“It appears that the decline in visits in March and April validate nursing homes’ understanding that their patient and resident populations are at extreme and disproportional risk of illness and death from COVID-19 and need to be protected. The subsequent increase in visits through June is likely multifactorial, including the need to mitigate the devastating effects of long-term social isolation on the nursing home population, among other reasons.”
The blog reports information of interest to seniors, their families, and caregivers. Recurrent themes are asset and decision-making protection, and aging-in-place planning.
Monday, September 14, 2020
Heartbreaking Study Finds that Contact with Nursing Home Residents Fell by More than Half
Friday, September 4, 2020
Medicaid Applicant Who Did Not Verify Mortgage Balance Is Not Entitled to Benefits
It is vitally important that a Medicaid application be completed properly, and that all required information be provided. An Ohio appeals court recently held that a Medicaid applicant who did not provide verification of her mortgage balance is not entitled to benefits even though the original mortgage value was higher than the home’s current value. Poindexter v. Ohio Dept. of Job and Family Servs. (Ohio Ct. App., 5th Dist., No. 2020 CA 00005, August 11, 2020). In other words, it doesn't matter whether the applicant considers or cam even later establish that the information "might" be considered irrelevant, burdensome, or non-dispositive, providing complete information is necessary.
Lucille Poindexter bought a home with a mortgage of $48,023. She entered a nursing home and applied for Medicaid. The value of her home at that time was $36,900. The state requested that Ms. Poindexter verify her current mortgage balance. The request form stated that if Ms. Poindexter was having trouble, she should contact the Medicaid agency for help. The agency contacted her a second time, but Ms. Poindexter did not submit the verification or request assistance.
The state denied her application for benefits. Ms. Poindexter appealed to court, and the trial court affirmed. Ms. Poindexter appealed, arguing that the evidence showed that she had a mortgage of $48,023, while the house’s value was only $36,900, so her home should not be a countable resource. She also argued that the court improperly placed the burden on her to provide evidence of the mortgage, rather than placing the burden on the Medicaid agency.
The Ohio Court of Appeals, Fifth District, affirmed, holding that the state properly denied benefits. According to the court, Ms. Poindexter presented no evidence “demonstrating what the balance of the mortgage was as of the time of the application, and thus the agency could not determine the value of the property as of the time of her request for Medicaid assistance.” The court also noted that Ms. Poindexter had the ability to request assistance in obtaining the information, but she did not do that.
Source: Elderlaw Answers (8/27/20)
Tuesday, September 1, 2020
As COVID-19 Continues to Ravage Nursing Homes, the California Supreme Court Limits Damages for Care Violations
“We do not find that limiting an award to $500 per lawsuit would render the statute ‘toothless,’”
“plainly insufficient to fulfill the statute’s purpose to deter and remedy violations of nursing home patients’ rights. It makes little difference that the majority leaves a few teeth awkwardly hanging in the mouth after pulling most of them out. "
“Nowhere has the pain of the COVID-19 virus been more acutely felt than in our state’s nursing homes.”
Tuesday, August 25, 2020
CMS Implementing New Training Protocols Protecting Resident Health and Safety Amid COVID-19
"Today, under the leadership of President Trump, the Centers for Medicare & Medicaid Services (CMS) is implementing an unprecedented national nursing home training program for frontline nursing home staff and nursing home management. The training is designed to equip both frontline caregivers and their management with the knowledge they need to stop the spread of coronavirus disease 2019 (COVID-19) in their nursing homes. The training announced today will be available immediately to staff of America’s 15,400 Medicare and Medicaid certified nursing homes and focuses on critical topics like infection control and prevention, appropriate screening of visitors, effective cohorting of residents, safe admission and transfer of residents, and the proper use of personal protective equipment (PPE) – all critical elements of stopping the spread of COVID-19. President Trump first announced the training in late July as part of the Trump Administration’s unwavering commitment to the safety of American seniors living in nursing homes. The training is only the latest in a long list of decisive actions the Trump Administration has taken to safeguard America’s nursing homes."
“President Trump has directed us to deploy every resource available to ensure nursing homes are prepared, educated, and ready to keep all our seniors safe from this highly contagious, dangerous disease. CMS is taking unprecedented action to ensure that nursing homes are doubling down on efforts to prevent the spread of the virus. This national training program is just the latest example of our coordinated and aggressive response to this unprecedented situation.”
- Module 1: Hand Hygiene and PPE;
- Module 2: Screening and Surveillance;
- Module 3: Cleaning the Nursing Home;
- Module 4: Cohorting;
- Module 5: Caring for Residents with Dementia in a Pandemic.
- Module 1: Hand Hygiene and PPE;
- Module 2: Screening and Surveillance;
- Module 3: Cleaning the Nursing Home;
- Module 4: Cohorting;
- Module 5: Caring for Residents with Dementia in a Pandemic'
- Module 6: Basic Infection Control;
- Module 7: Emergency Preparedness and Surge Capacity;
- Module 8: Addressing Emotional Health of Residents and Staff;
- Module 9: Telehealth for Nursing Homes;
- Module 10: Getting Your Vaccine Delivery System Ready.
To ensure nursing home staff are aware of the training and availing themselves of it, CMS is directing Quality Improvement Organizations (QIOs) – CMS’ nationwide quality improvement contractors – to include the training in the action plans that QIOs develop in collaboration with each nursing home they assist. This will help ensure that nursing homes are building the training into their existing quality improvement efforts.
Saturday, August 15, 2020
COVID-19 Pandemic Borrowing from Family at Ultra-low Rates Creates Estate Planning and Tax Challenges
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Photo 44168004 © Marco Scisetti | Dreamstime.com |
“People are risking their own money for their brother, sister, kids, grandkids,” says Rebecca MacGregor, an estate planning lawyer with Bowditch & Dewey in Boston, Massachusetts. She’s recently set up intra-family loans in the case of clients trying to hold onto a gas station, a third-generation Italian restaurant and a fifth-generation insurance agency. “No one is singing the praises of the family and friends who are saving these small businesses,” she says. “They’re unsung heroes.”
- Short-term — Three years or less: 0.17%
- Mid-term — More than three years and less than nine years: 0.41%
- Long-term — More than nine years: 1.12%