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Long-Term Care

Arbitration agreement surviving death of signatory

By Elder Law, Long-Term Care

In the 2013 case Laizure vs. Avante at Leesburg, Inc. (SC10-2132), the Florida Supreme Court had to consider whether a nursing home patient’s agreement to arbitrate all claims against a nursing home applied to the heirs of the patient in bringing a wrongful death claim against the facility. The Supreme Court ruled that the arbitration agreement applied to the wrongful death action.

After undergoing a surgery, Harry Lee Stewart entered into a nursing home to receive rehabilitation. In order to be admitted to the facility, Stewart had to sign an arbitration agreement that required patients to arbitrate any claim made against the nursing home. Quickly after his admittance to the nursing home, Stewart died. His personal representative, Debra Laziure, then filed a wrongful death suit and alleged that the nursing home violated the Florida Nursing Home Resident’s Rights Act.

According to the arbitration agreement, the claims include “breach of contract, breach of fiduciary duty, fraud or misrepresentation, common law or statutory negligence, gross negligence, malpractice or a claim based on any departure from accepted standards of medical or nursing care, where the alleged damages exceed ten thousand dollars ($10,000).”

The Court ruled that the claim of negligence is arbitrable and the agreement also applied to the estate of Stewart.

April 11, 2017
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Does the VA pay for assisted living?

By Government Benefits, Long-Term Care, Veterans Affairs

The U.S. Department of Veterans Affairs does pay the rent of assisted living facilities for veterans that need certain eligibility requirements. However, it may pay for extra services that are essential in assisted living facilities.

Most veterans are expected to pay for assisted living facilities independently or through their long term care insurance companies. As a result, it is common for veterans to pay for assisted living using Aid and Attendance. Aid and Attendance is a pension for veterans over the age of 65 who need assistance with their daily living activities. This pension can be utilized for whatever purpose the veteran designates (i.e. assisted living rent, board, other services, etc.). Aid and Assistance can grant up to $2,120 a month in assistance for veterans.

If you need legal advice for VA benefits, Medicare, Medicaid planning, estate planning, probate or trust administration, please contact our office at (941) 906-1231 for an initial consultation.

March 7, 2017
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What are niche senior communities?

By Elder Law, Long-Term Care

For many retired seniors, finding a senior living community can be a challenging task. It can be tough to transition from living independently to moving into a community with frequent and close interaction with lots of other folks. However, a growing alternative to the traditional senior living community experience is the niche or “affinity” senior living community. These communities offer seniors the opportunity to live with other like-minded individuals who want to engage in similar activities.

Niche senior communities are particularly attractive to the Baby Boomer generation. They provide couples and individuals of certain religions, backgrounds, and groups a place to meet others like them and to connect with their interests.

Examples of these “niche” communities include those geared toward Indian-Americans, fitness enthusiasts, country music lovers, and more. By joining a niche senior community, you can continue to explore your interests into retirement and surround yourself with like-minded individuals with whom you already have a few things in common.

January 31, 2017
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Big Improvements Coming To Florida’s Medicaid Long-Term Care Program

By Long-Term Care, Medicaid Planning

I’m thrilled to report a landmark settlement which will improve the quality and quantity of home care services for Medicaid enrollees receiving home and community based services. Congratulations to attorney Nancy Wright of Gainesville, Florida (lead Counsel), Disability Rights Florida and Southern Legal Counsel.

Under the Settlement Agreement, health plans that administer Medicaid long-term care services will be “required to provide an array of home and community-based services that enable enrollees to live in the community and to avoid institutionalization”.

The Settlement Agreement also states, among other things, that AHCA will:

  • Adopt rules that set out requirements for coverage of long-term care services
  • Require a new assessment procedure that takes into account the availability, willingness and ability of voluntary caregivers.
  • Amend their contract with health plans to ensure compliance with these rules
  • Require changes to health plan member handbooks to clarify enrollee rights and how to file consumer complaints
  • Train (or re-train) health plans, hearing officers, AHCA staff and others on the new requirements
  • Monitor case managers on how assessments are being done
  • Use enrollee surveys that ask about sufficiency of services

The agreement impacts all six health plans now operating in Florida to provide Medicaid services through the Long-Term Care Program: Coventry/Aetna, Humana, Sunshine Health, Molina, United Healthcare and Amerigroup.

Should you have any questions regarding this topic or any other Medicaid related enquiry, please contact our office on 941-906-1231 to schedule an appointment to meet with one of our attorneys.

January 27, 2017
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Planning with Your Sibling to Care for Elderly Parents

By Estate Planning, Guardianship, Long-Term Care

Instead of coming up with a strategy for caregiving arrangements right after an emergency room visit or life-threatening event, it is good for families to meet early during a time when everyone is relaxed and rational. By meeting early, families can make arrangements when they are clear-minded and collected.

Another effective step in planning for caregiving is matching the parents’ wishes and needs with the capabilities of the siblings. For example, many elderly parents need help in areas like transportation, managing finances, and healthcare. Depending on the situation, one sibling might be able to assist with transporting the parents while another may be greater help in paying bills.

Lastly, it is important for siblings to remember that asking for outside help is sometimes necessary. If you and your siblings are still struggling to meet the needs of your parents, it is good to contact volunteer, hospital, and senior care programs that can provide their abilities and time.

