"Improved
Pension" May Help Some Veterans Pay Assisted Living Bills
Written
By: Attorney
Kathy
A. Kron
Assisted
living facilities and personal care homes are an alternative living
arrangement for those individuals who need some help with their activities
of daily life, but who do not need to be in a skilled nursing home.
People who live in these facilities often need some assistance with
things such as medications, or cooking, but in general, are able to do
most things independently.
Individuals
who need to live in an assisted living environment are often faced with
the problem of paying for their stay.
Although there is some legislation pending in Pennsylvania that
would allow government funds to pay for this level of care, as of now,
Medical Assistance and Medicare will generally not pay for assisted
living. Unfortunately, this means that assisted living is not an available
option for seniors who are unable to pay for it out of their pocket.
Some of these seniors end up in much more expensive skilled nursing
facilities where they can qualify for Medicaid.
Veterans
may have an additional payment option. They may be able to supplement the
income available to pay for assisted living through what the VA calls an
"Improved Pension."
Here
is how it works. For veterans
who qualify, the cost of assisted living facility care may be considered
to be a non-reimbursed medical expense.
If a veteran's income minus non-reimbursed medical expenses
equals an amount lower than the veteran's improved pension level, the VA
will pay the veteran an amount sufficient to bring the veteran up to that
income level. This additional
income is available to pay the cost of assisted living.
The
veteran's improved pension is based on many factors including whether
the individual is married, has dependent children, and needs the aid and
attendance of another person. In
2004, the monthly amounts can range from about $800 to $1,600 per month.
The veteran does not need to have a service-connected disability.
This benefit is based on financial need and is available to veterans who
have disabilities that are not connected to their service.
Eligibility
for Improved Pension is not limited to those who reside in an assisted
living facility. If you have
low income, or a good income but high un-reimbursed medical expenses,
contact your local County Director of Veterans Affairs (http://sites.state.pa.us/PA_Exec/Military_Affairs/Va.county.htm)
to see if you qualify. More
information regarding Veterans benefits is available on our website at www.paelderlaw.com.
Attorney
Kron can be reached at kkron@paelderlaw.com
or at 1-800-401-4552.
States
Help Citizens Import Prescription Drugs
Written
By: Attorney Jeffrey A. Marshall, CELA*
A
number of states are beginning to provide consumers with assistance in
obtaining less expensive prescription drugs from Canadian pharmacies.
The information provided by these states is available to readers of
the Elder
Care Law Alert at the
state website links noted below.
Minnesota
was the first state to launch a
website with links to Canadian pharmacies.
To learn how the state of
Minnesota
is trying to help its citizens deal
with the runaway cost of prescriptions, go to www.state.mn.us
and click on RX Minnesota connect. The
Minnesota
website includes information
about cost-saving strategies, including obtaining prescriptions from
Canada
.
It has links to participating Canadian pharmacies and forms for
ordering prescriptions.
The Minnesota
site notes that the U.S. Food and Drug Administration (FDA) maintains that
re-importing prescription drugs originally manufactured in the U.S. is a
violation of the Food Drug and Cosmetic Act and importing medications made
in other countries is also a violation of the Act if the medicine is not
approved by the FDA or if it does not meet all FDA approval requirements.
However,
Minnesota
's website also notes that
"to our knowledge, the
U.S.
government has not stopped
individual
U.S.
residents from buying small
amounts of prescription drugs for their own personal use, or that of a
family member, and the FDA has made statements to the media that they do
not plan to interfere with such small individual purchases."
Several
other states have followed
Minnesota
's lead in providing consumers
with information on getting drugs from
Canada
.
These states include
Wisconsin
(www.wisconsin.gov)
and
North Dakota
(http://discovernd.com/prescription-drug.html).
State defiance of the FDA, combined with the failure of Medicare
discount drug cards to provide meaningful drug savings to seniors may add
pressure on Congress to directly authorize re-importation of drugs from
Canada
.
Legislation has been introduced and Secretary of Health of Human
Services Tommy Thompson has said he would advise President Bush to cease
the Administration's opposition to legislation that would allow seniors
to purchase their drugs more economically from
Canada
.
The
pharmaceutical industry and Bush Administration officials have argued that
legalizing re-importation could lead to safety and counterfeiting
concerns. The pharmaceutical industry also argues that legalizing the
purchase of drugs from
Canada
will cut industry profits and thus
stifle research and development of new medicines.
Nevertheless,
it's an election year and our Congressional representatives want to
please senior voters. Legislation
has been introduced to legalize the re-importation of drugs from Canadian
pharmacies. However, some
members of Congress may try to "hijack" this legislation.
They have suggested that new laws could be enacted that would
actually protect the pharmaceutical industry from cost-competition from
re-imported drugs. They hope
to "level the playing field" by including provisions that make drugs
from foreign pharmacies more expensive for American consumers.
Time will tell
whether voters are gullible enough to accept a re-importation wolf in
sheep's clothing. In the
meantime, many seniors will continue to struggle to meet their
prescription needs.
In addition to
the state website links noted above, Marshall & Associates website has
information on re-importation,
ways to save on prescription
drugs and drug
savings for low income beneficiaries.
Attorney
Marshall can be reached at webmail@paelderlaw.com
or at 1-800-401-4552.
Does
Your Club Or Organization Need A Speaker?
