VA Implementation of Proposed Regulations Postponed.
For several years, the VA has been in the process of rule-making that will substantially change how aid and attendance applications are processed. Among the most important changes is the implementation of a look-back period which has never before existed for this...
Set-back in Eliminating Pre-Dispute Arbitration
We have long advised our clients against signing admission agreements with nursing homes or assisted living facilities which require pre-dispute arbitration. We strongly feel that if one of our clients were to have to sue a facility, the case should be heard by a...
“I Need a Power of Attorney for My Parents”
I often receive calls requesting that I prepare a Durable Power of Attorney for parents. This question inevitably leads to further conversation. The threshold question is "why are your parents not calling themselves?" If I am going to be able to do legal documents,...
“Improvement Standard” Still Misunderstood
In January 2013 a Settlement Agreement was entered between the Center for Medicare & Medicaid Services (CMS) and a class of Plaintiffs who sued CMS for denying coverage based upon an erroneous "improvement standard" that Medicare beneficiaries had to be...
Cremated Remains Are Not Property
In the Florida 2016 legislative session, the statute about cremation was amended to provide that cremated remains are not property and are not subject to partition for purposes of distribution as other estate assets such as real property or brokerage accounts. This...
Observation Status Implementation Delayed
The Notice of Observation Treatment and Implication for Care Eligibility Act (NOTICE Act) was signed into law last year. This law is meant to avoid the problems that occur when a Medicare patient is hospitalized for multiple days, but classified as "Observation...
Living Trusts Sometimes Impair Asset Protection Planning in a Crisis
Many clients come to us with Living Trusts (also known as “Revocable Trusts”) in place that were prepared 10-15 years ago when the amount that one could pass to beneficiaries without paying estate taxes was significantly lower. Trusts were needed back then to minimize...
Life Care Planning
Life Care Planning is a unique practice model that combines traditional elder law including Medicaid and Estate Planning with care advocacy. A few years ago, I received a call from a financial planner about one of her clients. She started the conversation with “I...
Hiring Home Care Can Be Tricky
Knowing your obligations when hiring home care workers is critical. Complying with the Fair Labor Standards Act is required. Even if you use and agency, you may become personally liable for overtime or minimum wage violations. Most home care workers are actually...
Improvement Standard an Ongoing Problem
Just today I received a call from a family member who is being told by a rehabilitation facility that his loved one will be discharged from Medicare because “she is no longer improving.” I let the man know that “not improving” is not an appropriate reason to deny...
Congratulations to Natalya McGill!
Natalya McGill, Benefits Coordinator and Probate and Guardianship paralegal at Burzynski Elder Law has earned the designation Florida Registered Paralegal. A Florida Registered Paralegal is a paralegal who has met the education, training, certification and work...
The Importance of Obtaining the Proper Advice When Planning For Your Elderly Loved One
More and more seniors and their families are seeking the assistance of a senior professional to help guide them through the maze of long-term care planning options. In many situations in which seniors face the prospect of long-term care costs, Medicaid is a necessary...
“Plans Are Worthless, But Planning Is Everything”
Dwight D. Eisenhower (1957) In our process of Life Care Planning we work with our clients in planning for their long term care needs. The Life Care Planning process involves developing an infrastructure including legal documents and structuring finances that best...
When is Home Care Covered by Medicare?
When certain criteria are met, home care covered by Medicare is available. There is no legal limit on the length of time for which home health coverage is available. Further, Medicare covers home health services in full, with no required deductible or co-payments....
2016 Elder Law Numbers
Many numbers are pertinent to the Elder Law practice change annually. Below are the 2016 Elder Law Numbers. This year many of the numbers did not change because there was no Cost of Living Adjustment; therefore, many of the numbers below are indexed to the COLA so...
The Invaluable Work of the Professional Guardian
A good professional guardian can be a godsend in difficult family situations. A good professional guardian is a tireless advocate, is on-call twenty-four hours a day and is a master of diplomacy. Unfortunately professional guardians as a group have come under fire in...
Leaving a Medicare Rehab Facility for Family Holiday Celebration
Elderly Nursing Home Residents are sometimes concerned that they will lose their Medicare benefit if they leave the facility to participate in family Christmas or Chanukah celebrations. These residents should rest assured that their benefits are not at risk because...
Diplomatically Finding Documents
In our last blog, we talked about how when families gather for the holidays, that sometimes adult children are confronted with the realization that their elder parents need help. We talked about how "diplomatically finding documents" is necessary to determine the...
Holiday Gatherings Reveal Changes in Elderly Family Members
When families gather for holiday celebrations, it sometimes becomes apparent that elderly family members are experiencing changes that need to be addressed. Adult children are often shocked by their aging parents’ situations. Look for the following warning signs:...
Medicaid Planning Misconceptions to Avoid
Whenever I meet with new clients about long term care, I find that most of them are operating under a few misconceptions. The problem is that neighbors and friends give well-meaning advice that is often based on experience in other states or simply bad information....
2015 Guardianship Law Changes
Guardianship law changed significantly in 2015. I'm going to discuss the biggest changes in this blog post, but I intend to cover all of the changes in the coming weeks in future posts. One of the most important guardianship law changes involves F.S. 744.3031 which...
New Rules Proposed: Arbitration in Nursing Home Contracts
The Center for Medicare and Medicaid Services has proposed a new Federal Rule which revises the requirements that Long Term Care facilities must meet to participate in the Medicare and Medicaid programs. Among the reforms is a provision relating to arbitration clauses...
Open Enrollment for Medicare
Medicare beneficiaries should explore their options annually about their coverage. Between October 15-December 7, Medicare beneficiaries who do not have a Part D plan may enroll in one and those who do have a Part D plan can change it. Beneficiaries can also opt out...
Personal Services Agreements
Four in ten U.S. adults are now caring for a sick or elderly family member as more people develop chronic illnesses and the population ages (Reuters). These caregiving responsibilities can take both a physical and financial toll on the family members. Spending time...