Do you employ private-duty caregivers in your home? On January 1, 2015, a new Final Rule issued by the United States Department of Labor will take effect concerning domestic service workers under the Fair Labor Standards Act (FLSA) and will extend minimum wage and overtime protection to such workers. Domestic employers are very vulnerable to employment-related mistakes and oversights that could carry significant financial and legal risks. The attorneys at Bach & Jacobs, P.A. work with clients to make them aware of payroll, tax, and labor law requirements, including insurance requirements, when they hire home help. Contact our office today to make an appointment with one of our elder law attorneys if you are employing or are considering employing private duty home health assistance.
A: A new study from AARP indicates long term care varies dramatically in cost and quality depending on where a person lives in the United State. You can find the ‘scorecard’ that ranks all the states based on 26 different variables here: http://www.longtermscorecard.org/ Unfortunately, Florida ranks in the bottom 25% based on the study’s criteria.
All the more reason to have a Board Certified Elder Lawyer advise you about your options. You can listen to a recent NPR story about the study here: http://www.npr.org/blogs/health/2014/06/19/323356217/how-your-state-rates-in-terms-of-long-term-care.
To make an appointment with Board Certified Elder Lawyer Babette B. Bach, contact Bach & Jacobs today.
Question: What is the impact of the Supreme Court’s Windsor decision regarding same sex marriage on people participating in programs administered by the Administration for Community Living?
Answer: We are pleased to report that in May 2014, the Administration for Community Living (ACL), a federal agency within the Department of Health and Human Services, issued guidance applicable to all ACL grantees concerning the federal government’s policy on same-sex marriages. ACL will now to treat same-sex marriages the same as opposite sex marriages to the “extent reasonably possible.” Important to note is that ACL will recognize a legal marriage, regardless of whether the individuals are domiciled or reside in a state or territory that does not recognize the marriage. This was motivated by the Supreme Court Decision in United States v. Windsor. The ACL’s full Windsor-related guidance is available at: http://www.acl.gov/Funding_Opportunities/Grantee_Info/docs/Community_Living_Guidance.pdf
From NPR‘s Morning Edition today:
“One of the toughest money decisions Americans face as they age is whether to buy long-term care insurance. Many people don’t realize that Medicare usually doesn’t cover long-term care, yet lengthy assisted-living or nursing home stays can decimate even the best-laid retirement plan.
Not many elderly people get long-term care insurance. It’s expensive and many hope their kids will look after them instead.
Long-term care insurance is a complex product that requires a long-term commitment if you’re buying it. So how can you tell if this insurance is right for you?”
To read or listen to the complete story, click here.
If you wish to discuss your options for long term care insurance, contact Board Certified Elder Lawyer Babette Bach, Esq at (941) 906-1231.
Question: What are the new 2014 Florida ICP Medicaid Figures for Skilled Nursing Care?
Answer: Some ICP Medicaid eligibility figures for seniors in need of long term care are tied to inflation. The Centers for Medicare and Medicaid Services just released the 2014 figures:
Single Applicant Resource Allowance: $2,000
Institutional Spouse Resource Allowance: $2,000
Maximum Community Spouse Resource Allowance: $117,240
(Note a Florida primary residence and one vehicle are exempt assets)
Minimum Monthly Maintenance Needs Allowance: $1,938.75
Maximum Monthly Maintenance Needs Allowance (this is the maximum spousal diversion allowed): $2,931
If you need legal advice for Medicare or Medicaid planning, estate planning, probate and trust administration or VA benefits, please contact our office for an initial consultation at (941) 906-1231.
Question: I am interested in doing Medicaid planning for potential future long term care costs, but I don’t know for sure that I’ll even need skilled nursing care or long term care. Should I start the Medicaid planning process ahead of time or wait until I need the nursing home care to make the plans?
Answer: Because there is a look back period, there are risks to waiting until a crisis hits to plan for Medicaid. It is more advantageous to make an appointment with an elder law attorney to evaluate your situation, income, and assets at the outset of a gradual condition that may cause you to eventually need long term care. Babette Bach is a Florida Board Certified Elder Law Attorney and an expert in public benefits and asset protection planning. Call Bach & Jacobs today at (941) 906-1231 to make an appointment for a consultation with her.
Aid and Attendance is a pension for Veterans and surviving spouses who require regular care attendance form another person to assist with the activities of daily life such as eating, bathing, dressing, medication allocation, blind, or need for assisted living or skilled nursing care.
Aid and Attendance benefits can assist paying for the costs of a caregiver in the home, assisted living and skilled nursing costs.
Aid and Attendance benefit for wartime Veterans for 2014 is as follows:
- Single Veteran = $1,758 a month
- Married Veteran = $2,085 a month
- Surviving Spouse of at Veteran = $1,130 a month
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.
Question: I am interested in doing Medicaid planning for potential future long term care costs, but I don’t know for sure that I’ll even need skilled nursing care or long term care. Should I start the Medicaid planning process ahead of time or wait until I need the nursing home care to make the plans?
Answer: Generally anyone who feels they have inadequate assets to pay for skilled nursing care should consider planning in advance. Skilled care costs average approximately $8,000 a month in Sarasota County. Because there is a 60-month look back period, there are risks to waiting until a crisis hits to plan for Medicaid. It is more advantageous to make an appointment with an elder law attorney to evaluate your situation, income, and assets at the outset of a gradual condition that may cause you to eventually need long term care. Babette Bach is a Florida Board Certified Elder Law Attorney and an expert in public benefits and asset protection planning. Call Bach & Jacobs today to make an appointment for a consultation with her.
Question: Our father is in a nursing home, but we would like to bring him home on Thanksgiving and Christmas day so we can all be at the table together. Will that disqualify him for Medicare coverage?
Answer: Under Medicare law, a resident at a skilled nursing facility can leave the nursing home for a day or two to enjoy the holidays with family and friends without losing Medicare coverage. This fall with Thanksgiving, Hanukkah, Christmas and New Year there are lots of opportunities for seniors in nursing homes to re-connect with family and friends. You can help facilitate those family gatherings without worrying that your father will lose Medicare coverage if he leaves the facility to participate. The Medicare Benefit Policy Manual states that “an outside pass or short leave of absence,” such as attending a special religious service, holiday meal, or other family vacation is “not, by itself evidence that the individual no longer needs to be in a [skilled nursing facility].” However, you should be aware that the nursing home can charge you for a bed-hold payment under some circumstances. If you have questions about arranging for your loved one’s care and qualifying for public benefits like Medicaid, Medicare, and Veterans Benefits, contact Babette B. Bach, a Board Certified Elder Law Attorney and elder law expert.
Question: Where Can I Find More Information on Elder Care?
Answer: You can always search for topics related specifically to elder care law on the Bach & Jacobs website. Another source for elder care information with a national perspective is ElderCareMatters.com. This website provides Elder Care articles, contact information for Elder Care professionals, and a is a resource for alternate solutions when seeking Assisted Living Communities, Alzheimer’s & Memory Care Communities, Continuing Care Retirement Communities and Home Care Companies. For customized advice specific to your situation, contact Babette Bach, Esq., a Board Certified Elder Law Attorney and former statewide chair of The Florida Bar’s Elder Law Section. She is an expert in the elder law field.
