By April 1, 2013, a new Disabilities License Plate/Placard Unit, which will handle  and process all permanent placard and plate requests, will be operating in Springfield.

The passage of House Bill (PA 97-0845), creates a new two-tiered parking program for persons with disabilities, allowing for only persons with certain types of disabilities, to qualify for meter-exempt parking in cities and municipalities.

* In addition to the current blue (permanent) and red (temporary) disabled parking placards currently used in Illinois, a third placard, distinctive from the blue and red placards, will be introduced for those persons qualifying for meter-exempt parking.

* Beginning in April 2013, the Secretary of State will start the recertification process for all current applicants by mailing information to them along with a new certification form.

* The recertification form will have a new section for the physician to execute, indicating whether the applicant has a disability that would qualify them for meter exempt parking.

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Types of Disabilities That Will Qualify an Applicant For Meter Exempt Parking

*  Patient cannot manage, manipulate or insert coins, or obtain tickets or tokens in parking meters  

 or ticket machines in parking lots due to the lack of fine motor control of BOTH hands.

*  Patient cannot reach above his/her head to a height of 42 inches from the ground due to a lack of finger, hand or upper-extremity strength or mobility.

*  Patient cannot approach a parking meter due to his/her use of a wheelchair or other device for mobility.

*  Patient cannot walk more than 20 feet due to an orthopedic, neurological, cardiovascular or lung condition in which the degree of debilitation is so severe that it almost completely impedes the ability to walk.

Please note: Economic need will not be a consideration to qualify for meter-exempt parking.

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* ALL applicants will need to visit their physician and have the recertification form competed.

* Upon receipt of the executed form, the Secretary of State's Office will issue a new disabled parking placard to the applicant. If the person has a permanent disability that qualifies for meter-exempt parking, they will be issued the new color placard. If the person has a permanent disability that does not qualify for meter-exempt parking, they will be issued a  new blue disabled parking placard.

*  The placards will be valid through 2018, and expire on the applicant's birthday.

* Qualification for the red (temporary disability) placard and the green (organizational) placards will remain the same; however, they will not qualify for "meter-exempt parking."

*  Persons with any type of disabled parking placard will still be allowed to park in designated disabled parking spaces at malls, as well as grocery and retail stores where no parking meters are present.

If you choose to write your own will, you run the risk of not having your estate distributed the way you want, as a recent case illustrates.

After breaking his pelvis in November, Mr. C. spent four days at a local hospital before   being transferred to a nursing home for three weeks of rehabilitation. Medicare covers such nursing home stays entirely for the first 20 days, but only if the patient was first admitted to a hospital as an inpatient for at least three days. It turned out that, unbeknownst to him, Mr. C. had spent his four days in the hospital merely under "observation" without actually being admitted. This meant that he was entirely responsible for his subsequent nursing home bill.

More and more Medicare recipients are getting hit with this sort of sticker shock. In part due to pressure from Medicare to reduce costly inpatient stays, hospitals are increasingly not admitting patients but rather placing them on observation to determine whether they should be admitted - often for the duration of their hospital stay. The consequence is that, if the patient moves to a nursing home after being "released," the patient must pick up the tab for the nursing home stay -- Medicare will pay none of it. The bills can run between $200 and $500 a day.

Under Sen. Schumer's Improving Access to Medicare Coverage Act, which is being co-sponsored by Sen. Sherrod Brown (D-Ohio), "observation" stays will be counted toward the three-day mandatory inpatient stay for Medicare to cover rehabilitation post-hospital rehabilitation. "If you are holed up in a hospital bed for days on end, it shouldn't matter what your billing status is, and this plan will save . . . seniors thousands," Sen. Schumer said. Similar bills were introduced in 2011 by then Sen. John Kerry (D-MA) and Rep. Joe Courtney (D-CT), but the bills went nowhere. 

