Medicaid Applications

Editorial on Presidential Medicaid Proposals

Published on: October 26, 2012 | by Ettinger Law Firm

In the back-and-forth of the presidential debates and the obviously skewed TV ads, it is hard for local seniors to make heads or tails of the different proposals that candidates have on the Medicare and Medicaid system. Millions of New Yorkers rely on the programs for their healthcare and long-term care needs. Nearly one in five New York seniors participates in the Medicaid program, as it funds 70% of all nursing home stays. It is natural for residents to be confused and downright worried about what changes may or may not be coming to the program.

Most concern focuses on potential changes that the challenger, Governor Mitt Romney, might make in the event that he is elected. Those concerns are likely amplified by Governor Romney’s choice of Congressman Paul Ryan as a running mate. Congressman Ryan previously focused much of his attention while in the U.S. House of Representatives on various sweeping financial changes, including alterations to the Medicare and Medicaid programs.

What are those possible changes and how will they affect local seniors? A recent editorial in City and State New York took a look at the Romney proposals and offered a critique of the long-term impact of the program proposals. It is critical to note that this particular editorial was crafted by a current Democratic Congressman who previously worked with President Obama. It remains important to collect as many perspectives as possible to get an idea of the real impact of these possible changes. However, the editorial does offer a helpful discussion of one perspective.

Understanding Changes to Medicaid Home Care in New York

Published on: October 23, 2012 | by Ettinger Law Firm

A helpful editorial from Staten Island Live discussed a few important issues related to New York elder law of importance to local residents. Specifically, the story examined some practical and procedural changes to the home care options available for those utilizing the New York Medicaid system. These at-home services are multi-faceted, and it is easy to get confused about how it all works. For one thing, there are various components, including Managed Long Term Care (MLTC), Home Attendant/Housekeeping and Consumer-Director Personal Assistance Program Attendance (CDPAP) .

Helping local residents qualify for these programs while protecting their assets and receiving the help they need is a critical part of the work that the attorneys at our firm do.

The story explains an informational meeting held by an inter-agency countil for aging on the changes to Medicaid, in particular “the privatization of Medicaid home care in New York state due to Medicaid redesign.” As with most Medicaid changes, the alterations are intended to save money. Certain layers of beauracracy have been cut and different fixed payment systems putt in place in the hopes of controlling costs. In addition, details about who will provide the at-home service has changed. Instead of working with a government agency in most cases those in need of help will work with private companies who provide the necessary flexible care options.

New York Now on Presidential Medicaid Proposals

Published on: October 3, 2012 | by Ettinger Law Firm

Nearly 1 in 5 Americans participate in the Medicaid program. New York state has a higher participation rate than the national average and the largest total expenditures on the program in the country. It is simply undeniable that millions upon millions of Americans–from children to the elderly–depend upon this program.

That is why many are paying close attention to what the current Presidential candidates are saying about what they’d like to do with Medicaid in the future. Unfortunately, in the jumble of political slants and spin, it is difficult to get honest answers about what each candidate (and party) truly believes is the best step forward.

The Proposals

Man Tries to Kill Senior Girlfriend in Nursing Home for Financial Reasons

Published on: September 25, 2012 | by Ettinger Law Firm

It is perhaps every senior’s worst nightmare: a dispute over their finances influences the care they receive in their later years. It seems self-evident that nothing should get in the way of making medical and caregiving decisions based on maximizing a senior’s quality of life–not maximizing an inheritance for others once a senior passes on. Unfortunately, case after case demonstrates that some elderly community members suffer in their later years unnecessarily for financial reasons–not because they cannot afford proper care but because other want their money.

This confluence of elder law and estate planning was perhaps most vividly illustrated by a case discussed this week in SF Gate.

According to the story, a 63-year old woman was staying at a local care center because she was not able to care for herself at home. The details of her family situation are not known, however, she had been dating a 67-year old man for the past three years. Unfortunately, the boyfriend appears to have been motivated in the relationship mostly by the way that it could benefit him financially.

New AARP Report on New York Long-Term Care

Published on: September 20, 2012 | by Ettinger Law Firm

The AARP recently issued its 18th annual report on long-term care services across the country. Entitled Across the States 2012: Profiles of Long-Term Services and Supports outlines the type of care being received by seniors and those with disabilities. It is a helpful roadmap to understand the current lay of the land with elder care and where we might be headed in the future. It offers both nationwide stats as well as New York specific information. The complete report can be found here.