January 6, 2017
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Death with Dignity: How do I withhold life-prolonging treatment in my end-of-life documents?

By Estate Planning, Long-Term Care

With the technological and medical advancements of the 21st century, life-sustaining treatment in end-of-life care has become more widespread and affordable. However, many individuals are against the idea of being kept alive by artificial means, especially when suffering from a terminal ailment. For those who are against such treatment, there are ways to withhold life-prolonging treatment in end-of-life planning documents.

Living Will

Crafting a living will allows you to communicate your wishes for end-of-life care. In this document, it is important to specify whether you plan on using life-prolonging treatment when you are incapacitated or denying the treatment.  Your doctors and family are required to honor the document.

Health Care Surrogate

Also sometimes referred to as a healthcare proxy, healthcare agent, and attorney-in-fact, your healthcare surrogate is responsible for making medical decisions for you when you are unable to do so yourself. By appointing a trusted health care surrogate, you can ensure that if you are temporarily or permanently incapacitated and unable to give informed consent, you will not be given life-prolonging treatment. The health care surrogate is only authorized to make medical decisions and does not have the capacity to access and use your funds unless you provide for that in another kind of document. It is important that you meet with your surrogate and clearly communicate your wishes and values so he or she can make the best decisions for you if need be.

It is wise to both draft a living will and appoint a health care surrogate. Your health care surrogate can use the living will as a guide in making decisions, including large decisions such as continuing or ending medical treatment. Also, if for some reason your health care surrogate is unavailable to advocate for you, your living will can help guide other caregivers.

If you have further questions on this topic or wish to set up end-of-life documents, contact our office at (941) 906-1231 to schedule an appointment with one of our attorneys.

December 13, 2016
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Assisted living residents receive support from Medicaid

By Long-Term Care, Medicaid Planning

Unlike nursing homes, assisted living facilities are housing options for individuals who are able to live independently but need some assistance. Another distinction between the two is that there is no requirement that Medicaid pay for assisted living facilities. But as of May 2016, 46 states and Washington D.C. have provided some sort of assistance to assisted living residents.

According to the website Paying for Senior Care, Florida has eliminated Home and Community-Based Waivers (HCBS Waivers) and now covers assisted living through the Statewide Managed Medicaid Care – Long Term Care.

December 2, 2016
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Iowa Nursing Home Case Raises Questions about Social Media Abuse

By Elder Law, Long-Term Care

According to an NPR article titled, “Social Media Abuse of Nursing Home Residents Often Goes Unchecked” a very disturbing incident involving social media abuse occurred at a nursing in Hubbard, Iowa. The article states that a certified nursing assistant sent a Snapchat photo of a resident covered in feces to six of her coworkers. After being fired from the facility, she faced no charges because it technically wasn’t against the law.

In Iowa, the law that protects dependent adults includes no mention of social media apps due to the fact that it was last updated in 2008. Because the photo the CNA took did not show the resident’s genitals, the CNA did not violate the law by committing sexual exploitation of a dependent.

This story raises concerns for other states and their handling of senior abuse. In Florida, and in most states, there is no mention of social media apps. Although there is a clause that includes exploitation by photography, it only qualifies if the genitals or other private areas are shown.

To find a solution to this problem, try contacting your representatives in order to create legislation that properly addresses this issue.

November 18, 2016
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Sharing Caregiving Responsibilities with Siblings

By Long-Term Care

According to a U.S. News & World Report article called “Dividing the Caregiving Responsibilities Between Siblings,” it is common for members of the baby boomer generation to find themselves caring for their parents, financially and emotionally. While historically the eldest daughter may have been the one traditionally left with these responsibilities, these circumstances are changing with women’s advancement in the workplace and the geographical space between families.

In order to divide the responsibilities of caring for parents between siblings, there are certain steps families should follow. Despite most families living in different locations, there are ways for siblings living away from elderly parents to help. They can call parents regularly, pay bills online, or make visits here and there.

November 8, 2016
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How to Vote While Living in a Nursing Home

By Elder Law, Long-Term Care

Voting is an important facet of democracy, but for many seniors, it can become increasingly difficult to get to the polls. For seniors who live in nursing homes, it can be even more challenging.

While it is necessary in Florida to physically cast a ballot, Florida allows absentee voting. The requirements for absentee voting vary by state, and some states require an excuse such as a physical disability to vote absentee. However, Florida and 36 other states do not require an excuse. A form of absentee voting used by 23 states, including Florida, is mobile polling. Mobile polling allows residents to vote from within their facility. To access mobile polling, contact your local elections office. Florida also offers supervised voting for absent electors. The supervisor of elections, pursuant to 101.65, F.S., is required to provide supervised voting at nursing homes if requested by the facility. Teams of at least two people, representing at least two parties, are provided for assistance. The senior can receive help from the supervised voting team or a person of the elector’s choice to cast the ballot.

Florida and 36 other states also allow early voting for those who can’t make it on Election Day. Early voting allows voters to visit an election office early without having to provide an excuse. In Florida, you can also receive personal help during early voting without having to explain the extent of your disability.

October 14, 2016
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