The above mentioned gentleman was stunned when hospital officials told him Medicare would not pay for rehab. "What do you mean it can't be paid?" his wife asked. The family doubt they will be reimbursed the $16,000 spent on rehab. "We are battling this now because it is so unfair and so unreasonable," "We are battling this for other people."

click here to learn more from Medicare

This is such an important topic that the President of the Illinois Medical Society, William N. Werner, MD, recently addressed this topic!

click here to read the President's Message.

While Medicare gets most of the news coverage, Medicaid still remains a bit of  a mystery to  many people. The fact is that Medicaid is the largest source for funding nursing home care, but there are many myths about exactly who qualifies for it and what coverage it provides.

Fact:  To qualify, you must enter a Medicare-approved "skilled nursing facility" or nursing home within 30 days of a hospital stay that lasted at least three days. The care in the nursing home must be for the same condition as the hospital stay. 

click here for more information.

I need to be broke to qualify for Medicaid.

Fact:

While in general a Medicaid applicant can have no more than $2,000 in assets in order to qualify, this figure is higher in some states and there are many assets that don't count toward this limit. For example, the applicant's home will not be considered a countable asset for eligibility purposes to the extent the equity in the home is less than $536,000, with the states having the option of raising this limit to $802,000 (in 2013). In all states, the house may be kept with no equity limit if the Medicaid applicant's spouse or another dependent relative lives there. In addition, the spouse of a nursing home resident may keep some of the couple's joint assets.   

Myth:

To qualify for Medicaid, you should transfer your money to your children.

Fact:

Medicaid law imposes a penalty on people who transfer assets without receiving fair value in return. This penalty is a period of time during which the person transferring the assets will be ineligible for Medicaid, and the length of the penalty period is determined, in part, by the amount of money transferred. The state will look at all transfers made within five years before the application for Medicaid. That doesn't mean that you can't transfer assets at all -- there are exceptions.   

Myth:

A prenuptial agreement will protect my assets from being counted if my spouse needs Medicaid.

Fact:

Myth:

Fact:

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Obviously, Medicaid is a very important, but confusing program. Now, more than ever before, it is vital to consult with an elder law attorney who has experience with the program. The attorneys at Dutton & Casey have more than 55 years of combined legal experience with all aspects of Medicaid, including planning, applications, and denials. 

 click here to read an article written by Attorney Janna Dutton.

Legal Planning When Living with a Chronic Medical Condition: Huntington's Disease

Presenter: Janna Dutton, JD

Date: Saturday, March 9, 2013

Location: Northbrook Hilton Hotel, 2855 Milwaukee Ave, Northbrook, IL

This presentation is part of the annual conference of the Huntington's Disease Society of America, Illinois Chapter.

Registration: There is no charge to attend. However, advanced registration is required. For more information, please go to their website.

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TRUSTS: What They Are, How They Work, and How They May Help You or Someone You Care About

A trust is a legal arrangement through which one person (or an institution, such as a bank or law firm), called a "trustee," holds legal title to property for another person, called a "beneficiary." There are different types of trusts (revocable, irrevocable, testamentary, and special needs), and each type of trust serves a different purpose. Katie's presentation style and vast knowledge on this subject make her the perfect person to speak on this important topic.

Session 1:

Presenter: Janna Dutton, JD

Session 2: 

Presenter: Kathryn C. Casey, JD

Date: Tuesday, March 26, 2013

Time: 9:00 AM - 10:30 AM

Location: Kenneth Young Center, 1001 Rohlwing Road, Elk Grove Village, Illinois

Registration: There is no charge to attend this program. However, advanced registration is required. click here to register.

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Understanding Key Legal Issues for Family Caregivers

This session will attempt to answer legal questions common to all family caregivers in the hope of assisting you avoid legal pitfalls. Questions to be covered are: "What are the duties and authorities under a Power of Attorney for Property, Power of Attorney for Healthcare, Living Trust or Living Will?"; "What options are available in planning and paying for long-term care?"; "How can family caregivers utilize Medicare, Medicaid, long-term care insurance and personal care contracts to maximize another's quality of life?"