If
you are interested in having an attorney or geriatric planning specialist
from
The
Elder Law Firm of Marshall & Associates speak to your group, or at an
upcoming event, please contact
our
Public
Ed
ucation
Coordinator, Melissa Bottorf
at
mbottorf@paelderlaw.com
or 1-800-401-4552
Community
Choice Initiative to be Statewide by June 2005
Written
By: Attorney Jeffrey A.
Marshall, CELA*
When
seniors need long term care they don't want to have to move to a nursing
home - they want to remain in their own homes and get the help they need
there. They want to be with
their families, they want independence, they want choice, they want
control, and they want dignity. However, our long term care system has
long been structured to provide public financial support much more readily
if they go to a nursing home.
The idea
underlying the community choice initiative is to make home care a more
viable option by breaking down barriers in the application/qualification
process for the PDA 60+ waiver program.
The waiver program can pay for care needed to keep a senior at home
instead of in a nursing facility. In
the past, home care under the waiver program was an unrealistic option for
many individuals in need of immediate care since the application process
was complicated and slow moving. Applicants who couldn't wait for months
to receive care would need to seek admission to a nursing facility.
Potential applicants who were hospitalized would be discharged to a
nursing facility rather than home, because of the delays in obtaining home
care.
Under the
Community Choice initiative, the intake and enrollment processes have been
revised and streamlined so that an individual's assessment for home and
community-based services is initiated within 24-hours and services start
within 48 hours of their scheduled discharge from a hospital or nursing
facility. The applicant will be able to self-declare income.
The assessment will be just a five page eligibility assessment and
the MA 51 will be replaced by a doctor's prescription - the physician
will merely need to write a script that says that the patient is eligible
for nursing facility services. The collaboration between the Department of
Aging and Department of Public Welfare has improved and is helping to push
along the initiative.
Community
choice will provide hospital discharge planners with a realistic home care
alternative to nursing facility placement for many patients who are
nursing facility eligible but who can appropriately receive the needed
care at home with the help of waiver services.
It has the potential to dramatically increase the number of persons
receiving care in the home rather than nursing facility.
The
Community Choice Initiative pilot began in Washington, Greene and Fayette
counties on
October 31st 2003
, and was expanded to
Philadelphia
in January.
It is expected to available statewide by June 2005.
Attorney
Marshall can be reached at webmail@paelderlaw.com
or at 1-800-401-4552.
Attorney
Marshall Named
Pennsylvania
"Super
Lawyer"
Jeffrey
Marshall, managing attorney of the Elder Law Firm of Marshall &
Associates has been named a Pennsylvania Super Lawyer.
Super lawyers are chosen by their peers as being among the best in
the profession.
The
Pennsylvania Super Lawyer selections, which are published in the June 2004
issue of Law and Politics Magazine,
were based on nominations from more than 34,000
Pennsylvania
attorneys who were asked to vote
for the best lawyers they had personally observed in action. The top
candidates in each category were then subjected to an attorney-led blue
ribbon panel review before final selection.
Fewer than 5% of
Pennsylvania
lawyers were selected for the award.
"It is
rewarding to know that other lawyers think highly of your work,"
commented Attorney Marshall. "This
is more than an individual honor. It
really validates the overall quality of the services provided by all of
our firm's lawyers, social workers, nurses, and paralegals."
For
more information about Super Lawyers, contact Melissa Bottorf at mbottorf@paelderlaw.com
or at 1-800-401-4552.
"Paying
for Long Term Care" Presentations Set in Lewisburg and
Williamsport
G
etting good information about options for long term care is critically
important for seniors. Four out of every ten people reaching age 65 will
spend some time in a nursing home and many more will require home care and
assistance with daily living.
The
Elder Law Firm of Marshall & Associates is known throughout
Pennsylvania
for the expert help we provide
seniors who are faced with long term care needs. We help families
struggling to care for their loved one at home find the programs and
financial help they need.
If
nursing home placement becomes necessary, we work with the facility to
help make the transition go as smoothly as possible. We make certain that
the nursing facility gets paid in a timely manner while helping the family
qualify for government programs that help pay the costs.
Marshall
& Associates occasionally holds free educational forums to help
educate families about the options that are available to pay for long term
care in the home or a nursing home. Join
us for one of these free presentations and learn what you need to know
about how to get the help you need and protect your family's financial
security when your spouse or parent is faced with a long term illness.
Each
presentation is FREE and open to seniors, their families, elder care
professionals, and anyone else who needs to learn more about this complex
subject. Each presentation
lasts about 1 ½ hours, including a "Question & Answer" Session.
-
Tuesday,
June 29th, 2004
at
6:30
PM
Evangelical
Community
Health
Center
Rte
15,
Staples
Plaza
in
Lewisburg
-or-
-
Wednesday,
June 30th, 2004
at
6:30
PM
The
Lycoming Mall Community Room
in
Pennsdale
Reservations
are suggested, but not required. SIGN
UP ONLINE
or call 1-800-401-4552 for more information or to reserve your spot for
one of these free seminars!
Back
issues of The
Elder Care Law Alerts
are available on our website.
You
can even search our site by a keyword
or phrase!
Do
you have a friend or colleague who would enjoy reading the
Elder Care Law Alert? If
so, please feel free to forward it to them. Simply use the "Forward"
button on your e-mail program.
To
subscribe or unsubscribe to the Elder Care Law Alert,
simply
send your request to:
webmail@paelderlaw.com
*Attorney
Marshall
is
certified as an Elder Law Attorney by the National Elder Law Foundation
under authorization from the Pennsylvania Supreme Court
© 2000-2005
Marshall & Associates www.paelderlaw.com
