and SSI, and how to plan for when caregivers are gone.
READ MOREExplore benefits for older veterans, including the VA’s disability pension benefit, aid and attendance, and long-term care coverage for veterans and surviving spouses.
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