Elder Law Update
North Carolina Edition |
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I WANT TO KNOW
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Greetings!
Yep, that
is a bowtie. Not a clip-on. Tied it myself.
October
has been an incredibly busy month. The North Carolina Division of Medical
Assistance announced plans to begin enforcement of tough new federally-mandated
transfer of assets rules with respect to applicants for nursing home
assistance. The enforcement began November 1. I have updated my "almost famous" (it has been downloaded quite a bit) summary of North Carolina Medicaid nursing home rules to discuss some of those changes. You can click HERE to read that.
The
Centers for Medicare and Medicaid Services (CMS), the federal agency that
regulates the Medicaid program, also announced "spousal impoverishment" numbers
for 2008. Those numbers will dictate how many assets and how much income the spouse of a
nursing home resident will be able to retain and still qualify the other spouse
for Medicaid. You can see those numbers by clicking HERE.
Last
month I promised we'd begin looking at specific areas of Medicaid. We've put
that promise on hold for a month. This is the Medicare "Swap Season" . . . that
magical time when seniors are inundated with persuasive advertising to drop
their existing coverage, change from this plan to that, or move from traditional
Medicare to an Advantage Plan. I have received many questions from clients, and
from the looks of the columns submitted below others are concerned. So, we've
had a slight change in plans.
First, we
have added a great deal to the Mason Law website relating to Medicare. You'll
see links to that part of the website below. Second, you may think of this
issue of the Elder Law Update as the
"Medicare issue". I hope you'll find some usual information.
I have
prepared a brief summary of the enrollment and disenrollment rules for
Medicare, Medigap Plans and Medicare Advantage Plans. That article appears
immediately below.
Warren
Coble raises his concerns regarding plan changes below as well.
Also, we
have a new columnist. Dr. Patricia
Shevlin and I serve together on a nonprofit board of directors. She has weighed
in with a brief column on Medicare Part D plans. Dr. Shevlin is a principal in
Asheboro Family Physicians. Her partner Dr. Bob Dough and I have discussed
Medicare Part D before, and with Dr. Shevlin's article, I know it is an area of
concern to them.
Speaking
of doctors . . . as of October 24, Dr. Beth Hodges has a new tax exemption.
Specifically, Elena Rose Hodges . . . all 7 pounds, 2 ounces of her.
Congratulations to both Dr. Hodges' . . . Dr. Beth and her practice partner/husband Dr. Cisco! Dr. Shevlin and Dr.
Hodges will be swapping off from month to month in Elder Law Update.
Unfortunately,
the last few months I have had a number of matters pertaining to financial
exploitation of an elder. Savannah
banker Rose DeVries shows us how to avoid a problem that can effect all of us:
Identity theft. Her article appears below as well.
Finally,
my column this month in Coastal Senior
(which covers the Savannah-Hilton Head area) has nothing to do with Georgia and
everything to do with people who have old wills that might contain rude
awakenings due to changes in tax laws. The November issue is on the stands in
the South Carolina low country and coastal Georgia, but
you can read it by clicking HERE.
Have a
great Thanksgiving. We have much for which to be grateful.
Bob Mason Certified Elder Law Attorney
Certified by the
National Elder Law Foundation, recognized by the American Bar Association as
the certifying entity for specialization in Elder Law.
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THE MEDICARE SWAP SEASON Bob Mason
With the
approach of November 15, newspapers and magazines are packed full of confusing
advertisements urging seniors to look at new Medigap (supplemental) insurance
policies and Medicare Advantage plans. Companies are urging seniors to jump from
one type of plan to another. The
advertisements will only add to the bewildering array of options available to
seniors.
The
purpose of this brief column is to lay out a summary of important (and, alas, complex)
rules relating to when someone can purchase a Medigap policy or change to
another Medigap policy. And, of course, any purchase or swap has potential
financial ramifications.
