Social Security Eases SSI Restrictions
Written
By:
Jeffrey A. Marshall
, Certified Elder Law Attorney*
The
Social Security Administration has published final rules to simplify
qualification for Supplemental Security Income (SSI).
Under the SSI program, the federal government
provides monthly cash payments to low-income people who are 65 or older or
disabled.
Pennsylvania
provides an additional state supplement to individuals who qualify.
Because SSI is a means-tested program, people must have income and assets
below specified amounts to be eligible for benefits.
People must have both low income and countable
resources below a specified level ($2,000 for an individual or $3,000 for
a couple) to receive SSI benefits. Seniors can receive SSI even though
they are also receiving Social Security retirement benefits if their
income is low enough. In
effect, SSI serves as a backstop to ensure that elderly and disabled
people have a minimum level of income if they do not qualify for Social
Security or if their Social Security benefits are very low.
Individuals who qualify for SSI also qualify for Medical Assistance
(Medicaid) benefits in
Pennsylvania
.
The new regulations simplify SSI qualification rules
in regard to (1) clothing, (2) household goods and personal effects, and
(3) an automobile.
Clothing
SSI defines "income" as anything the recipient
receives that can be used to meet his or her need for food, clothing, or
shelter. Under prior rules, this meant that in-kind gifts of clothing were
treated as income and could negatively impact the recipient's SSI.
Under the new rules, SSI is eliminating clothing from
the definition of income. As a result, SSI will no longer count gifts of
clothing as income in deciding whether a person can receive SSI benefits
or when computing the amount of benefits.
Household
Goods and Personal Effects
Under prior rules, SSI placed a dollar limit on the
value of household goods and personal effects a person could own.
Any excess would be treated as countable resources.
As a result of the new regulations, SSI will no
longer count any household goods and personal effects as resources when
deciding whether a person qualifies for SSI.
Automobile
In the past, SSI also placed a dollar limit on the
value of an automobile that could be owned by a recipient of benefits.
Now, SSI will allow an individual to exclude one automobile of any value
from resources so long as it is used for transportation for the individual
or a member of the individual's household.
These new regulations are effective on
March 9, 2005
.
The Social Security Administration is to be applauded
for doing away with these severe limitations and making SSI easier to
understand and administer.
The new rules are available online at
http://www.canhr.org/pdfs/SSI_Rules_05-2248.pdf.
Attorney Marshall can be contacted at webmail@paelderlaw.com
or at 1-800-401-4552
________________________________________________________________________________
President's
Bud
get
Seeks Changes in Medicaid and VA Health Benefits
Written
By:
Jeffrey A. Marshall
, Certified Elder Law Attorney*
On February 7th the Bush
Administration released the details of the President's proposed federal
budget for fiscal year 2006 (which begins
October 1, 2005
). Congress will now begin its
review of the proposed budget and move towards eventual enactment of
spending legislation for 2006.
Among the
President's proposals are some that, if implemented, will affect the
health, welfare, and financial security of seniors.
These include:
Medicaid
. Increasing
Medicaid Restrictions on Asset Transfers. To qualify for
Medicaid long term care services, an individual may only retain nominal
assets. Applicants who transfer assets at less than fair market value are
subject to delays in Medicaid eligibility. By engaging in Medicaid estate
planning, however, Medicaid applicants can often retain their assets and
qualify for Medicaid without any delays. The
Bud
get proposes to increase restrictions on asset transfers in order to
"promote personal responsibility and planning for long-term care
expenses."
.
Long-Term Care Insurance.
The 2006
Bud
get seeks to promote the use of long-term care (LTC) insurance by
eliminating a Federal legislative ban on new LTC Partnership Programs.
Through Partnership programs, consumers who purchase and use
Partnership-approved insurance can become eligible for Medicaid services
after their insurance coverage is exhausted without having to divest all
of their assets.
New York
,
Connecticut
and several other states have operated these programs for a number of
years, but federal law has prevented
Pennsylvania
from initiating a Partnership Program.
. Promoting
community based options for long term care. The
Bud
get includes several policies that promote home and community-based care
options including:
.
Money Follows the Person
Rebalancing Demonstration. This five-year demonstration would
provide Medicaid-financed services for individuals who transition from
institutions to the community. Federal grant funds would pay the full cost
of home and community-based waiver services for one year of a
beneficiary's care, after which the State would agree to continue this
care at the regular Medicaid matching rate.
. Home and Community-Based Care Demonstrations and Programs.
The
Bud
get includes proposals to encourage home and community- based care
for adults with disabilities,
such as demonstrations to provide respite care for
caregivers.
States would also
have the option to provide Medicaid presumptive eligibility for
institutionally qualified individuals who are discharged from hospitals
into the community.
Veterans Health
President Bush's
budget would more than double the co-payment charged to many veterans for
prescription drugs and would require some to pay a new fee of $250 a year
for the privilege of using VA health care. The co-payment for a month's
supply of a prescription drug would increase to $15, from the current $7.
In addition, many veterans who do not have service connected disabilities
would be required to pay the $250 annual "user fee."
