Volume V January 2000 Number 1

In this issue:

  • Publication Schedule
  • New Personnel
  • Costly Advice In Long Term Care
  • For What It's Worth
  • Medigap Insurance
  • Interesting Medicare Website

Elder Law Attorney Tucson Arizona

Publication Schedule

Sounds good doesn't it: and this from an office that published our quarterly newsletter once last year. Given an early start this year, I hope to do better. We'll still shoot for quarterly and hope for the best. If you suggest topics you would like to see covered, it would help in getting motivated to write the newsletter.

New Personnel

Ms. Temple is no longer with this office and we have a new receptionist/assistant. Her name is Nicole Farris. Mireya Lizarazo whom she replaced, decided that Phoenix was much more attractive to her than Tucson. We tried to point out the fallacy of that but were unsuccessful.

Costly Advice In Long Term Care

Last month, a client came in to have a trust drawn up. His wife was in a nursing home and he had been told that the way to keep from spending all of their assets on long term care was to divide their assets and put his half in a trust, spend her half and then apply for financial assistance from Medicaid (ALTCS in Arizona). If he had followed that advice it would have cost them $20-30,000. He did not need a trust and having one such as was recommended to him would have had zero effect with ALTCS eligibility.

Unfortunately, such bad advise is not unusual. We sometimes hear:

  1. If you have transferred any money you must wait at least three years before you are permitted to apply for Medicaid;

  2. It is illegal to give away any assets and then apply for Medicaid;

  3. You must spend everything you have until there is only $2,000 remaining and then you can apply;

  4. The government will take your house and other assets to pay for the long term care;

  5. When you do apply, they will put you in a state-run facility;

  6. There is nothing you can do, just pay until you run out of money;

  7. The state will hold your kids responsible for the cost of your care.

None of these statements are true if you consult with an Elder Law attorney as soon as you see the need for long term care on the horizon. Timing is important and so is getting advice from someone familiar with the system.

Nursing homes are required by federal law to "inform each resident, orally and in writing at the time of admission to the facility, of the resident's legal rights .... and of the requirements and procedures for establishing eligibility for medical assistance..." (U.S.C. 42 § 1396r(c)(B)(i)). This does not guarantee that you will get accurate or complete information. Nursing homes are paid more by private clients than they are by the state. If you happen to be dealing with an unethical operator, they might tell you things that would keep the private payments coming as long as possible. I haven't run into that here in Tucson but we do get reports from others around the country of just such behavior.

For What It's Worth

Elderly individuals who partake in a siesta may have an increased risk of mortality. In a study of 70-year-old residents of Jerusalem, Israel, those who took an afternoon nap had twice the risk of dying during a 6-year period compared with those who did not nap. The mortality among nappers was 20% compared with a mortality rate of 11% for those who did not sleep in the afternoon, reported Dr. Michael Bursztyn and colleagues at Hadassah University Hospital.

I have no idea what this suggests but thought it was an interesting study.

Medigap Insurance

Medigap insurance is a policy that helps pay the difference between what Medicare covers and what the actual expense incurred. If a person signs up within six months from the date they enroll in Medicare part B and are age 65 or older, the senior has a right to buy the Medigap policy of his or her choice regardless of any health problems.

Regardless of when you buy the policy, don't do it until you have compared prices. The government sets the standards for each policy so coverage is identical. Go by cost and reputation of the company.

Interesting Medicare Website

While I know that many of you aren't using computers to "surf" the net, it is a most interesting place. The most recent exploration here got us to the government's website for Medicare (www.medicare.gov). Among the things that you can review is an in depth report on nursing homes around the country. It gives the results of the most recent state inspection for specific facilities and lists all of the problems found: bedsores, lack of staff, tainted food, etc. We were able to check on several Pima County nursing homes and could have done the same for other states. If you or anyone you know is looking into a nursing home facility, this is information that needs to be considered.

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Tucson Lawyer practicing in the area of Elder Law