After
that brief discussion, we will take a look at switching in to and out of
Medicare Advantage plans. For more on
Medicare Advantage plans, see my two part article written for the Coastal Senior (a Savannah publication) by clicking HERE (for Part 1) and HERE (for Part 2). As you will see, I'm not particularly
enamored with Medicare Advantage plans.
Medicare Generally
If you
are really new to Medicare, it may be helpful for you to look at my article "Medicare
101". Go there by clicking HERE. Remember, I never promised this would be easy!
Medigap PoliciesFor more
background on Medigap plans, you may wish to read my article on Medigap
policies posted on my website by clicking HERE.
In any event, traditional Medicare does not pay for everything. As with
any other health insurance, you are expected to meet deductibles and co-pays.
They quickly add up. That's where Medicare supplemental plans (or "Medigap"
plans) come in. If you plan on using traditional Medicare (as opposed to
enrolling in a Medicare Advantage plan) do not leave home without a Medigap
policy. You can take a look at the 2008 Medicare deductibles and co-pays by
clicking HERE.
There are
twelve standardized plan types (labeled Plans A-L). Each plan provides the same
package of services regardless of the company. It makes shopping easier. It is
important to note that you must select a Plan C or higher in order to insure
that your Medigap policy will pay expensive nursing home co-pay amounts ($128
per day beginning in 2008).
Medigap
policies are extremely important, but it is also extremely important to select
and enroll in a Medigap policy during a "guaranteed enrollment period". Attempting to enroll in a Medigap policy at
other times (perhaps after several years in Medicare you decide you should have
done it in the first place) can be expensive . . . even if you locate a Medigap
plan willing to enroll you.
So what
is a "guaranteed enrollment period"? There are certain times when individuals
are guaranteed the issuance of a Medigap policy at prices that have been
reviewed and approved in each state. You
are guaranteed such admission if:
·
You
first become eligible for Medicare Part B.
·
Upon
first becoming eligible for Medicare Part B, you enrolled in a Medicare Advantage
plan and you disenrolled from that plan within the first twelve months.
·
If
you dropped a Medigap policy for a Medicare Advantage plan and you disenrolled
within twelve months, you are also guaranteed the same Medigap policy
that you first dropped if this is the first time you have dropped a Medigap
policy for a Medicare Advantage plan. If
your old Medigap policy is no longer available in your area, you are guaranteed
the purchase of either an A, B, C or F policy.
·
If
you move out of the service area of your Medigap policy, you are guaranteed
admission in to a new Medigap policy of types A, B, C or F.
Medicare Advantage Plans
Medicare
Advantage plans are alternatives to traditional Medicare, and are meant to give
consumers a broad array of service packages and pricing. Traditional Medicare
is maintained by the federal government and is standardized throughout the
country. Medicare Advantage plans are offered by approved insurance companies.
It is in
this area that confusion will really begin.
Because Medicare Advantage plans are offered by private companies (with
big advertising and marketing budgets) you will see a lot of advertising
"noise" on television, radio and in print media.
There are
a number of "election periods" relevant to Medicare Advantage plans.
First
there is an initial election period that consists of the three months
immediately preceding your initial eligibility for Part A and enrollment in
Part B of Medicare. If you do not elect
in during this period, you will be automatically enrolled in traditional
Medicare.
Thereafter
there is an annual "coordinated election period" that runs from November 15
through December 31. During this period
you may enroll in a Medicare Advantage plan, change to a different Medicare Advantage
plan, or return to traditional Medicare.
Please see the rules I discussed above to see if you qualify for a
guaranteed Medigap policy. You very well
may not, which means you will return to traditional Medicare with out any "gap"
protection.
Not to be
confused with the "coordinated election period" that runs from November 15
through December 31, there is an open enrollment/disenrollment period that
covers the first three months of the calendar year. Under this period an individual who has not
otherwise made a contradictory election under the coordinated election period
may opt in to a Medicare Advantage plan.
