|
Elder Law - Medicaid Issues
Last Updated: 4/27/2001
Family members face some tough and traumatic issues when a loved one reaches the point of needing long-term nursing care.
Of course, there is the worry about the welfare and comfort of the patient. Often, there is also concern about finances--and with good reason,
with nursing care costs averaging $4,000 to $6,000 per month in my area of the country.
For families whose loved ones have qualified for Medicaid assistance–or even for those thinking about applying for such
assistance–there may be additional worries. Family members will often fear that as a Medicaid patient, their loved one will be a "second
class citizen" and receive inferior care from the nursing facility compared with someone who is paying privately or through insurance.
In my professional and personal experience, this fear is completely groundless. Moreover, as I always remind family members, it is against
federal law for a nursing facility to discriminate among patients based on their source of payment. Any such discrimination carries a stiff
penalty for the institution involved.
Secondly, a family that has preserved assets can tap into those funds to make the loved one more comfortable and
content, to enhance his or her lifestyle in meaningful ways. Remember, Medicaid law permits the nursing home resident to keep only $35
of any income for his or her personal use; the rest goes to the nursing facility. With extra assets in your family’s pockets, your
loved one can be given some extra "TLC." For example, a private-duty aide can be provided some of the time. Perhaps a grandchild
dearly wants to fly down to visit with her incapacitated grandfather but lacks funds to pay for airfare. Conserved assets can underwrite
this, too.
If all assets are depleted, dissension can sometimes arise among family members over who should pay for what.
Who will pay for the cab that will take an aging father to a grandchild’s birthday party across town? The child’s parent or all the
patient’s adult children? Do all the adult children agree Mom should be treated to a weekly hairset, and do they all pitch in equally?
When the patient has assets preserved, they can be used to provide these extras, and head off any potential family squabbles in the bargain.
Article Credit: The Karp Law Firm (offices in Palm Beach Gardens, Port St. Lucie, and Boynton Beach, Florida)
Contact Linda Rich to assist you with your elder law issues.
|