attorney who help with long term care with medical

What is medical long term care?

Long Term care (LTC) is a specialized Medi-Cal program that provides benefits for paying all or part of the medical expenses incurred by an individual who has been in a hospital (receiving acute care) or a Skilled Nursing Facility (SNF) for over 30 days and is expected to remain at least 30 more days.

What kind of care is most long term care?

personal careThe most common type of long-term care is personal care—help with everyday activities, also called "activities of daily living." These activities include bathing, dressing, grooming, using the toilet, eating, and moving around—for example, getting out of bed and into a chair.

What are the three basic levels of long-term care?

Care usually is provided in one of three main stages: independent living, assisted living, and skilled nursing.Dec 12, 2012

How is palliative care given?

Where palliative care is given. Palliative care is most often given to the patient in the home as an outpatient, or during a short-term hospital admission. Even though the palliative care team is often based in a hospital or clinic, it's becoming more common for it to be based in the outpatient setting.May 10, 2019

What Do Long-Term Care Insurance Attorneys Do?

Long-term medical care may be required if an individual suffers a debilitating illness such as Alzheimer’s disease, a stroke, ALS, or any other disease that requires assistance to continue with normal daily life.

Consulting a Long-Term Care Insurance Attorney

It is a very good idea to have an experienced attorney review your long-term care policy before signing to make sure you have the coverage you expect, help you decide if the coverage offered is sufficient, and help you process and digest the dense legal and medical documents found in a long-term care policy.

What is a good lawyer for Medicaid?

A good lawyer will devise a personalized Medicaid planning strategy that enables an applicant to retain as much of their wealth as possible for current and future needs while ensuring they will qualify for the long-term care services they require.

What does a Medicaid lawyer do?

A Medicaid lawyer will take all aspects of a senior’s personal and financial situation into consideration to determine when they should apply and whether additional steps must be taken to avoid disqualification for benefits.

What is elder law?

Elder law attorneys specialize in helping older adults with long-term care planning, estate planning and government benefits. Those with experience in Medicaid planning understand each state’s rules and regulations and help families by identifying comprehensive strategies to legally obtain and maintain eligibility for public benefits.

Can you avoid a penalty period for Medicaid?

In some cases, there are exceptions that can help applicants avoid a Medicaid penalty period. In other situations, applicants who have made disqualifying transfers during the look-back period may be better off delaying their Medicaid application.

Can you retain ownership of assets while still receiving Medicaid?

Applicants can retain ownership of certain types and amounts of assets while still maintaining their eligibility for benefits. In some instances, a personal care agreement is a great way for a senior to compensate their family caregiver (s) while legally spending down to meet Medicaid asset and income limits.

Can a married couple get Medicaid?

The financial Medicaid eligibility rules for married couples are different from those for unmarried applicants. An elder law attorney can devise a plan for a married couple to spend down their assets to qualify for long-term care Medicaid but still retain enough resources for the healthy spouse to remain in their home and cover their costs of living.

Can an elder's health and care needs change?

Of course, an elder’s health and care needs can change a great deal in that timeframe, especially if they have a chronic medical condition like dementia or Parkinson’s disease. It may be wise for some families to look into Medicaid planning even earlier to ensure they’re prepared when the need for long-term care arises.

What is the highest cost of long term care?

Hospital-based skilled nursing facilities offer the highest level of care, but cost the most ($300 to $500 per day).

What is intermediate care facility?

Intermediate Care Facilities offer a level of medical care just below SNFs (discussed above). ICFs are best for people with chronic ailments who will stay there for a long time. ICFs cater to both medical needs as well as personal assistance. They usually charge $150 to $400 per day.

What are the types of elder abuse?

Some types of elder abuse include: Physical abuse – such as hitting, pushing, sexually abusing . Mental abuse – such as creating mental anguish, intimidating, threatening. Financial scams – such as using the resources of an elderly person without her consent and for an individual’s own benefit.

When was the Elder Abuse Act passed?

Elder abuse has become a growing concern over the past few decades, especially involving long term care facilities. In 1992, Congress passed the Vulnerable Elder Rights Protection Program, amending the Older Americans Act of 1965, and enhancing the rights of seniors.

What is a long term care attorney?

