mmediate annuities can be a useful tool to protect the spouse of a nursing home resident who applies for Medicaid. These types of annuities allow the nursing home resident to spend down assets and give the spouse a guaranteed income. But immediate annuities may not work in every state, Continue reading
Category: Elder Law
Many Skilled Care Providers Still Unaware of New Medicare Rules
Even though Medicare is now covering skilled care for beneficiaries who are not improving, many are still being denied coverage, according to Judith Stein, director of the Center for Medicare Advocacy. Stein told Reuters columnist Mark Miller that despite a nationwide educational Continue reading
Observation Stays in the Hospital: The Impact on Medicare Beneficiaries
By Judith Stein, Esq.
In December 2013, Ms. M., 99, was found on the floor in her assisted-living apartment. She was sent to the hospital and treated for a broken shoulder. She stayed at the hospital for three nights, but instead of being deemed an “inpatient,” she was considered Continue reading
Nursing Home Debt Collector’s Filial Support Lawsuit Against Family Does Not Violate Fair Debt Collection Law
The U.S. Court of Appeals for the Second Circuit holds that a law firm that was attempting to collect a debt from a nursing home resident’s family did not violate debt collection law when it filed a lawsuit against the family based on Pennsylvania’s filial support law. Eades v. Kennedy, Continue reading
Case Illustrates Need for a Formal Contract When Paying Relatives for Care
A growing number of people are entering into caregiver contracts with their family members. These contracts, also called personal service or personal care agreements, have many benefits, including rewarding the family member for indispensable help. But some fail to memorialize these Continue reading
