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Florida Elder Law Blog - ElderLawAssociates.com
Florida Elder Law Blog - A blog by Elder Law Associates, South Florida's premier elder law attorneys, who handle elder law, medicaid planning, guardianships and much, much more.
Tuesday, November 29, 2011
South Florida Elder Law: Medicare's Open Enrollment Season Already Underway
This
year's holiday shopping season has begun early for Medicare
beneficiaries: the program's Open Enrollment Period, during which you
can enroll in or switch plans, began October 15 and ends on December 7.
During this period, you
may enroll in a Medicare Part D (prescription drug) plan or, if you
currently have a plan, you may change plans. In addition, during the
seven-week period you can return to traditional Medicare (Parts A and B)
from a Medicare Advantage (Part C, managed care) plan, enroll in a
Medicare Advantage plan, or change Advantage plans. Beneficiaries can go
to www.medicare.gov or call 1-800-MEDICARE (1-800-633-4227) to make changes in their Medicare prescription drug and health plan coverage.
Even
beneficiaries who were satisfied with their plan in 2011 need to review
their options for 2012, particularly because things are still in flux
due to changes brought on by the health care law. Prescription drug
plans can change their premiums, deductibles, the list of drugs they
cover, and their plan rules for covered drugs, exceptions and appeals.
Medicare Advantage plans can change their benefit package and as well as
their provider network.
According
to the federal Centers for Medicare and Medicaid Services (CMS),
Medicare Advantage premiums are expected to decrease by an average of 4
percent next year from this year, while Part D plan premiums will likely
increase about 2 percent to $30 a month, on average.
"There's no doubt that a lot of seniors are in the wrong plan," Ross Blair, the CEO of PlanPrescriber.com, a site that compares Medicare plans, told SmartMoney. "A lot of them could save hundreds of dollars a year by switching."
Reaching for the Stars
One change beneficiaries using the Medicare Plan Finder will notice this year is CMS's enhanced five-star rating system.
Plans that have achieved a five-star rating from CMS are identified
with a "gold star" icon. Those that have received a low overall quality
rating for the past three years are identified with a "warning signal"
icon. Another new innovation is that there is no time limit to switch
into a five-star Advantage or prescription drug plan. Medicare
beneficiaries have one opportunity to switch to one of these top-rated
plans anytime during 2012. (For more on the significance of the star
rating system, see "Medicare Plans See Dollars in the Stars.")
If you want out of your
Advantage plan after December 7, you can "disenroll" between January 1
and February 14. At that point you can return to traditional Medicare
and add a Part D plan, or move into a five-star Advantage plan. But if
you return to traditional Medicare you may not be able to buy Medigap
coverage at that point, although the rules vary by state.
If you take no action,
you will remain in your current plan unless your Medicare Advantage or
drug plan is terminating its Medicare contract. Also, if you receive the
Low-Income Subsidy (LIS) to help pay for some or most of your Part D
drug costs, you may be randomly reassigned to a different plan. (For
more on the LIS program, also known as "Extra Help," click here.)
Some factors to consider when evaluating your drug plan include:
- What is the monthly premium?
- Does the plan continue to cover necessary drugs?
- Does the plan provide coverage for drugs in the "doughnut hole" or coverage gap?
- What pharmacies are covered under the plan?
Some factors to consider when comparing Medicare Advantage plans include:
- What is the monthly premium?
- What is the cost-sharing for doctor visits?
- Which doctors and hospitals are covered?
- Is prescription drug coverage included?
- Are any other extra benefits included and will they be useful to you?
(For a MarketWatch article on picking an Advantage plan, click here.)
Remember
that fraud perpetrators will inevitably use the Open Enrollment Period
to try to gain access to individuals' personal financial information.
Medicare beneficiaries should never give their personal information out
to anyone making unsolicited phone calls selling Medicare-related
products or services or showing up on their doorstep uninvited. If you
think you've been a victim of fraud or identity theft, contact Medicare.
For more information on Medicare fraud, click here.
Here are more resources for navigating the Open Enrollment Period:
For more about Medicare, click here.
As always, before making any final legal decisions, please contact a qualified South Florida Elder Law Attorney who is also an experience South Florida Medicaid Planning Attorney. Labels: Elder Law Attorney, Florida Elder Care, florida elder law, Florida Elder Law Attorney, Florida Medicaid Planning, Florida Medicare Planning, Medicaid Planning, Medicare
Tuesday, November 22, 2011
Florida Elder Law: Multigenerational Families On the Rise
Just read an interesting article in the Chicago Herald, about how " Extended families are making a comeback" and thought it would be worth a read for our clients.
The article makes some really salient points, including "The recession and its aftermath have pushed extended families to share space at a time when the average age at first marriage has climbed to 28.7 for men and 26.5 for women. And life expectancy — now 75.7 for men and 80.6 for women in the USA — continues to rise."
