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Dutton & Casey, P.C.
 Compassionate Advocates for Elders,
Persons with Disabilities, and Their Families

 www.duttonelderlaw.com

 

 
In This Issue:
Important Update
Proposed Changes
Relative's Debts
Caregiver Contracts
Benefits for Same-Sex Partners
New Medicare Rule
Other Links of Interest
Tools to Help You

Our Office Locations:

 

At Dutton & Casey, P.C., we understand the importance of convenience.

 

In addition to our Chicago location, we also offer appointments at our 

satellite offices.

 

Chicago:
100 West Monroe
Suite 810
Chicago, IL 60603
phone: 312-899-0950

Skokie:

9933 N Lawler Ave.
Suite 440
Skokie, IL 60077
phone: 847-261-4708

 Arlington Heights
1655 N Arlington Hts Rd., Suite 306 West
Arlington Heights, IL 60004
phone: 847-906-3584

General Email Address:

[email protected]

............................................

 

Client Care Coordinator,

 

Erin Vogt, LCSW, ACSW, CCM, meets our clients where ever they are, home, long-term care center,  hospital, etc.

 

 

  

 

 

 

 

 

 

 

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Your Elder Law Connection
May 2011

Elder Law is Constantly Evolving

 

The attorneys and staff at Dutton & Casey, P.C. understand the importance of staying informed within this expanding field of law.

 

Our newsletter, Your Elder  Law Connection, was designed with you in mind. It includes articles and resources that highlight some of the most recent developments in elder law and Life Care Planning. 

.........................

The June issue will feature an article on the new

 Illinois Power of Attorney Act, which will be effective on 

 July 1, 2011.

 * Medicaid Update *

Partner Janna Dutton

Attorney

Janna Dutton

The Illinois Joint Commission on Adminstrative Rules Votes to Prohibit New Medicaid Regulations

 

At its meeting on May 10, 2011, the Illinois Joint Commission on Administrative Rules (JCAR) unanimously voted to prohibit the Illinois Department of Healthcare and Family Services (HFS) from proceeding with implementing its proposed new Medicaid regulations which were published in August, 2010.

 

Among the reasons JCAR mentioned in voting to prohibit the proposed regulations were:

 

1. Objectionable provisions contained in the proposed regulations that are not necessary to implement the Federal Deficit Reduction Act

 

2. The given justification by HFS for the need for new regulations.

 

3. Unclear standards for caseworkers.

 

4. Undue hardship provisions which are more restrictive than federal rules.

 

5. The proposed retroactive application of new transfer of assets regulations which will result in Medicaid applicants being penalized for past actions that were allowed under the rules in place at the time of the action.

 

Once JCAR's prohibition is filed with the Secretary of State, HFS has 6 months in which time to assuage the JCAR members' concerns with revised rules or else the entire rulemaking dies and they must start over.

 

JCAR staff members indicate that JCAR is optimistic that HFS will compromise on the proposed rules and that there will be agreement reached on acceptable new Medicaid regulations within the 6 month limitation.

 

There is still time to voice your concerns

with JCAR. 

Information on JCAR and the members, can be found at  http://www.ilga.gov/commission/jcar/

 

* House Budget Cutters Prescribe Radical Surgery for

Medicare and Medicaid * 

House Budget Committee Chairman Paul Ryan (R-WI) has proposed a budget that would dramatically reshape both the Medicare and Medicaid programs and shift more costs to seniors and people with disabilities.

 

Please click here to read the entire article.

* Responsibility for a Deceased Relative's Debts *

Family members generally should not have to pay for a decedent's debts, but it is important to know your rights because collection agencies may target the decedent's relatives.

 

For the entire article, click here.

 

For questions about deceased relative's debts and the many other aspects of elder law, please click here to contact our office to schedule an appointment with one of our attorneys.

 

Click here to learn more about our attorneys.

 * Caregiver Contracts:

A Growing Planning Trend for Families *

A growing number of people are entering into caregiver contracts (also called personal service or personal care agreements) with their family members. Having such a contract has many benefits, including being a key part of Medicaid planning.

 

To read more about caregiver contracts, please click here. 

 

Are you a family caregiver? For questions about caregiver contracts, legally planning for yourself or a loved one, please contact our office.

 * States May Now Extend Medicaid's Spousal Protections to Same-Sex Partners  *

The U.S. Department of Health and Human Services has announced it will now permit states to extend Medicaid long-term care protections, long available to spouses of nursing home residents, to same-sex domestic partners as well.

 

Please click here for more information. And, watch for information on Illinois, in future issues of Your Elder Law Connection. 

 

For questions about benefits, planning for yourself and/or or a loved one, please contact our office  to schedule an appointment with one of our attorneys.

* New Rule Requires Homebound Medicare Patients to See Doctors *

The Federal Centers for Medicare and Medicare Services have issued a new Medicare requirement that doctors must meet face-to-face with their patients who are receiving home health care in order for the patient's home health visits to be reimbursed.

 

To read the entire article, please click here. 

 

For questions about public benefits, please contact our office.

   * Other Articles of Interest *

article  

Social Security Suspends Mailing of Critical Annual Statements

  

Making Room for Mom and Dad

 

Divorce Over 50: 3 Mistakes to Avoid 

 

Medicare Rise Could Mean No Social Security COLA  

 

When Pets Outlive Owners, 'Retirement Homes' Offer Refuge 

 

Getting Paid to Look After Elderly Relatives 
* Articles for Your Newsletter.
Presentations for Your Group. * 

We Are Not Only A Law Firm,

We Are A Community Resource.

 

Our attorneys and staff are available to present on a wide variety of topics involving older adults and people who have a disability. 

 

In addition, articles, on a wide variety of topics, are available for you to use in your publications.

 

Click here for a list of upcoming programs, available, presentation topics, and information concerning articles.

Upcoming Issues:
In upcoming issues of Your Elder Law Connection, you can plan on receiving up-to-date information so you can stay informed in the areas of elder law and life care planning. 

Dutton & Casey, P.C., Attorneys at Law


Main Office:
100 West Monroe Street, Suite 810, Chicago, IL 60603   

 312-899-0950 (phone) 312-899-0959 (fax)

 

Satellite Offices (By Appointment Only):

9933 N. Lawler Ave, Suite 440, Skokie IL 60077 

(phone) 847-261-4708

 

  1655 N. Arlington Heights Rd., Suite 306 West, Arlington Heights, IL 60004
(phone) 847-906-3584