New York Elder Law Attorney Blog

June 22, 2022

Audits Could Leave Many People Without Health Insurance

State audits have the potential to impact 15 million individuals including 6 million children losing their health insurance. Some state workers are concerned that they might lack the resources to aid people in finding new insurance coverage.

The existing federal public health emergency will expire this year, which will subsequently trigger a requirement that state workers must examine Medicaid to determine who qualifies as eligible. Over the last two years, these audits have been suspended. With the resumption of these adults, up to 15 million individuals are losing their medical insurance.

The Role of the Biden Administration

June 22, 2022

Postal Service Switches Retirement Benefits to Medicare

by Ettinger Law Firm

Congressional efforts to revise the country’s mail service might come at the cost of an even more nuanced issue involving Medicare.

The Postal Service Reform Act of 2022 would help to free post office costs by resolving the unusual and challenging legal requirement to fund 75 years of retirement health benefits in advance. In return, this Act would require future Postal Service retirees to participate in Medicare.

The Congressional Budget Office reports that the movie would save postal retirement as well as healthcare programs more than $5 billion and add more than $5 billion in costs to Medicare from now until 2031.

June 16, 2022

The Impact Covid Has on Long-Term Care Insurance

by Ettinger Law Firm

Over the last few years, Covid-19 has caused many people to think deeply about health issues. Now that the height of the pandemic has passed, many people are left wondering how this has impacted long-term care insurance.

A noticeable increase in long-term care insurance has occurred following the summer of 2020 as reported by many medical experts. Many people who previously rejected long-term care coverage have since changed their opinions.

What Is Long-Term Care Insurance?

June 16, 2022

Deciding Whether Your Senior Loved One Needs an Elder Law Attorney

by Ettinger Law Firm

Choosing to retain the services of an experienced elder law attorney is not a light decision, but instead is often the result of great consideration. Unfortunately, deciding whether or not to retain an elder lawyer can result in a great amount of uncertainty as well as anxiety for the elderly individual as well as that person’s loved ones. Various reasons exist why deciding whether or not you need an elder law attorney is a difficult situation.

# 1 – Retaining an Elder Law Attorney Makes You Confront Your Mortality

One of the most direct reasons why retaining an elder law attorney is difficult is that it makes the elderly individual confront the fact that he or she will not live forever. Coming to grips with our mortality is a frightening prospect. An elder law attorney can be retained for various reasons including estate planning, which comes with the grim perspective each of our lives will one day draw to an end. Not only is this difficult for the elderly individual, but you also cannot look past the difficult emotions that this brings up in loved ones as well.

June 12, 2022

Nursing Homes See Loss of Deficiency Appeals

by Ettinger Law Firm

Nursing Homes See Lost of Deficiency Appeals

The Nursing Home regulations permit nursing homes to appeal a deficient issue for which they are cited for not meeting federal care standards in situations where the Centers for Medicare & Medicaid Services implements a fine against the deficiency.

The Center for Medicaid Services often focuses on financial penalties for nursing care centers whose deficiencies directly harm or jeopardize residents. The Center for Medicare Services success in most appeals involving administrative issues, but it seems other harms, as well as deficiencies as well as associated penalties, are resolved away from the appeal process. Consequently, more details about transparency with the nursing facility process are more plainly needed.

June 12, 2022

Additional State Oversight Needed to Improve Hospice Care for Assisted Living Population

by Ettinger Law Firm

Assisted living has become a more popular residential selection for elderly individuals who need help performing daily living tasks. Regulations that apply to these populations, however, vary between states. Meanwhile, little study has been performed on care outcomes.

New studies evaluated end-of-life care provided at assisted living facilities. These studies determined that in states with less restrictive regulations, people who reside at assisted living facilities are less likely to pass away at hospice or home. This stands as an important gauge of the quality of care provided by assisted living facilities.

The Role of Assisted Living Communities

June 2, 2022

Trump Administration Medicare Faces Increased Scrutiny

by Ettinger Law Firm

Biden-era legislatures are currently debating improving a Trump administration regulation associated with Medicare due to increasing pressure from Democrats. Also called a direct contracting model, the program implemented during the Trump administration lets private companies enroll in Medicare as health department members to revise and better care while keeping government costs as low as possible.

The measure has fallen under scrutiny from Democrats who are concerned that the Biden administration is laying a path for Medicare to become private by keeping the measure intact.

Senator Warren Criticizes Model

June 2, 2022

Biden Administration Begins Improvement of Nursing Homes

by Ettinger Law Firm

President Joe Biden recently utilized his State of the Union address to begin a major improvement in the quality of nursing homes in the country. This improvement addresses an increase in minimum staffing levels as well as efforts taken to improve inspections while all-the-while following the Covid-19 safety protocol.

Biden administration officials have outlined over a dozen separate actions with many pursued by advocates while opposed by the industry. One major missing element is new channels of federal financing to compensate for improvements.

New Changes in the Nursing Home Industry

May 24, 2022

Tips on Avoiding Uncertainty about Health Documents While Estate Planning

by Ettinger Law Firm

Health documents used in an estate planning context are some of the most valuable documents that a person can have. These documents, however, often invite uncertainty because the documents are referred to by various names and one document can be confused for another. When it comes to the subject of estate planning, four primary types of healthcare planning documents exist.

# 1 – Healthcare Power of Attorney

Healthcare power of attorney documents are the most commonly utilized in the estate planning field. These documents are also referred to as healthcare surrogates or medical power of attorney. These documents often exist separately from durable power of attorney documents, which address legal and financial issues. Comparably, healthcare power of attorney documents appoints at least one individual who will function as a healthcare agent. These documents should also address an additional individual who will function as a backup.

May 24, 2022

Reduction to Medicare Part B Looming

by Ettinger Law Firm

The Centers for Medicare & Medicare Services is still evaluating its Part B premium due to changes that have happened after the amount was established last year. Approximately, 50% of the increase in the premiums is the result of the potential cost associated with paying for the Alzheimer’s medication, Aduhelm. If the Center ultimately decides to reduce its Part B premium, the reduction would likely apply in 2023 rather than 2022.

The Value of Aduhelm

Aduhelm plays a role in helping the approximately 6 million Americans who have been diagnosed with Alzheimer’s Disease, which is a degenerative neurological disease that slowly destroys a person’s memory and thinking skills. The medication can also negatively impact the lives of families and other loved ones connected to the person with the disease. Most people who are age 65 or older are also generally enrolled in Medicare, which pays for more than 63 million individuals.