New York Elder Care

Not unexpectedly, the report explains how the #1 provider of support services for seniors are unpaid family members. The care provided by family accounts for four times the care provided by Medicaid and seven times the care provided by private payments. With a growing number of seniors–particularly seniors in their 70s and 80s–the reliance on support from family and friends will no doubt remain important.

Proposed New York Medicaid “Personal Care” Cuts Halted By Court

Published on: September 13, 2012 | by Ettinger Law Firm

Not long ago a few residents received some disturbing news–the New York Medicaid support that they counted on to survive was being cut back. Many of these community members had severe disabilities, needing help with every aspect of their life, from dressing and bathing to eating and traveling. Many seniors and those with disabilities receive help from at-home care workers around the clock so that they are able function in the least invasive setting possible despite their challenges.

Yet, in an apparent effort to recoup funds given back to federal officials following an overbilling case that settled in November, the New York City Human Resources Administration decided to alter the way some personal care was provided to residents. In particular “split-shift” at home care was curtailed. This care is provided to those who need help 24 hours a day, with two different care workers each taking a 12 hours shift. In it’s place, the city wanted to provide just a single care worker who lived with the Medicaid recipient.

New York City Medicaid Lawsuit

The Presidential Election & The Medicaid Program

Published on: August 15, 2012 | by Ettinger Law Firm

The big news in the world of politics last week was presumptive Republican Presidential nominee Mitt Romney’s choice of Representative Paul Ryan as his running mate. This decision spurred the expected political posturing on both sides, attempting to define what the choice means for various issues. However, almost all agree that the selection of Ryan as nominee will put the Medicaid program in the crosshairs. The New York elder law attorneys at our firm appreciate that many senior residents may be understandably jittery about discussions regarding the state of the Medicaid program.

No matter what one’s political convictions, it is important for local residents to follow the debates closely to understand what changes may or may not be coming to the Medicaid program depending on who is elected in November.

A recent CNN story offers a helpful look at the way that Medicaid perspectives differ between the candidates. Most importantly, the story notes that VP nominee Ryan has been a leader in calls for changes to various federal programs, including Medicaid. Specifically, Representative Ryan suggested in a budget proposal released earlier this year that Medicaid be turned into a “block grant” program.

Massive Medicaid Fraud and Texas’ O.I.G Dollar Recovery Strategy

Published on: July 31, 2012 | by Ettinger Law Firm

Medicaid and Medicare frauds have been weighing heavily on states’ financial resources in the past years and New York is not an exception.

In the midst of solutions to this inter-state problem, eyes are focused on the Office of Inspector General at Health and Human Services Commission (O.I.G) – charged with investigating fraud among health care providers in Texas- who has revolutionized its method of dealing with frauds. Our New York Medcaid attorneys are intimately familiar with the important role the program plays in the lives of so many local residents.

The O.I.G’s strategy: A Fair Solution to Medicaid Fraud?

Is PACE Program Future of Senior Health Care?

Published on: July 6, 2012 | by Ettinger Law Firm

CBS News recently reported on glowing praise for a relatively small program seeking to help seniors live independently. Known as the Program of All-Inclusive Care for the Elderly (PACE), the program is being credited with helping many on New York Medicaid avoid being forced to move into nursing homes. For example, one New Yorker interviewed for the story is a 65-year old woman who faces a series of health challenges. Her osteoporosis has left her wheelchair bound, as she can only walk in small doses. Like many, the woman faced serious financial setbacks and is currently unemployed. With a history of chronic depression, the woman admitted that if she was forced to move into a nursing home, she doubts she would survive.

Yet, so far, she has been able to avoid the nursing home as a result of PACE. The program allows this woman, any other seniors is similar situations, to live at home and receive support from area day care center. Seniors can visit the center for various services, from coordinated medical care, social work support, and various activities, like yoga.

Our New York elder care attorneys appreciate the immense value of this program which allows more seniors to age in place.

New York City Nursing Homes Struggling with Pressure Sores

Published on: June 11, 2012 | by Ettinger Law Firm

New York elder law planning seeks to ensure that residents will have access to the care they need as they age. Many in need of skilled day-to-day assistance end up moving into traditional nursing homes. These facilities provide the most hands-on monitoring outside of the hospital. Many seniors participating in the New York Medicaid program are admitted to these facilities

However, it is important to do your homework when deciding on the best possible nursing home for you or your loved one. Not all facilities are created alike. Unfortunately, in many ways New York City has a wealth of homes that fall below national averages on many proper care variables.

Pressure Sores