Florida
Supreme
Court Rules in Terri Schiavo Case
Written
By: Attorney
Jeffrey A. Marshall
, CELA*
The
Supreme Court of Florida has held that a law passed by the Florida
Legislature regarding Terri Schiavo is unconstitutional. The law
authorized Florida Governor Jeb Bush to order the re-insertion of a
feeding tube. The decision
was unanimous.
Terri Schiavo suffered brain damage in 1990 and
relies on a feeding tube to live. She
had no advance health care directive.
A number of medical experts declared that she is in a persistent
vegetative state with no hope of recovery.
For years, her husband sought the removal of the
feeding tube, arguing that she would not want to be kept "alive" in
this way. Terri's parents fought the removal arguing that they thought
their daughter could someday regain some of her faculties.
After
Florida
courts ruled that there was clear and convincing evidence that Terri
Schiavo would not have wanted to be kept alive artificially, the feeding
tubes were removed for a brief period.
But Florida Governor Jeb Bush pushed "Terri's Law"
through the Legislature and ordered the re-insertion of the feeding tubes.
Now the Florida Supreme Court has unanimously held
that Terri's law and the action of Governor Bush were an
unconstitutional violation of the Florida Constitution. The Court's
opinion is available online at
http://www.miami.com/multimedia/miami/news/archive/schiavo.pdf.
Bush v. Schiavo, Supreme Court of
Florida
,
September 23, 2004
.
Attorney
Marshall can be contacted at webmail@paelderlaw.com
or at 1-800-401-4552
2005
Medicare Figures Announced:
Part
B Premiums to Increase 17%
Written By:
Attorney Jeffrey A. Marshall, CELA*
Federal
officials have announced the Medicare premium, deductible, and
co-insurance amounts that beneficiaries will have to pay in 2005.
The Part B premium paid by most Medicare recipients will increase a
whopping $11.60 (17% - from $66.60 to $78.20 a month).
This is the largest increase in history.
According to the U.S. Department of Health &
Human Services, the higher premiums "reflect general growth in health
care costs, higher payment to physicians and Medicare Advantage
coordinated care health plans under the Medicare Modernization Act (MMA),
and building trust fund reserves."
Medicare actuaries report that $1.60 of the increase in premiums
are a result of an increase in payments to health maintenance
organizations and other private plans. Increases in Medicare payments to
doctors and higher overall medical costs were responsible for much of the
remainder.
Medicare is a federal health insurance program for
people 65 years of age and older, some disabled people under 65 years of
age, and people with end-stage renal disease.
Medicare plays a significant role in providing health care in the
United States
.
N
ationally, it covers approximately 35 million seniors and 6 million
younger people with disabilities. In
Pennsylvania
, over 2 million people (17% of the population) are Medicare
beneficiaries.
By law, Medicare beneficiaries pay 25% of the cost of
Part B benefits with the Federal Government picking up the remainder.
However, as a result of the new Medicare law, higher income
individuals and couples will see their premiums double or triple beginning
in 2007 since they will be required to pay a larger percentage (up to 80%)
of the costs of their Part B benefits.
Even seniors with modest incomes need to brace
themselves. In 2006 most seniors will be hit with additional steep
increases in monthly premiums as a result of the prescription drug
coverage (Part D) provisions of the new MMA law. By 2006 the average
Medicare beneficiary will be paying well over $110 a month in combined
Medicare Part B and D premiums.
The announced Medicare deductibles, premiums, and
co-pay amounts for 2005 are as follows:
Medicare
Hospital
Insurance (Part A)
- Deductible - $912 per Benefit Period ($876 in 2004)
- Coinsurance - $228 a day for the 61st through the
90th day ($219), per Benefit Period; $456 a day for each
"nonrenewable, lifetime reserve day" ($438)
- Skilled
N
ursing Facility Coinsurance - $114 a day for the 21st through the 100th
day per Benefit Period ($109.50)
- Hospital Insurance Premium - $375 ($343 in 2004)
- Reduced Hospital Insurance Premium - $206 ($189)
Medicare Medical Insurance (Part B)
- Deductible - $110 per year ($100 in 2004)
- Monthly Premium - $78.20 ($66.60)
The Department of Health & Human Services
N
ews Release is available online at
http://www.hhs.gov/news/press/2004pres/20040903a.html
Attorney
Marshall can be contacted at webmail@paelderlaw.com
or at 1-800-401-4552
States
Have Option to Count Community Spouse IRA
Written By:
Attorney Jeffrey A. Marshall, CELA*
A
federal appeals court has ruled that federal Medicaid laws do not protect
a retirement plan owned by a community spouse.
In
Pennsylvania
, IRAs and other retirement plans owned by the "community spouse" are
not counted in determining the financial eligibility of an applicant for
Medicaid. The IRA of the non-applicant community spouse is treated as
exempt. This means that the
community spouse is not required to use it to pay for the care of the
spouse who is receiving care in a Medicaid-participating nursing facility.