More details on the President's proposed budget are
available online at
http://www.gpoaccess.gov/usbudget/fy06/browse.html
Attorney Marshall can be contacted at webmail@paelderlaw.com
or at 1-800-401-4552
________________________________________________________________________________
Regulatory Agenda Anticipates
Changes in MA Nursing Care Eligibility and Pre-Admission Requirements
Written
By:
Jeffrey A. Marshall
, Certified Elder Law Attorney*
Each
year all agencies under the jurisdiction of the Governor are required to
submit an agenda of new regulations they have under development. The
agenda is compiled to provide advance notice to the regulated community
and increase public participation in the regulatory process. The agenda
represents an agency's present intentions regarding its future
regulations.
On February 5, the Regulatory Agenda for the
Department of Public Welfare (DPW) was published in the Pennsylvania
Bulletin. (www.pabulletin.com).
DPW is apparently at work on several regulations that may have a
significant impact on
Pennsylvania
nursing facilities and their residents. These include:
1. Changes in Nursing Care Eligiblity - Long
Term Care (LTC) 55
Pa.
Code Chapters 178 and 181. (Proposed regulations anticipated in May 2005).
"This regulation will change the eligibility
requirements for applicants and recipients in long-term care facilities.
Recipients of Medicaid program benefits will be required to contribute
more toward the cost of long-term care services. Applicants for Medicaid
Program benefits will be required to use more of their own resources to
pay for their care before being authorized eligible for the Medicaid
Program."
2. Pre-Admission
Requirements for Nursing Facility Services, 55
Pa.
Code Chapter 1187. (Proposed regulations anticipated in May 2005).
"This regulation will require nursing facilities to
have all individuals applying for nursing facility services, evaluated by
the Department or an independent assessor if it is likely that the
applicant will use Medical Assistance as a payer source within 12 months
of admission. The purpose of this regulation is to allow an individual to
remain in the community by delaying or eliminating the need for admission
to a nursing facility. This regulation will be reviewed by the Medical
Assistance Advisory Committee."
The issuance of proposed regulations will be an
initial step in the regulatory process. Affected individuals should
have the opportunity to comment. The Elder Care Law Alert will try
to keep you up to date on these regulatory proposals.
Attorney Marshall can be contacted at webmail@paelderlaw.com
or at 1-800-401-4552
________________________________________________________________________________
Marshall & Associates is First Law
Firm in State with 2 Board Certified Elder Law Attorneys
Written
By: Melissa Bottorf, Director of Public
Ed
ucation
The
National Elder Law Foundation has announced that Marshall &
Associates' Attorney Matthew Parker has been awarded the status of
Certified Elder Law Attorney (CELA). Attorney
Parker joins an elite group of approximately 320 lawyers in the
United States
who have received this coveted designation.
To become certified in elder law, a lawyer must
demonstrate special training, experience and knowledge about the unique
legal, financial, and social concerns of people age 50 and older.
In addition to meeting these experience requirements, a CELA must
receive the recommendation of other elder law attorneys and pass a
difficult day-long written test.
The CELA professional designation provides a measure
of assurance to the public that the attorney has an in-depth working
knowledge of the legal issues impacting the elderly.
Our managing partner, Jeffrey Marshall was awarded CELA status five
years ago. Now, with the
addition of Attorney Parker's accomplishment, the Elder Law Firm of
Marshall & Associates is the only law firm in
Pennsylvania
with two board Certified Elder Law Attorneys.
Melissa can be contacted at mbottorf@paelderlaw.com
or at 570-321-9008.
____________________________________________________________________________
In the Community.
The professional staff of Marshall and Associates will be presenting to
the following groups and organizations over the next couple of weeks.
Many of these events are open to the public.
If you would like more information or would like to schedule
someone to speak at your group, please contact Melissa at 321-9008 or at mbottorf@paelderlaw.com
-The
Catawissa
Senior
Center
is offering a presentation on Living
Trusts and Financial Abuse of the Elderly on
February 16th, 2005
from
10:30AM-11:15AM
. Attorney Matthew Parker from
Marshall & Associates will be the speaker.
-Attorney Kevin Grebas and Planning Specialist
Josephine Balsamo
will be speaking about Essential Estate Planning Tools
to the Stroke Support Group at
the John Heintz Institute for
Rehabilitation Medicine in
Wilkes-Barre
on March 3rd at
4:30PM
.
-Planning Specialist Perry Landon will make a
presentation for the Cancer Support
Group at their monthly meeting. It
will be held at Susque-View in Lock
Haven on March 10th at
7:30PM
.
-The Luzerne-
Wyoming
Area Agency on Aging is
providing an in-service for caseworkers on March 11th at
9:15AM
. Attorney Marshall will
present Legal
Considerations When Qualifying for Waiver.
________________________________________________________________________________
Marshall & Associates Now Offering
FREE In-Office Workshops
Marshall
& Associates is now offering free workshops for seniors, their
families and professionals who want to know more about paying and planning
for long term care. The
workshops are held in our
Williamsport
and
Wilkes-Barre
offices and last about an hour. These
informal discussions with our planning experts are a great opportunity to
learn about the options available to pay for care.
Reservations
are suggested, but not required. SIGN
UP ONLINE or call 1-800-401-4552 for
more information or to reserve your spot.
________________________________________________________________________________
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
