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Archive for the ‘Medicaid’ Category

Medicaid Offers Home Attendant Services For Eligible Individuals

Wednesday, February 1st, 2012

New Yorkers who have Medicaid and need home attendant services can have this type of care covered. Approval is granted when financial and medical criteria are met, and an individual submits an M11q form that his or her doctor has thoroughly completed. These services can offer substantial savings for an individual and their family, and helps to provide for daily care.

Personal care services, which are also called home attendant services, can greatly assist individuals affected by physical or mental impairments. Individuals who have excess resources or income can get the skilled advice of a New York Medicaid planning lawyer to access benefits and preserve assets. Once home care is authorized, an attendant can assist from 12 hours a week to around-the-clock care.

It is also important for people who have been denied benefits to have their case reviewed. An experienced Medicaid planning attorney can uphold an individual’s rights and ensure that the medical and financial information is complete when a hearing is needed to seek benefits the second time around. Hearings can also be expedited in certain circumstances.

Littman Krooks LLP counsels individuals and families on how to access Medicaid benefits and plan for comprehensive care and estate matters. Our New York City, White Plains and Fishkill Medicaid planning attorneys are well versed in state regulations, benefits, and asset protection. To learn more, visit http://www.littmankrooks.com/elder-law-medicaid-planning/.

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Federal Courts Rule Medicare Standards Too Strict

Monday, January 10th, 2011

Elderly Americans are facing overly strict standards when they apply for skilled nursing home care and home health care through Medicare, two federal courts recently decided.

The two courts, one in Pennsylvania and one in Vermont, ruled that the Obama administration’s standards were too strict and that some seniors have been unfairly denied home care.

The courts ruled against the government position that seniors are only entitled to home care if they can verify that their condition will improve because of it. They said that these rulings were a “failure to apply the correct legal standard”, and determined that seniors are entitled to Medicare coverage of home care if it will keep their condition from deteriorating or allow them to live life as they had been.

Before this ruling, elderly Americans with deteriorating conditions such as Alzheimer’s and Parkinson’s may have had trouble receiving Medicare for home care, as their conditions often do not allow them to improve.

The court cited past rulings that decided Medicare law should be interpreted to best favor beneficiaries. In response, 17 Democrats from the House of Representatives sent the Obama administration a letter arguing against its Medicare policies.

The government has not yet responded to the case.

If you or a loved one has been denied Medicare coverage of home care, contact an experienced elder law attorney for assistance.

To learn more about New York elder law, New York estate planning, visit http://www.elderlawnewyork.com

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A Closer Look at Spousal Refusal

Thursday, June 24th, 2010

New York is one of only three states in the U.S. that allows spousal refusal. Spousal refusal is a planning option that protects a couple’s assets and allows an incapacitated spouse to qualify for Medicaid. To be eligible for Medicaid in New York, an individual cannot have more than $13,800 in non-exempt property, which is often a problem for married couples.  However, there is an alternative way to qualify for Medicaid benefits – spousal refusal. Under New York law, the spouse who does not reside in the nursing home (known as the “community spouse”) is allowed to keep his or her assets if spousal refusal is exercised.

The community spouse can invoke spousal refusal by signing a statement refusing to contribute income or resources to the spouse who is residing in an institution and receiving medical care. If the community spouse chooses to do this, the Medicaid agency is then required to disregard the community spouse’s income or resources when determining the eligibility of the spouse in an institution. Doing so will allow the community spouse to continue supporting himself or herself without fear of impoverishment.

Spousal refusal can work for couples as a last minute planning option, and the spouse in need (the incapacitated spouse residing in the institution) can start receiving benefits almost immediately. However, this planning option is not without cost. The Medicaid agency can choose to commence proceedings and attempt to force the community spouse to support the spouse in the institution. The agency can also file a claim to receive reimbursement from the community spouse’s estate once he or she has passed away. These planning options should be discussed with your elder law attorney.

Bernard Krooks is a New York Elder Law and New York Estate Planning lawyer with offices in White Plains, Fishkill, and New York, New York. To learn more, visit Littmankrooks.com.

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Bernard A. Krooks to Speak on Financial Abuse of Seniors

Tuesday, June 15th, 2010

Bernard A. Krooks, Esq., managing partner of Littman Krooks LLP, will teach a seminar on “Fraud and Exploitation of the Elderly” at Pace Law School in New York City on June 16. The course is being conducted in recognition of World Elder Abuse Awareness Day on June 15. World Elder Abuse Awareness Day was established in 2006 to increase understanding of the problem of elder exploitation and neglect and to protect the dignity, rights and financial security of seniors.

The seminar will focus on the financial exploitation of seniors, in many cases committed by a close relative or other trusted person. Lessons from the Brooke Astor case will be used as illustration. In addition, recent changes to New York’s power of attorney law will be examined, some of which were designed to prevent elder financial abuse and to protect seniors from the mismanagement of their affairs by caregivers.

“This is a timely and socially significant topic,” explains Krooks. “The current economic climate is increasing the number of multi-generation households, as families seek to control living expenses. The temptation is there, and seniors, as well as concerned family members, need to be aware of steps to protect against abusive behavior that can result in both economic disaster and emotional scars.”

Bernard Krooks has been recognized as one of the “Best Lawyers in America” and as a “New York Super Lawyer.” He is the newly elected president of the Estate Planning Council of Westchester County, a former president of NAELA (National Academy of Elder Law Attorneys), and a past chair of the Elder Law Section of the New York State Bar Association.
Littman Krooks LLP offers legal services in several areas of law, including elder law, estate planning, veterans’ benefits, special needs planning, special education advocacy,  and corporate and securities.  The firm’s offices are located at 655 Third Avenue, New York, New York; 399 Knollwood Road, White Plains, New York; and 300 Westage Business Center Drive, Fishkill, New York.  For more information about Littman Krooks LLP, visit www.littmankrooks.com.

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