Until 2001,
Colorado
followed the same rule as
Pennsylvania
. The IRA of the community
spouse was excluded and protected. However,
in the fall of 2001
Colorado
changed this rule. Since
then, retirement accounts owned by a
Colorado
community spouse have been treated as resources that are available to pay
for the care of the institutionalized spouse.
Gene Sellers had a retirement plan, but it was not
counted when his wife, Stepheny, first entered a nursing home in 1996.
Colorado
authorized Medicaid benefits for Stepheny.
Medicaid rules required an annual re-determination of her
eligibility. At the 2002
re-determination, after the new rules took effect, the Colorado Medicaid
agency told Gene that his wife no longer qualified for Medicaid because
his IRA was now counted as being available to pay for her care.
Mr. Sellers filed suit in federal court against the
state of
Colorado
. He claimed that
Colorado's new treatment of his IRA violated federal Medicaid law for
two separate reasons: (1) a state may not treat a retirement plan owned by
a community spouse as being available to pay for the care of his
institutionalized spouse, and (2) after an institutionalized spouse
qualifies for Medicaid, all of the resources of the community spouse,
regardless of value, must be disregarded.
The
U.S.
10th Circuit Court of Appeals disagreed with Mr. Seller's
first argument, but agreed with him on the second.
The federal court found that Congress left it up to
the individual states to decide whether the retirement plan of the
community spouse should be included in the resources that are deemed
available to pay for the care of the Medicaid applicant spouse.
Thus,
Colorado
was permitted to start counting the IRA, 401k, or other retirement plan of
the community spouse.
On the other hand, the Court said that counting Mr.
Sellers' IRA violated federal law because Mrs. Sellers was already on
Medicaid when
Colorado
changed the law. Resources
can no longer be pooled once one spouse becomes eligible for Medicaid.
As expressed by the Court - "Congress appears to have meant what
it said: once the institutionalized spouse's eligibility is determined,
the state is not authorized to take any resources belonging to the
community spouse and deem them available to the institutionalized
spouse." [emphasis in original].
The court ruling has several implications for
Pennsylvania
. It means that
Pennsylvania
could change its current rules to do away with the protected status of
community spouse retirement plans. But it also means that any changes
cannot be applied to situations where the institutionalized spouse is
already on Medicaid.
In addition, the ruling casts doubt on
Pennsylvania
's treatment of the sale of the residence.
If the institutionalized spouse is already on Medicaid, the
community spouse ought to be able to keep any proceeds she receives from
the sale of the residence.
But, DPW takes the position that the
"post-eligibility" sale of the community spouse's home can knock the
institutionalized spouse off Medicaid.
The
Colorado
case makes it clear that DPW's position is in violation of federal law. Once
the institutionalized spouse has qualified for Medicaid, the state is not
authorized to treat any resources of the community spouse
(including the proceeds of the sale of a home) as being available to the
institutionalized spouse.
The
federal appeals court case, Houghton and Sellers v. Reinertson, 10th
Cir., No. 03-1074,
August 24, 2004
, is available online at http://www.kscourts.org/ca10/cases/2004/08/03-1074.htm.
Attorney
Marshall can be contacted at webmail@paelderlaw.com
or at 1-800-401-4552
It's
not too late to register for the
Alzheimer's
Association's 2004 Memory Walks!
Registration
is FREE
and you can register the day of the event!
Join the Alzheimer's Association in taking steps towards a cure.
N
early 78 cents of every dollar you raise goes directly to promote
research, find effective treatments and improve the lives of those
affected by Alzheimer's.
For a list
of Walks in your area, go online to www.alzpa.org
For
questions about the Memory Walk at Montoursville on October
3rd at
Indian
Park
, please contact Melissa at 321-9008 or at mbottorf@paelderlaw.com
.
Price
Comparison for Drugs is Added to Medicare Website
Written
By: Marshall & Associates
Planning Specialist, Lisa Barner
The
Medicare website (www.medicare.gov)
provides information about whether you are eligible for the $600 annual
credit through the Medicare approved drug discount card.
It will also help you find out about other programs that may help
reduce your prescription drug costs (i.e. through specific manufacturers
and/or for specific health conditions).
Also, you can view information about the Medicare approved drug
discount cards and Pharmaceutical Assistance Programs.
A new feature has been
added to the Medicare website. This
new feature allows a Medicare beneficiary to actually compare prices for
prescription drugs. To do so,
you will be asked to select the names of your prescription drugs, specify
the dosage and quantity, the price you currently pay for those
prescriptions, and your zip code.
Then, the website
provides a listing of the Medicare approved drug discount cards available
to you and the names/addresses of the pharmacies in your area.
You are then able to see what price you would actually have to pay
at that particular pharmacy when using one of the discount cards.