A skilled long-term care insurance attorney may take away some of the worry and fear in dealing with filing a claim or a denial when you are seeking long-term care insurance benefits. An experienced attorney can guide you through the claims process increasing the likelihood that the insurance company will pay the claim.

What is the difference between medical necessity and newer policies?

Older policies use language such as “medical necessity” while the newer policies, which are more exclusive, use language detailing an inability to perform two or more activities required for daily living. This can include an inability to bathe, prepare food, dress, or clean the home.

What are the triggers for disability insurance?

This can include an inability to bathe, prepare food, dress, or clean the home. Another trigger for coverage is often based on cognitive impairment. Having impairments that restrict a claimant’s ability to perform necessary living activities isn’t enough.

Can you file a claim on a long term care policy?

While anyone can file a claim on a long-term care policy, it’s the elderly who need these policies the most. Long-term care policies may include in-home services assisting with ADLs. Sometimes the policies provide for nursing home care as well as care in assisted living facilities.

Can long term care insurance wipe out life savings?

Long-term care insurance can be expensive . It also often provides limited benefits, with restrictions and conditions that may only cover a small percentage of total long-term care costs.

Do insurance companies make money?

Insurance companies do not make money paying out claims. In cases where there is any ambiguity in the situation or much of the claimant’s argument is built from anecdotes by loved ones, the insurance company may decide that the claimant’s situation does not rise to the level for triggering payments.

Can a long term care claim be denied?

The Insurer May Conduct an Assessment. Claims for long-term care should not be denied unless the insurance company performs an in-person assessment of the claimant. This assessment must be conducted by a licensed health-care provider. Some states require that any policy issued before 2000 has a clause that requires the insurance provider ...

What can elder law attorneys do?

Elder law attorneys can identify and alert family members to financial exploitation they might otherwise have missed. When Dad and Mom slow down or their health declines, that gives a bad neighbor the opportunity to come over and start ‘helping out’ or an unscrupulous adult child to obtain access to financial accounts, says Simasko.

What is elder law?

According to the National Academy of Elder Law Attorneys, elder law encompasses many fields of law, with elder law attorneys specializing in numerous areas, which can include: Administration and management of estates and trusts. Elder abuse and fraud. Estate planning, probate, trusts, wills and other financial documents.

What to do if you have no durable power of attorney?

If there is no durable power attorney in place to allow an appointed person to make financial or decisions about your loved one if he or she becomes incapacitated, an elder law attorney can work with you and your loved one to prepare the documents.

Who is Patrick Simasko?

Families are frequently split on the type of care they want for their parents, says Patrick Simasko, a certified elder law attorney in Mount Clemens, Michigan. However, an elder law attorney can advise what is best without emotions influencing decisions.

Do you have to be a certified elder law attorney?

However, a certified elder law attorney (CELA) must have practiced elder law for a certain number of hours each week for a specific number of years and participated in a required number of hours of continuing education, ...

How Elder Law Became a Practice

The Older Americans Act (OAA) was signed into law by President Lyndon B. Johnson and is credited by the American Bar Association with being the foundation for the practice of elder law. The OAA was the first initiative on a federal level to address and provide a wide range of services for senior citizens.

What Areas of Life Can an Elder Law Attorney Be Helpful?

At some point in our life, chances are good we will need the help of an attorney. As we age and begin planning for our retirement future, and ultimately, our death, seeking counsel from an elder law attorney can be beneficial. Attorneys who practice elder law are knowledgeable in several areas that directly affect senior citizens.

What Questions Should I Ask When Choosing An Elder Law Attorney?

If you decide that speaking with an elder law attorney is right for you, there are some questions you will want to consider asking before entering into an agreement. The National Academy of Elder Law Attorneys (NAELA) says in your initial phone call to an attorney’s office, you may end up speaking with the attorney’s secretary or office manager.

What Questions Should I Ask At My First Meeting With An Elder Law Attorney?

NAELA also has a recommended list of questions to ask when you choose an elder law attorney you want to work with. Once you’ve explained your particular situation and the reason for your meeting, you’ll want to find out the answer to the following issues:

How Do I Find An Elder Law Attorney?

If you would like to find an elder law attorney to speak with or work with, asking your friends and family who they recommend is always a good place to start. The National Elder Law Foundation (NELF) is the only national organization that certifies elder and special needs law attorneys.