This means that making plans for long term care insurance and getting your estate plan in order has never been more important or more necessary. Before making any final plans, please contact an qualified Florida elder law attorney. Labels: Florida Elder Care, florida elder law, Florida Elder Law Attorney, Florida Estate Planning
Tuesday, November 8, 2011
Florida Elder Care: Celebrating Family Caregivers
Debbie turned the ringing alarm off. It was 6:00AM and time to get
herself ready for the day. Her son would be there soon to help her
shower and dress her husband Jim. Her son came every day before work to
help because Debbie, at 75 years old and suffering with arthritis,
could not lift Jim out of bed or help him to the shower. This has been
the daily routine since Jim’s stroke a year ago. When her son leaves for
work, Debbie spends the day caring for Jim’s needs.
President Barack Obama, in his Presidential Proclamation of National Family Caregivers Month -2011 states:
“Across our country, millions of family members,
neighbors, and friends provide care and support for their loved ones
during times of need. With profound compassion and selflessness, these
caregivers sustain American men, women, and children at their most
vulnerable moments, and through their devoted acts, they exemplify the
best of the American spirit.”
Statistics from the Administration On Aging
show that the population 65 and older is expected to grow from its
current 13% to 19% of the total population by 2030. With the older
population increasing, the need for elder caregiving will continue to
increase. Family caregivers play a vital role in filling these
caregiving needs. Who better than family can understand the needs and
ensure the best care of their loved ones.
Caregiving can be very stressful and demanding. In the
case of a healthy spouse or a child living with the disabled person at
home, caregiving can be a 24 hour, 7 day a week commitment. But even
for the caregiver not living in the home, looking after a loved one or
friend can consume all of the caregiver's free time.
Surveys and studies consistently show that depression is a major
problem with full-time informal caregivers. This is typically brought on
by stress and fatigue as well as social isolation from family and
friends. If allowed to go on too long, the caregiver can sometimes break
down and may end up needing long term care as well.
A typical pattern may unfold as follows:
- 1 to 18 months--the caregiver is confident, has
everything under control and is coping well. Other friends and family
are lending support.
- 20 to 36 months--the caregiver is taking medication to
sleep and control mood swings. Outside help dwindles away and except
for trips to the store or doctor, the caregiver has severed most social
contacts. The caregiver feels alone and helpless.
- 38 to 50 months--Besides needing tranquilizers or
antidepressants, the caregiver's physical health is beginning to
deteriorate. Lack of focus and sheer fatigue cloud judgment and the
caregiver is often unable to make rational decisions or ask for help.
It is often at this stage that family or friends intercede and find
other solutions for care. This may include respite care, hiring home
health aides or putting the disabled care recipient in a facility.
Without intervention, the family caregiver may become a candidate for
long term care as well.
Since most family members go into informal caregiving
without training or counseling, they often aren't aware of the possible
outcome described above. It is therefore extremely important to seek
counseling and to formulate a plan of action prior to making a
caregiving commitment.
According to the National Care Planning Council:
" In 1965, Congress passed the Older Americans Act
which provides guidance and funding to the States to give help to
caregivers. All states offer programs at no cost or very low cost which
might include: counseling, caregiver training, respite care, adult day
care, meals, support groups and much, much more. It is vital for the
health and longevity of all caregivers to make use of these services."
(www.longtermcarelink.net)
In 1994 President Clinton proclaimed a week in November as National
Family Caregivers week to be observed with appropriate programs and
activities. It has since been changed to the whole month of November
with each President giving a yearly proclamation for its observance.
Government assistance is available all over the country. Area
Agencies on Aging and local senior centers give aid and support to
family caregivers. Numerous religious and community organizations also
lend their support.
This month of November 2011, as individuals, we can take note of
those around us, in our families and community, who are family
caregivers. A note of acknowledgement of their service, a gift of
thanks or even an offering of our time to give them a needed break
would let them know their service is recognized and appreciated. Labels: Florida Elder Care, florida elder law, Florida Elder Law Attorney
Tuesday, November 1, 2011
Florida Elder Law: Senior Cohousing-A Retirement Alternative
Seniors want to remain at home as long as possible, but with family spread out all over the country, it isn't always easy to do so. "Senior cohousing," a relatively new concept, allows older Americans to age at home in a supportive community.
Senior cohousing consists of a group of houses or condos that are individually owned by seniors and are clustered around a common area. The design usually includes a common house that can hold guest rooms, a kitchen for group meals, and any other common areas the residents agree on (e.g., a gym, media room, or art room). The residents pay a monthly maintenance fee and meet regularly to make decisions as a group.
Cohousing can be beneficial for someone who is looking to downsize. The residents share amenities and common area maintenance costs, so expenses are reduced. The biggest benefit may be that individual residents have control over how things are run -- unlike at a continuing care community, which has a management board. Residents can decide whether to hire a gardener or a cook for the community or even whether to have a nurse visit regularly. While cohousing developments don't usually offer 24-hour nursing care, the neighborhood becomes a community where everyone knows each other and neighbors can help out if one resident becomes sick.
There are hundreds of multi-generational cohousing communities in the United States that welcome seniors, but senior-only cohousing is relatively new. There are currently five senior cohousing projects, in California, Virginia, Colorado and New Mexico, but others are in the works. One downside is that developing a cohousing development can take years. The process involves finding land, working with an architect and developer, and dealing with financing and zoning. In addition, because all the residents must reach a consensus, the decision-making process can take time.
Before making any final decisions, consult a Florida Elder Law Attorney.
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