Senior Health Care

Genes & Life Insurance – Brewing Controversy

Published on: September 9, 2013 | by Ettinger Law Firm

Life insurance is a common tool used by New Yorkers to protect loved ones in the event of an uncertain future. At other times it is a useful way to transfer assets to a new generation, often with significant tax benefits. While there are different types of life insurances (term, universal, whole), the basic idea is the same. An individual enters into a contract with the insurance company to send monthly payments (premiums) in exchange for a lump payment to the insured’s beneficiaries in the event of death.

Naturally, the amount that you have to pay in a monthly premium to receive a certain size of lump sum depends on different factors. The life insurance underwriting process is complex, but it usually seeks to evaluate one’s general risk of dying in a certain period. Age is huge factor. It will cost far less for a 20 year to purchase the same value insurance as a 75 year old.

Factors That Can Be Considered

Is There a New Way to Test for Dementia?

Published on: August 22, 2013 | by Ettinger Law Firm

It is a nightmare for many families. A senior shows signs of cognitive mental challenges–becomes forgetful and eventually is unable to live on their own. An adult child take control of the senior’s affairs in order to pay for bills and arrange for long-term care. But when the family member checks banks accounts they discover that the senior’s nest egg has been demolished. Tens of thousands of dollars have been funnelled out to strangers. The senior was the victim of financial exploitation, and now there is little money to pay for the long-term care that they need.

Believe it or not, this scenario occurs frequently. Dementia and Alzheimer’s are not rare diseases; they strike large portions of the population. Yet, because the signs build up only slowly, many family members do not realize the scope of their parent’s mental decline until far too late–after they hurt themselves in an accident or are financially decimated in a scam.

Because of the risks, elder law attorneys frequently remind residents to be proactive–checking up on loved ones frequently and putting legal documents in place to identify problems early on.

New York Nursing Homes & Poor Dental Care

Published on: August 5, 2013 | by Ettinger Law Firm

Most horror stories about poor nursing home care include tales of grotesque “bed sores,” broken bones gone undiagnosed, and similar cases of obvious caregiving lapses. But the best way to measure the quality of long-term care facilities may not be to see how many of these “big” mistakes are made. Instead, it might be more appropriate to look into resident’s mouths.

As a New York Times article discussed last week, there is a chronic problem of poor (and virtually non-existent) dental care provided at far too many nursing homes. A facility’s attention to dental care may be a key indicator of their overall commitment to proper support.

For one thing, many seniors do not have dental insurance. Medicare usually does not cover basic dental care. Medicaid might, but many have reported problems finding local dentists who accept Medicaid coverage. Without private insurance, many seniors simply go without regular cleanings and preventative care. Following a medical setback, dementia, or other challenge, many of these seniors land in nursing homes already in poor dental health.

Queens Nursing Home Facility Director Faces Criminal Neglect Charges

Published on: June 12, 2013 | by Ettinger Law Firm

It is no secret that most New Yorkers would prefer to “age in place” instead of moving into a nursing home. For one thing, having access to the comforts of one’s own home and the freedom to live as independently as possible is a natural goal. On top of that, however, are the myriad of horror stories that continue to pop up regarding mistreatment, neglect, and outright abuse that is sometime perpetrated at skilled nursing facilities. If you read enough of those harrowing accounts, it is easy to get the impression that these homes are no place to thrive in your golden years.

A new story coming out of Queens offers little relief. As reported this weekend in the NY Daily News, a former director of nursing at a Queens facility is now facing criminal charges for her conduct following a resident’s wandering from the facility.

Authorities explain how two weeks ago a 74-year old resident of the facility went missing. He was apparently not properly supervised and wandered out of the home without notice of the caregivers. The man has dementia, and obviously is at risk of serious harm while alone in the community. The senior has still not been found.

Is New York Ready For Boom in Old Age?

Published on: May 8, 2013 | by Ettinger Law Firm

The Post-Star recently published a story with the provocative headline: “Old Age is Coming, and We Are Not Ready.”

The article touches on some practical issues in New York state that have often been discussed in the wake of the national demographic shift that is already underway. As most know, the population is aging. But far fewer give serious consideration to what these means for those seniors (and society as a whole). The coming of old age has two main questions: (1) Do we have the appropriate quantity of services to provide the care necessary for all seniors in need in future years? (2) If not, how are we going to come up with the resources to acquire those services?

Minimal Senior Care Services

Audit Raises Questions About New York Medicaid Financial Situation

Published on: March 22, 2013 | by Ettinger Law Firm

Reuters published a story this week on the latest audit of the New York Medicaid system which has given leverage to those hoping to use financial worry to trim the system and the state budget overall.

