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The Elder Care Law Alert

Marshall, Parker & Associates' E-mail Newsletters

2004

 

Elder Care Law Alert

                                February 12th, 2004 Issue 

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Jersey Shore, Williamsport, Wilkes-Barre, Scranton

1-800-401-4552

www.paelderlaw.com 

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The Elder Law Firm of Marshall, Parker & Associates is a recognized leader in providing coordinated legal and elder care planning services to older adults and their families throughout Pennsylvania.

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In this Issue

1. Understanding the New Income Limits for PACE and PACENET  

2. Traps for Parents in Accounts for Children  

3. Philadelphia News Article Critical of Medicare Discount Card Plan


PA Nursing Home Guide
Assisted Living Guide
Advance Directive Planning Tools
Medical Assistance Estate Recovery

Understanding the New Income Limits for PACE and PACENET

Written By:  Jerome Petro, Geriatric Planning Specialist, Marshall, Parker & Associates', Wilkes-Barre Office

  PACE and PACENET are Pennsylvania 's pharmaceutical assistance programs for seniors.  These programs offer prescription coverage for older Pennsylvanians who have low or moderate incomes.  The programs cover most medications that require prescriptions, including insulin, syringes and insulin needles.  Over-the-counter drugs are not covered.  There are no premiums or monthly fees for seniors who qualify.  The programs are administered by the Pennsylvania Department of Aging.

As a result of legislation enacted last year, the PACE and PACENET programs were revised so that additional seniors will be able to qualify in 2004.  (For more information on this legislation, see the December 18, 2003 Elder Care Law Alert at http://www.paelderlaw.com/drugdiscount.html). 

Here are the new eligibility rules for PACE/PACENET for 2004.

Who is Eligible to Apply?

  • Residents of Pennsylvania who are 65 years of age and older.  You are not eligible for benefits if you are under the age of 65 and disabled.
  • Must have been a resident of Pennsylvania for at least 90 days prior to application.
  • You are not eligible for pharmaceutical benefits through the Medical Assistance program.

You can apply for PACE/PACENET even if you have health insurance or limited prescription benefits through another insurance.

PACE or PACENET? Which Program is Best for You?

PACE is the more generous program, which means that seniors will save more on their prescriptions if they can qualify for PACE rather than PACENET.  Here are the current (2004) income and co-payment requirements for the two programs.

PACE

If you are single and your total previous calendar year's income was less than $14,500, or   

If you are married and your combined total previous calendar year's income was less than $17,700 you may be eligible for PACE.  

PACE has a GENERIC CO-PAY of $6 for each covered prescription, and a SINGLE- SOURCE CO-PAY of $9 for each covered prescription.                                                                                                                                            

PACENET

If you are single and your total previous calendar year's income was between $14,500 and $23,500, or

If you are married and your combined previous calendar year's income was between $17,700 and $31, 500, you may be eligible for PACE.

PACENET has a monthly $40 cumulative deductible for each cardholder. Once that deductible has been met, PACENET has a GENERIC CO-PAY of $8 and a SINGLE-SOURCE CO-PAY of $15 for each covered prescription.  They track your out-of-pocket costs for you.

How is Income Defined?

Income includes, but is not limited to sources like.

                        -Gross Social Security                                     

                        -Railroad Retirement & SSI                             

                        -Salaries/Wages/Commissions                         

                        -Self-Employed or partnership income 

                        -Alimony and Support money                          

                        -Taxable amount of annuities and IRA's           

                        -Gifts and inheritance of cash or property         

                             over $300                                                  

                        -Veteran's disability payments

                        -Pensions

What Documents are needed to file an Application?

1. Proof of Age

2. Proof of Residence (Document must be at least 90 days old)

3. Proof of Income (Last Years Income)

How Do You Apply?

1. You can contact your local Area Agency on Aging for more information

2. Or you can call Pennsylvania Department of Aging at 1-800-225-7223

3. Or you can e-mail the Department of Aging at PACECares@fhsc.com


                        Traps for Parents in Accounts for Children

Written By:  Attorney Jeffrey A. Marshall , CELA*

  Want to put something aside for that favored child or grandchild? Maybe you have considered creating or have already created an account for the child using the Pennsylvania Uniform Transfers to Minors Act (PUTMA).

