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LAWYERLISA

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LawyerLisa, LLC focuses on Real Estate Closings, Estate Planning, Probate Litigation, and Elder Law.  Our firm is here to provide clients with comprehensive solutions in a comfortable environment.  Let our experience lead you to the solutions you seek.

Filtering by Category: Long Term Care Planning

Medicare Coverage: Beneficiaries do not have to improve to qualify for Medicare Coverage

It is important to be aware of your rights under government provided programs. Based on the case, Jimmo v. Sebelius, beneficiaries no longer have to improve to qualify for Medicare coverage.

As a result of the Jimmo Settlement, the Centers for Medicare & Medicaid Services (CMS) was required to confirm that Medicare coverage is determined by a beneficiary’s need for skilled care, not on a beneficiary’s potential for improvement. Coverage “does not turn on the presence or absence of a beneficiary’s potential for improvement, but rather on the beneficiary’s need for skilled care. Skilled care may be necessary to improve a patient’s condition, to maintain a patient’s current condition, or to prevent or slow further deterioration of the patient’s condition.” (CMS Transmittal 179, Pub 100-02, 1/14/2014).

The Jimmo Settlement means that Medicare beneficiaries should not be denied coverage for maintenance nursing or therapy provided by a skilled nursing facility, home health agency, or outpatient therapy provider when skilled personnel must provide or supervise the care for it to be safe and effective. Medicare-covered skilled services include care that improves, maintains, or slows the decline of a patient’s condition. Medicare coverage is not allowed to be denied solely because an individual has an underlying condition that won’t get better, such as MS, ALS, Parkinson’s disease, or paralysis.

Source: https://www.medicareadvocacy.org/wp-content/uploads/2018/12/Jimmo-Fact-Sheet-for-Providers-Contractors-Adjudicators.pdf

Changes to VA pension benefits are coming.

The Department of Veterans Affairs has been working for over two years to make changes to the eligibility standards for VA pension benefits.

Changes are coming to VA pension benefits LawyerLisa

Some of the proposed changes would include setting a concrete net worth for veterans applying for pension benefits and importantly, creating a 3 year look back period for asset transfers.

There is currently a 5 year look back period in place for persons applying for Medicaid benefits, such as long-term skilled nursing care.  Putting a 3 year look back on applications for VA pension benefits would align with the policy of ensuring applicants don't intentionally divest their assets in order to have the government provide them with benefits.

The proposed changes to the final rule are still pending and an effective date has not been announced yet.

Thanks to Krause Financial Services for publishing on this topic.  Click here for a link to their article.

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