Finally,
there is a special election period during which an individual may transfer from
a Medicare Advantage plan back to traditional Medicare or from a Medicare Advantage
plan to another Medicare Advantage plan. A special election period applies in a
number of "serious" events: plan termination in the geographical area, a move out
of the service area by an enrollee, a substantial violation of a material
provision of the plan or there has been a material representation by marketing
representatives. Under this provision an
enrollee must convince the Centers for Medicare and Medicaid Services (CMS) of
the material misrepresentation. I am
told that it is not the easiest task in the world.
Happy shopping. I have good news and bad news: There
is plenty of information out there!
Bob Mason
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MEDICARE PART D AND THE DONUT HOLE -Patricia Shevlin, MD
Medicare
D- like it or not - is the only way most retirees have to pay for medications.
To be fair, the plan has allowed many retirees access to medications they might
have done without because of cost. The flipside is that a new anxiety-
provoking situation has been added to their lives: the donut hole. Every day in
my practice I am told how close a patient is to the donut hole or how they're
trying to manage being in the donut hole. As this year's Medicare D
re-enrollment time is here, I thought I'd share my tips for managing expenses
under Medicare D.
- Switch to generic
alternatives or lower tier drugs in January to stretch those dollars. Do
this in conjunction with your physician so that the best choices are made
for the patient.
- Think about using Wal-Mart or
Kmart for the cheaper generics and plan to pay for them without using
Medicare D. This is especially helpful if the retiree is going to these
stores regularly anyway.
- To keep prescriptions at one
drugstore, tell the pharmacist not to process the generic prescriptions
through Medicare D and have the retiree pay for them out of pocket. The
Medicare dollars can be spent on the more expensive prescriptions
- As family members, we can
assist the retirees by offering to pay for the generic prescriptions or
some portion of them. With the holidays fast approaching, what better gift
can we give our older relatives than keeping the donut hole a little
farther away.
Patricia
A. Shevlin, MD
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WORRIED ABOUT IDENTITY THEFT?
-Rose deVries, Darby Bank & Trust Co.
Identity
theft is a serious and growing problem. Millions of identities -names, Social
Security numbers and credit card data - are being stolen. In 2005 the Federal Trade Commission (FTC) ranked North Carolina 21st in the country for identity theft victims.
Nationwide the
FTC's online database, the Consumer Sentinel, received 253,450 complaints (nearly
6,000 from North Carolina alone). Because
the Consumer Sentinel relies on voluntary consumer reporting, the FTC estimates
the problem is much bigger, perhaps as many as nine million per year.
In
response, Congress amended the Fair Credit Reporting Act to allow consumer
protections on credit reports. As a result, consumers can now place one of
three types of fraud alerts on their credit reports: 1) initial fraud alert, 2)
extended fraud alert or 3) active military duty alert.
Anyone
suspecting that they are or may become a victim of fraud can request an initial fraud alert. Once activated, the
initial fraud alert remains on a credit report for 90 days. The consumer
reporting agency must include the alert in the file and provide the alert with
any credit score generated. Under this protection, the reporting agency is not
required to call you for authorization on new loans or activity related to your
credit.
For actual identity theft victims, the extended fraud alert is available. This
more serious alert lasts for seven years and also requires the alert to be
provided with any credit score generated during that period. Also, creditors
are required to call or contact the consumer prior to authorizing new credit
accounts. Finally, the consumer must file an identity theft report with the
police.
Any active member of the service is eligible for the
third type of protection - active
military duty alert. This protection is good for 12 months and can be
renewed as necessary. It requires the reporting agency to include the alert
with any credit score generated. Potential creditors must then take reasonable
steps toward verifying a consumer's identity.
Thirty-nine states have taken action into their own
hands, allowing consumers to "freeze" credit reports.
A
credit freeze bars lenders and others from reviewing an individual's credit
history. Because few lenders will issue credit without first seeing a credit report,
fewer thieves are able to open fraudulent accounts. A thief may still have
access to your name, birthday and Social Security number - he just will not be
able to access your credit.
During
a freeze, credit bureaus assign a personal identification number to a consumer.