PUTMA accounts are easy and inexpensive to create. The donor simply contacts a bank, broker, or mutual fund, and supplies the name and social security number of the child and the name of an adult (the "custodian") who will watch over the child's funds.  The donor then transfers cash or investments to the account to complete the gift. The child owns the investment and all income is reported at the child's potentially lower tax rate.

With a PUTMA account, the funds can be managed and distributions controlled by the adult custodian until the child reaches age 21 (and in some situations, even until age 25 in Pennsylvania ). This kind of account is a great alternative to a more formal (and expensive) trust arrangement, especially since the custodian also has the option to reinvest income in the account and pay out funds whenever the custodian feels it is appropriate.

Sounds good, right? Yes, BUT, parents and grandparents, and even many financial advisors, need to be aware of some of the legal limitations of these accounts.  In particular, they need to understand that under some circumstances a parent/custodian may not be authorized to use the PUTMA account to pay for some of the child's expenses. Under Pennsylvania law, the parent may be required to first use his or her own funds. 

In a recent case, Harold Sternlicht set up a custodial account for his daughter, Jamie.  He used some of the funds in the account to pay for private school expenses for his daughter.  The court said that this was improper since Mr. Sternlicht had sufficient funds to pay for the school himself.  Before using the child's PUTMA account, a parent who has sufficient financial means must first use his own funds to pay for anything that is deemed to be part of the normal expenses of parenthood.          

PUTMA accounts are frequently recommended by financial advisors as savings devices to pay for a child's college costs.  However, if the parent has sufficient means, the support obligation can even include the payment of college expenses for a child who is over age 18. 

This means that a financially-secure parent could be required to use his or her own funds to pay for the child's education, before dipping into the child's custodial account. 

Even if a parent/custodian is paying expenses that are not part of parental support duties, the parent should be careful to make payments directly from the custodial account.  In another recent case, Kathleen Gumpher paid for a high school class trip to France for her daughter from Mrs. Gumpher's personal funds.  After the daughter entered college, Mrs. Gumpher liquidated the account and retroactively reimbursed herself for the costs of the class trip.  The court, however, required the mother to repay these funds to her daughter.  It said that even if it is proper to pay an expense from a PUTMA account, the custodian should pay it directly from the account at or very close to the time the expenses were actually incurred.    

PUTMA accounts are simple and very useful financial planning tools.  But, let the parent beware of the limitations.  If more flexibility is desired when saving for a child's college costs, parents may want to consider Section 529 plans and Education IRAs as alternatives to PUTMA accounts.


Philadelphia News Article Critical of Medicare Discount Card Plan

            Written By:  Attorney Jeffrey A. Marshall , CELA*

  The front page of the February 10th edition of the Philadelphia Inquirer carried an article entitled "Medicare drug cards: An uncertain benefit."  The article discusses the new Medicare approved discount drug cards that will first be available in May or June.  The article discusses the limitations of the new cards and concludes that "for many, the cards may be more confusing than helpful."  

"In Pennsylvania alone, there could be two dozen cards," the article quotes Tom Snedden, executive director of Pennsylvania 's pharmaceutical-assistance programs for seniors. "It's going to be difficult for people to understand."

To read the article, go to http://www.philly.com/mld/philly/

Then search on the term "Medicare Drug Cards" The article may only be available for a limited time.        

More information on the Medicare discount drug cards was published in the December 18, 2003 edition of the Elder Care Law Alert and is available on our website at   http://www.paelderlaw.com/drugdiscount.html


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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, Parker & Associates' speak to your group, or at an upcoming event, please contact

our Public Education Coordinator,  Melissa Bottorf

at mbottorf@paelderlaw.com or 1-800-401-4552


*Attorney Marshall is certified as an Elder Law Attorney by the National Elder Law Foundation under authorization from the Pennsylvania Supreme Court

 
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