Congratulations Babette on being an AV rated elite attorney for 30 years!!The State of Florida Agency for Health Care Administration (AHCA) confirmed an expected increase in the 2014 average private pay daily rate for nursing home care. The new number is $262.14, an increase from $250.42 last year. This means the estimate of the new penalty divisor for Medicaid is expected to be about $7,995.00. It will take DCF several months to process the rule change implementing the new penalty divisor. You can read a draft copy of the AHCA study here: http://origin.library.constantcontact.com/download/get/file/1110588872530-130/2014+Private+Pay+Rate+as+determined+by+AHCA.pdf
The State of Florida has enacted a new law that will increase the Personal Needs Allowance for Medicaid recipients from $35.00 to $105.00, the first increase in the history of the Medicaid Institutional Care Program in the state. The increase will become effective on July 1, 2014. The increase is in line item #239 in the General Appropriations Act (HB 5001), which was not among the line items vetoed by the Governor. $14,189,102 from the General Revenue Fund and $21,246,910 from the Medical Care Trust Fund are provided to increase the PNA for residents in institutional settings.
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
The awards keep pouring in! For the 5th year in a row, Babette B. Bach, Esq. has been selected for the 2014 Florida Super Lawyers list. Only 5% of Florida attorneys are chosen each year to receive this honor. The 2014 Florida Super Lawyers & Rising Starts will be published in July.
Babette B. Bach, Esquire
Bach & Jacobs, P.A.
240 S. Pineapple Avenue, Suite 700
Sarasota, FL 34236
941-906-1231
941-954-1185 facsimile
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: My father died shortly after he and my stepmother got divorced. I don’t think he updated his will after the divorce. If his ex-wife was in the last will, does that mean she’ll inherit even after she got a divorce settlement?
Answer: Unless the will or judgment expressly provides otherwise, if your father’s will provided for his then-wife, but they later got divorced, then those provisions benefiting the now ex-wife are void under Florida law. In fact, the Florida Probate Code construes such a will as if the former spouse had died before the deceased spouse as of the date of the dissolution, divorce, or annulment of the marriage. If your father designated your step-mother as his personal representative of his estate, you should look to the will to see if he appointed a successor personal representative. If he didn’t, you may be able to petition the court to be appointed personal representative. If someone you love has recently passed, contact Bach & Jacobs and schedule an appointment with one of our attorneys who can guide you through the probate process.
Question: Can a Foreign Guardian Manage an Incapacitated Person’s Property in Florida?
Answer: A foreign guardian is a guardian appointed in another state or country. A foreign guardian may manage property located in Florida upon petitioning the Florida court for an order allowing them to manage the ward’s Florida property. Managing the property would include any actions necessary to obtain, administer or dispose of real property, intangible property, business property, benefits and income according to §744.102 (12)(a) of the Florida Statutes. The court may require an additional bond if the foreign bond is insufficient to cover the ward’s Florida property.
If you need assistance or information regarding a Foreign Guardianship, please contact our office for an initial consultation.
Q: Do I automatically receive Medicare Part D if I am approved for Medicaid in Florida?
A: Medicare Part D now pays for prescription drug coverage for all Medicaid recipients. However, it is not immediate or automatic even if you are notified of Medicaid approval. Upon approval of Medicaid, you must apply for a Medicare D plan, which will be paid for by Medicaid. If you are moving into a facility, such as assisted living or nursing home, you should contact the facility to find out which Medicare D prescription drug plan they recommend. For additional information and assistance, you can contact the Department of Elder Affairs SHINE program, which provides free unbiased insurance counseling to Florida seniors, caregivers, and family members regarding Medicare, Medicaid, and other health care issues. The Elder Helpline is 1-800-96-ELDER (1-800-963-5337).