You can compare prices between pharmacies and using different
discount cards at those pharmacies.
The Medicare website also
includes an additional way to save money by providing information on a
lower cost alternative. If
you are taking a prescription, there may be a drug similar to yours that
is priced lower than the drug you are currently taking.
Or, there may be a generic alternative.
To be safe, talk with your doctor.
The new features may give
some seniors more power to compare prices and look for lower costs.
Lisa
can be contacted at lbarner@paelderlaw.com
or at 1-800-401-4552
Back
issues of The
Elder Care Law Alerts
are available on our website.
You
can even search our site by a keyword
or phrase!
Marshall
& Associates Holds Bake-Off to Benefit
Alzheimer's
Memory Walk
This
year the Marshall & Associates Memory Walk team will be hosting a
Bake-Off to raise money for the Alzheimer's Association.
Staff members will be baking delectable desserts that
will be available for tasting on Friday, October 1st from
9:00AM-1:00PM
at the Marshall & Associates offices in
Williamsport
and
Jersey
Shore
. The Williamsport Office is located at
49 East Fourth Street
, next to the Brown Library. The
Jersey
Shore
office is located at Allegheny and Broad Streets. Stop in to one of those
offices for a sampling of the desserts and to vote for your favorite by
placing a dollar in the ballot box. Whichever
dessert receives the most "votes" wins.
All the money raised will go to the Alzheimer's Memory Walk.
Do you enjoy really delicious desserts?
Do you have a favorite staff member at Marshall & Associates
who you would like to support? Come
out and support them by voting for their baked goods and donate to a great
cause at the same time!
If you have questions about the bake-off or would
like to make a donation to our team, please contact Melissa at
1-800-401-4552 or at mbottorf@paelderlaw.com
Josephine
Balsamo
,
Marshall
& Associates
Planning
Specialist, Reflects on Scranton's Race
for the Cure
Written
By: Marshall & Associates Planning Specialist,
Josephine Balsamo
On
September 11th the Susan G. Komen Breast Cancer Foundation held their
annual Race
For The Cure fundraising event in
Scranton
. It is the largest series of 5K runs/walks in the world.
The purpose of this event is to not only raise funds for a cure for breast
cancer but to raise awareness of the disease and educate people about the
importance of regular exams and early detection. It is also a place
where people who have experienced the effects of breast cancer, either
directly or indirectly, can come together and show their support and
commitment.
That day I took the opportunity to show my support by
walking with the other 8,000 + people. In the past I have
participated in other similar fundraising events but this was the first
time I joined the Race For The Cure and my experience has been one that
left me feeling sad, happy, and inspired all at the same time.
Although I am fortunate in that I never had any kind of experience with
breast cancer, I really felt I made a difference just being there.
As I watched people running and walking, I saw a
purpose or meaning in every face. There were people of all ages who
participated. I saw those with pink shirts with tags on them stating
they were a survivor of breast cancer. Others had pink shirts with
tags on them stating they were running/walking in memory of someone they
knew who died of breast cancer. The tags that hit my heart were
those worn by little children saying they too were supporting the memory
of their mother, or grandmother, or aunt. It was obvious to me that
this disease has no age discrimination for those who it affects, in one
way or another. As I watched each person either walk or run across
the finish line, they smiled with joy and each one was congratulated for
their accomplishment.
There was a lot of love among these people during
this event. It is one event I will mark my calendar every year to
participate in. And I would encourage others to join as well.
Even if you haven't been affected somehow by breast cancer, it is a
blessing to be there. And if you have had experience with breast
cancer or if you know someone who did, I encourage you even more to
participate. Join our team, form your own team, or walk as an
individual.
Josephine
can be contacted at jbalsamo@paelderlaw.com
or at 1-800-401-4552
"Paying
for Long Term Care" Presentations Set
Getting
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
offers free workshops that help families learn about the options that are
available to pay for long term care in the home or in a nursing facility.
Join us for one of these 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.
-
Monday,
September 27th, 2004
at
11:00AM
Marshall
& Associates Conference Room
1065
Highway 315,
Suite
402
Wilkes-Barre
-
Tuesday,
October 5th, 2004
at
11:00AM
Marshall
& Associates Conference Room
1065
Highway 315,
Suite
402
Wilkes-Barre
-
Thursday,
October 7th, 2004
at
6:00
PM
Ross
Library Community Room
Third
Floor
Lock
Haven
-
Monday,
October 11th, 2004
at
5:30
PM
Marshall
& Associates Conference Room
1065
Highway 315,
Suite
402
Wilkes-Barre
-
Tuesday,
October 12th, 2004
at
6:30PM
Danville
Elks Club
1240
Montour Blvd (Rte 11)
Danville
-
Thursday,
November 4th, 2004
at
6:30
PM
Lycoming
Mall Community Room
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
