Estate Planning When You Live in Two States
Some lucky retirees split their time between two different states. Legally, you do not need separate estate planning documents for each state, but it may make sense from a practical perspective. The Constitution of the United States requires that states give “full...
How to Assist Aging Parents During the Pandemic
If your parents are getting on in years, you may be helping them with their finances and other matters, such as medical visits and shopping. You may live close by and be able to visit weekly or more often. Or you may live far away and were visiting every few months...
Court Rules That Some Medicare Patients Under Observation Status Have a Right to Appeal
A U.S. district court rules that Medicare beneficiaries who are admitted as inpatients, but whose status is changed to observation have a due process right to appeal the decision, but Medicare beneficiaries who are admitted under observation status, do not have right...
Medicare is Expanding Telehealth Services During Coronavirus Pandemic
As part of its response to the coronavirus pandemic, the federal government is broadly expanding coverage of Medicare telehealth services to beneficiaries and relaxing HIPAA enforcement. This will give doctors the ability to provide more services to patients remotely....
POMS Update Clarifies That ABLE Money Can Pay for Food
The Social Security Administration (SSA) has issued a transmittal updating its Program Operations Manual System (POMS) to clarify existing policy for ABLE accounts. Most noteworthy among the changes and clarifications is that the SSA expressly states that food paid...
States Ask That Student Loans of Those with Disabilities Be Automatically Forgiven
The federal government has determined that tens of thousands of people with disabilities are eligible to have their student loan debt discharged, but due to the burdensome process involved, only a fraction of these borrowers have had their debts erased. Student loan...
What Can You Do to Protect Your Loved One in a Nursing Home During the Pandemic?
As the coronavirus spreads across the United States, nursing home residents are among the most vulnerable to the disease. How to try to ensure that your loved one stays healthy? The first thing you can do is research the nursing home. While you likely made inquiries...
CMS Waives 3-Day Hospital Stay Rule for SNF Transfers Required for National Emergency
On the heels of the declaration of a national emergency, the Centers for Medicare & Medicaid Services (CMS) is waiving the requirement that Medicare beneficiaries must spend at least three days in a hospital before qualifying for coverage in a skilled nursing...
Medicare and Medicaid Will Cover Coronavirus Testing
With coronavirus dominating news coverage and creating alarm, it is important to know that Medicare and Medicaid will cover tests for the virus. The department of Health and Human Services has designated the test for the new strain of coronavirus (officially called...
Service Dogs Only: Feds Propose Strict New Rules for People Flying with Animals
Written By: Andy Jones The U.S. Department of Transportation (DOT) is proposing regulations that would allow airlines to impose new restrictions on people with disabilities seeking to fly with service animals. The planned rules would also end legal protections for...
Estate Planning Is Essential for Unmarried Couples
While estate planning is important for married couples, it is arguably even more necessary for couples that live together without getting married. Without an estate plan unmarried couples won’t be able to make end-of-life decisions or inherit from each other. Estate...
Make Sure Your Power of Attorney Complies with Federal Privacy Law
A power of attorney (POA) and a health care proxy are two of the most important estate planning documents you can have, but in some instances they may be useless if they don't comply with the federal privacy law. A POA allows someone you designate (your "agent" or...
New Medicare Payment Method Causing Cuts to Home Health Care Services
A new payment method for Medicare providers is making it harder for some home health care patients to receive physical, occupational, or speech therapy. Under the new system, providers are refusing to cover some therapy services. On January 1, 2020, the federal...
Is There Anything We Can Do if a Hospital Wants to Discharge My Father to a Nursing Home Instead of to an Inpatient Rehab Facility?
This is a difficult and not unusual situation. The Medicare payment structure provides incentives for hospitals to discharge patients as soon as safely possible. The hospitals then put pressure on patients and their families to accept discharges to places that may not...
Federal Law on Medicaid Continuation After Disabled Adult Child Eligibility
Click here for the federal statute and the SSA POMS providing that Medicaid eligibility should continue for an SSI recipient who loses eligibility as a result of increased monthly income due to eligibility for Disabled Adult Child benefits. The document is courtesy...