We have previously discussed the audit by the Centers for Medicare and Medicaid Services which found that the federal government overpaid the state by billions of dollars in recent years. The actual audit is still not yet complete, but federal officials are set to conclude by the end of this month. It is only then that the full scope of the situation will be known and the effect considered. The story notes how the overpayment may ultimately wreck havoc on the state’s financial health just as some were hoping things were finally settling down.

All of this has placed a pall over the current work in Albany where legislators are working to approve the state’s next budget–around $140 billion.

New Database to Search New York Nursing Home Statistics

Published on: March 18, 2013 | by Ettinger Law Firm

Sunshine is often the best medicine–particularly when it comes to worries about quality of care and value of public services. When community members are able to easily find out information which explains how much services cost, error rates, and similar details, then efficiency and overall quality will likely improve. That is the idea behind a new “Sunshine Week” project that is being unrolled this week by state officials. As discussed in Business Journal story, the initiative is spearheaded by Governor Cuomo’s office in order to raise awareness of the value of open government.

The project is actually a series of unveilings, all focused on providing data in easily understood formats for residents. Conveniently, the data is all available of a new website: The New York Open Data Portal.

The goal is comprehensive, intending to provide a single location for community members to obtain information about virtually every area of government services, from county-based crime statistics to recommended fishing and river locations. Some aspects of the project may be valuable to area senior citizens and their families. For example, you can view a spreadsheet that lists the specific expenditures from the Office of Aging based on fiscal year and county.

Low Expectations for Federal Long-Term Care Commission

Published on: March 1, 2013 | by Ettinger Law Firm

Last year federal legislation was passed affecting elder care issues. In particular, the new law eliminated a floundering attempt to create a national long-term care insurance program. At the same time, the law also called for the creation of a commission to study issues of senior care financing, delivery, and workforce needs. Known as the “Long-Term Care Commission,” the general idea was that the diverse Commission would investigate the issues, create policy proposals, and submit the ideas to Congress to spur possible legislation.

The Status Update

Unfortunately, as a recent Forbes story shares, the Commission is still in dock and there are serious doubts as to whether it will be able to achieve its mission at all. The first issue is that the slate of 15 people to sit on the panel have yet to be decided upon. Apparently the White House has yet to make its three choices, and nothing can be done until the roster is actually complete.

New York Elder Abuse Caught on Tape in the Bronx

Published on: February 25, 2013 | by Ettinger Law Firm

The challenges of securing appropriate long-term care are often only understood at the exact moment when that care is needed. After a sudden medical emergency, accident, or other change in condition, many families discover that an elder loved one is in need of long-term help to get by each day. These families then face two difficult questIons: (1) How are we going to pay for it?; (2) How do we know that the quality of the caregivers is sufficient?

For one thing, the financing of long-term care can be secured in many different ways. A NY elder law attorney can explain what options are available in your specific case. Those options may involve insurance, the use of Medicaid Asset Protection trusts, or other unique strategies to save funds even when on the nursing home doorstep. There is no getting around the fact that elder care is quite expensive–startling so–but planning ahead with professionals can save significant sums.

But paying for care is only part of the battle. It is also critical that family members ensure their love ones actually receive the care they deserve, no matter what facility they enter. Sadly, without proper oversight, seniors may face severe neglect or outright abuse by those charged with their well being.

Elder Financial Exploitation: Prevention & Reporting Abuse

Published on: December 21, 2012 | by Ettinger Law Firm

Earlier this week we shared information on the new guide from ElderCare Locator. The brochure (available here) provides helpful tips for all New York families to ensure theft from seniors is stopped. As noted, the problem is widespread, affecting as many as one in ten elderly community members. Unfortunately, there is no easy way to tackle the problem. But it is also worthwhile to be reminded of the basics.

Prevention

Education is the key to stopping senior financial exploitation in its tracks. If all elderly community members are trained in the most common scams and keep a close eye on all financial details, then the chance of theft going unnoticed is drastically reduced. Beyond that, the best way to prevent abuse is by use of third-party support. For example, the AARP provides a wealth of information on various “money managers” who help seniors with day-to-day financial transactions. They may be particularly helpful for those who have just lost a partner. Often one partner in a relationship will handle more of the financial details, if that partner passes away, then the other is often placed in a difficult financial situation without the experience to keep things in order. To learn more about money managers take a look at the AARP website on the subject: www.aarpmmp.org