Presenter: Janna Dutton, JD

Date: Monday, April 22, 2013

Time: 8:30 A.M. - 3:00 P.M.

Janna's session is part of the event, "A Systematic Approach to Building Your Caregiver Network", being sponsored by Midwest Palliative & Hospice Care Center, Elderwerks, and Northshore Senior Center.

Location: Midwest Palliative and Hospice Care Center, 2050 Claire Court, Glenview, Illinois

Registration: There is no charge to attend. However, advanced registration is required.Click here to register.

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Navigating Legal Issues for Family Caregivers

This session will attempt to answer legal questions common to all family caregivers in the hope of assisting you avoid legal pitfalls. Questions to be covered are: "What are the duties and authorities under a Power of Attorney for Property, Power of Attorney for Healthcare, Living Trust or Living Will?"; "What options are available in planning and paying for long-term care?"; "How can family caregivers utilize Medicare, Medicaid, long-term care insurance and personal care contracts to maximize another's quality of life?"

Presenters: Janna Dutton, JD, and Rebecca Lerfelt, LCSW, Assistant Director of PLOWS Council on Aging.

Date: Saturday, April 27, 2013

Time: 10:00 A.M. - Noon

Location: Orland Park Public Library, 14921 Ravina Ave., Orland Park, Illinois

Registration: There is no charge to attend this program. However, advanced registration is required. Please call PLOWS Council on Aging at 708-361-0219 or click here.

Legal Ability Planning - How To Prepare for and Prosper in Adulthood

Adequate legal planning for living with a disability, whether your own or your loved one's, involves more than writing a will.  It requires legal documents designed for living.  Attend this session, led by an attorney practicing disability and elder law, as she discusses important topics, including health care planning and coverage, financial and health care surrogate decision-making, long term care, and other important planning tools designed to protect your physical, mental, and financial health, or that of someone you care about, during life.

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Taking Control of Your Future: Strategies for Avoiding Legal Pitfalls

Adequate legal planning for older age involves more than writing a will. This session will address important topics which can impact your physical, mental and financial health. Doing some simple advance preparation now can help you avoid legal pitfalls down the road.

Presenter: Janna Dutton, JD

Date: Wednesday. May 29, 2013

Time: 6:30 PM - 7:30 PM

Location: Terrace Gardens Assisted Living, 8415 Waukegan Rd, Morton Grove, IL 60053

This session is part of a 6 week series, "Resources for Navigating Life Transitions: Your Personal GPS," being sponsored by Elderwerks, Terrace Gardens, Right at Home, and Dutton & Casey. Click here for a flyer regarding the series.  

There is no charge to attend this, or any session. However, advanced registration is required. Click here to register. 

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     CLICK HERE FOR A FULL LISTING OF OUR UPCOMING

PROGRAMS FOR THE COMMUNITY.  

     

This training, offered through the National Resource Center on LGBT Aging, and sponsored by Dutton & Casey, the Senior and Community Resource Center at St. Alexius Medical Center, Center on Halsted, and Elderwerks, will provide you with information and resources to best serve LGBT older adults and address the unique challenges faced by this community. The training will include group discussion, interactive small group activities and break-out sessions.

Presenter: Britta Larson, M. NH, Senior Services Director at the Center on Halsted

Dates: Monday, April 22, 2013 or Monday, September 23, 2013

Registration: 8:00 AM - 8:30 AM

Presentation: 8:30 AM - 12:30 PM

Location: St. Alexius Medical Center, 1555 Barrington Road, Hoffman Estates, Illinois

Continuing Education: This program will award 4.0 clock hours to Illinois Social Workers, Professional Counselors, and Nurses.

CLICK HERE FOR A FULL LISTING OF OUR UPCOMING

PROFESSIONAL EDUCATION PROGRAMS.

click here to learn more about our attorneys.