The PIN allows the consumer to lift the freeze when necessary. Depending
on the state, reporting agencies may charge a nominal fee - ranging from $3 to
$20 - for locking down or lifting your credit file freeze.
Georgia may be ranked ninth in
identity theft, but it has no legislation in place allowing consumers to freeze
their credit reports. Many feel this measure would give consumers control over
their personal information thus preventing a majority of new account fraud.
The
last three sessions of the Georgia General Assembly rejected freeze laws.
In the meantime, Atlanta-based Equifax is planning
to offer consumers a nationwide file freeze option. Further details have yet to
be disclosed.
While credit freezes may not be available, the
following steps will significantly reduce your chances of becoming a credit
theft victim.
- Be cautious when giving out personal information
- Protect your incoming and outgoing mail
- Pay attention to billing cycles
- Be smart about passwords and PINs
- Protect your computer
- Check your credit reports
- Shred documents with personal information
- Cancel unused credit card accounts
- Do not carry your Social Security card with you
- Don't leave a paper trail of receipts
Every 79 seconds, a thief steals someone's identity
and goes on a buying spree. On average, a single theft ends up costing the
victim $1,000 in out-of-pocket expenses and can cost businesses more than $10,000. Protect yourself. Save
your time and money - and keep your good name intact.
Rose de Vries, JD, is Vice President of Private Banking Services for Darby Bank & Trust Co. (offices in Vidalia, Lyons, Pooler and Savannah, Georgia). Rose is based in Darby's main Savannah office. You may email comments and questions to Rose by clicking HERE or by giving her a call at 912-944-2612.
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MORE ON CHANGES AND GAPS -Warren Coble
The Centers for Medicare and Medicaid Services has announced the 2008 Medicare changes, and once again confusion will reign with Part D and Advantage plans that CMS has dropped, added, or changed.
Unfortunately, there are still NO Part D plans that provide effective gap coverage except for generics. Costs on some plans have escalated greatly. You owe it to yourself (or your loved one) to check out your plan to see if it is still effective for you. It may not be.
Past issues of this newsletter have pointed to the pitfalls of Medicare Advantage Plans. (you can reach the Elder Law Update archives by clicking HERE). With those plans you must understand WHAT you are buying. Advantage plans, while considered a part of Medicare (Part C), operate differently from the rest of Medicare. Many of these plans are being marketed as "the same benefits as Medicare" without the premium required for supplements. While technically true in the sense these plans provide hospital, doctor, and nursing home coverage, the manner in which the payments are made varies greatly from both Original Medicare and between individual Advantage plans. Confusion remains rampant regarding coverage issues.
Generally, enrollment in Part D plans and Advantage plans are for an entire calendar year. Another limitation of Advantage plans is that the plan cannot be used to obtain medical services in a county where that particular plan is not offered.
Another important note: With Private Fee for Service plans (PFFS) the patient is responsible for determining at each visit if their provider is still accepting their particular plan. Providers are allowed to "pick and choose" who they will accept, and when they will accept a particular plan. Because of this, many consumers are at risk of having to change doctors, or having non-covered services.
Before enrolling or changing plans, understand the benefits and limitations. Counseling is available through the State Health Insurance Information Program in each State. In North Carolina, call 1-800-443-9354. In Georgia, call 1-800-669-8387. Information is also available on the SHIIP websites as well as the Official Medicare Website, WWW.MEDICARE.GOV. I am available for private consultation, if desired and can help individuals by phone and email as well as personal contact. Just send me an email!
Social Security expert Warren Coble welcomes your questions regarding Medicare,
Social Security and Senior Life in general! Email Warren by
clicking HERE. |
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The Usual Disclaimer: This newsletter is for general information only. Please do not rely on anything you read in this email as definitive legal advice applicable to you. All situations are different, including yours. Nothing you read in this newsletter is a suitable substitute for professional advice you may receive from your attorney, your accountant, or your tax advisor.
All contents copyrighted 2007 by Mason Law, PC. Contents may be republished with written permission of Mason Law, PC (which permission will usually be given!). |
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