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The Elder Care Law Alert

Marshall, Parker & Associates' E-mail Newsletters

2003

 

Elder Care Law Alert

                                August 21st, 2003 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.   National Nursing Home Costs Average $57,700 per year-  Pennsylvania is Higher

2. Obesity Rate Among Older Adults Skyrockets

3. Tired of Telemarketers? Sign-up for Federal & State Do Not Call Lists

4. Medicaid Misconception #10: Once I qualify for Medicaid, it will pay all of my nursing home costs

5. Seminars for August & September Slated


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

 

National Nursing Home Costs Average $57,700 per year-  Pennsylvania is Higher

 

Written By: Attorney Jeffrey A. Marshall , CELA*

  According to figures used by the Department of Public Welfare, the average annual cost of nursing home care in Pennsylvania is currently $66,711.  This is somewhat higher than a recently reported national average of approximately $57,000.  The average national cost figure is based on a survey of 2,218 skilled and intermediate care nursing homes in all 50 states conducted in May 2003 by Evans Research.  

The average annual cost of nursing home care can reach as high as $166,700 in Alaska which has the most expensive nursing home care in the United States , according to the Evans survey. The $57,000 figure represents a 7 percent increase from an earlier survey conducted in December 2001. 

Want to know more about the survey?  Click below to read a related news report by Reuters at: http://story.news.yahoo.com/news?tmpl=story&u=/nm/20030803/hl_nm/health_nursinghomes_dc_2


Obesity Rate Among Older Adults Skyrockets

 

Written By: Stephanie L. Allegrucci

Stephanie Allegrucci, our summer intern has just completed her sophomore year at the University of Pennsylvania and is majoring in History of Law and Psychology.

  In the past few years it has become painfully obvious that more Americans than ever are overweight, but most of us probably do not realize the extent of this problem. The Center on an Aging Society of Georgetown University has produced a series of data profiles called Challenges for the 21st Century: Chronic and Disabling Conditions. The Center studies the effects of economic and health issues as a result of demographic changes. The data comes from two national US surveys, The National Health Interview Survey and the 2000 Health and Retirement Study.

With 15 million obese Americans over age 51, obesity has been labeled an epidemic. Obesity is a health risk factor experienced by 1 in 4 Americans. Being obese significantly increases one's chance of developing coronary heart disease, type II diabetes, strokes, and many types of cancer, all of which make up the top four leading causes of death in the United States .

Being formally labeled "obese" may not be as difficult as you think. Obesity is based upon one's body mass index (BMI), a relationship of weight to height. A BMI between 25 and 30 puts you in the overweight category. A BMI over 30 pronounces you obese. For example, an adult of height 5'6" with a weight over 185 is obese. In this study, findings are based on adults over age 51 who meet the obesity qualification of a BMI over 30.

Most surprisingly, the study indicated that adults between ages 51 and 69 have a higher rate of obesity than expected. This rate is especially high for those with low income and less education. Obesity does not seem to discriminate among sex. Among these obese adults (ages 51-69), more difficulty exists in performing activities of daily living. In fact, obese adults are twice as likely to have problems acting compared to non-obese adults of the same age. The sad result is that these people require more assistance. Furthermore, a smaller proportion of obese adults are able to work, 55% compared to 59% of non-obese adults.

As a health risk factor, obesity causes more chronic symptoms of illness like constant fatigue and cough. Each year caring for the obese accounts for 5.3 percent of total medical expenses in the US , of which half are financed by Medicare and Medicaid.

Not only do the obese seem to have more chronic conditions, but obesity exacerbates the already present conditions such as making arthritis more severe. Obesity has now been included with smoking, drinking, and poverty as the worst health risk factors because obesity produces the same effects on the mind and body as 20 years of aging!

The fears that many people refused to believe about their weight are now confirmed. Being overweight WILL lower the quality of life you lead. Since 1991, obesity rates have been rapidly increasing, and it is likely that obesity will become an even greater epidemic in the future unless people listen to warnings and take control of their lives.

To see health related data profiles and get email alerts visit:  www.aging-society.org

To calculate your Body Mass Index visit: http://nhlbisupport.com/bmi/bmicalc.htm


Tired of Telemarketers?   Sign-up for Federal & State Do Not Call Lists

 

Written By: Karen L. Griswold , Estate Planning Paralegal

  Both the federal and state governments offer a free service to consumers to limit the number of telemarketing calls received.  Registration is free for both of these services.  The federal and state Do Not Call Lists are currently independent of each other however legislation is pending in Pennsylvania that would give the Attorney General the authority to transfer the names currently on the Pennsylvania Do Not Call List to the National Do Not Call Registry.

Once a telephone number has been registered at either the National Do Not Call Registry or the state's Do Not Call List, it will remain effective for five years. 

Federal

On October 1, 2003 , the date the National Do Not Call Registry will be enforced, most telemarketers will be required to remove the numbers contained in the registry from their call lists. 

Consumers can register their personal telephone number(s), including cellular telephone numbers, by accessing the National Do Not Call Registry's website at http://www.donotcall.gov or by calling the toll-free number at 1-888-382-1222.

The National Do Not Call Registry is managed by the Federal Trade Commission. 

State

Consumers can register their residential telephone number(s) by accessing the state's Do Not Call List website at http://www.nocallsplease.com or by calling the toll-free number at 1-888-777-3406. 

A few minutes of your time today to register might end up saving you a lot of time, money, and aggravation in the future.  This is a wonderful, free service that can be of significant benefit to not only you but also to those of your clients, friends, and family members that may have trouble hearing or understanding today's complex issues.                    


Medicaid Misconception #10: Once I qualify for Medicaid, it will pay all of my nursing home costs

  Here is the next installment in our discussion of some of the most prevalent misconceptions about Medicaid and the rules for payment of nursing home costs. If you would like to read past Medicaid Misconceptions, check out our website at:  www.paelderlaw.com/news.html

Misconception #10: Once I qualify for Medicaid, it will pay all of my nursing home costs

The Truth: Medicaid is a very generous program.  Unlike Medicare, it pays for nursing home costs even if you don't need skilled care.  It pays for almost all of the care and services you might need.  And there are no time limitations.  Many nursing home residents have received Medicaid-paid care for decades.  However, Medicaid does require that the recipient spend some of his or her income as a co-payment towards the cost of care. 

For an unmarried nursing home resident, Medicaid allows the recipient to keep a personal needs allowance of $30 per month, plus enough income to pay for private health insurance premiums and up to $100 per month for guardianship services, if court approved. 

For married couples, a nursing home resident may also divert some income to a low income non-institutionalized ("community") spouse.  The rules regarding the diversion of income to the community spouse are particularly complicated. The current minimum monthly allowance for the community spouse is $1,515 per month. But that amount can be increased depending upon the spouse's housing expenses.  The spousal income allowance can also be increased if the community spouse is subject to exceptional circumstances which are causing significant financial duress. 

Moreover, a low income community spouse may choose to keep more investments than would otherwise be allowed as a way of producing the full income allowance.  These extra investment resources are intended to help provide enough income to meet the community spouse's income allowance and avoid "spousal impoverishment."  To be allowed to keep additional investments, the community spouse must file a Medicaid application before spending down to the standard resource allowance and then must file a "fair hearing" appeal.    

This is all very complicated, especially for an elderly community spouse who is already under great stress.  Experienced elder law attorneys are experts in helping community spouses determine whether it is better to keep additional investments or additional income.  This is part of the comprehensive planning required to protect the financial security of a married couple when one spouse needs nursing home care.    


 "Using Medicaid to Pay for Home and Nursing Facility Care"

  Below you will find a list of some seminars that we will be presenting throughout Northeastern and Central Pennsylvania over the next few months. Lifetime planning and problems related to long term care are increasingly important issues 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, Parker & Associates' is known throughout Pennsylvania for the expert help we provide seniors who are faced with long term care needs. Often families struggle to care for their loved one at home for as long as possible. We help these care-givers find ways to get the financial help they need so that the highest quality care can be provided in the most appropriate setting (at-home, assisted living, or nursing facility). 

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 teaching the family how they can pay nursing home costs without losing their homes or going broke.

Join us for one of these free seminars 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 seminar is FREE and open to seniors, their families, elder care professionals, and anyone else who needs to learn more about this complex subject.  Each seminar lasts about 1 ½ hours, including a "Question & Answer" Session.  

- Scranton : Thursday, August 28th at 6:30 PM at the Radisson, Lackawanna Station

- Dallas :  Thursday, September 4th at 6:30 PM at Stax & Company, Memorial Highway

-Northumberland: Thursday, September 17th at 6:30 PM at Front Street Station

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!


Did you know. past issues of the Elder Care Law Alert are available on our website at:

www.paelderlaw.com/news.html


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*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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