Elder Law Center

One Essex Street

Saugus, Massachusetts 01906

Telephone 781.233.4444   Fax 781.231.2222

December 30, 2004

 LONG-TERM CARE EDUCATION

Well, it’s the end of another year. And for MassHealth(Medicaid), it’s been a year of ups and downs. There were too many “downs” to fit into this article, so let’s stick with the “ups”. For MassHealth, the major “up” was the repeal of the expanded estate recovery. With the repeal of this law, the State may only make claims against your probate estate, if you had been in a nursing home on MassHealth. This law was only in effect for a short period and once our legislators saw how it affected the elders, they repealed it, and then overrode Romney’s veto to finally put it to rest.

           Hoping to end the year on a really positive note, we have the following Bills before our Legislature. I’ve added the Bill numbers.

 ·         Income First - Bill # HD3687 and SD1148 Representative Doug Peterson and Senator Mark Montigny

·        Community Spouse Resource Allowance – Bill# H.D.2629 and S.D. 1150 Representative Frank Smizik and Senator Mark Montigny

·        Transfer of Assets Waiver Repeal – Bill# H.D. 3609 and S.D.1369 Representative Frank Hynes and Senator Robert Creedon

·        Long Term Care Insurance & Estate Recovery – H.D. 730 Representative Kathleen Teahan

·        Personal Needs Allowance Restoration – H.D. 2207 and S.D. 1997 Representative Ann Paulson and Senator Steve Panagiotakos

·        Long Term Care Public Education Program – H.D.1004 Representative Ruth Balser

 This week’s article is a very simple one. It is about the Bill filed by Representative Ruth Balser to create a program of public information to inform elders and families of elders of their rights and options for long-term health care coverage.

 Right now, families who have placed a loved one in a nursing home usually get their information about MassHealth from family members of other families who have placed someone in a nursing home, the internet, the caseworkers at MassHealth or an attorney familiar with elderlaw. The intention of this Bill H.D. 1004 is to create a new source of information for these families.

 Getting information from other families is not the best idea. There are many rules, and exceptions to those rules, so something that might have worked for one family can not be guaranteed to work for another. Also, rules change frequently. What might have been a good idea last year, might not be so good right now.

 There are many caseworkers at MassHealth who have assisted families by giving them timely and money-saving information. My experience is that they will tell families, who need help, of some of the available financial options available to them. This is courteous and helpful but has shortcomings also. Application to MassHealth for benefits is usually done once the person has spent most of their money. The caseworkers are not available to do financial planning for you ahead of time.

 So what’s left? Visiting an attorney that is a member of the National Academy of Elder Law Attorneys is a good start. In Massachusetts we have over 500 attorney members so no matter where you live, an elder law attorney is not too far away. Although I can’t guarantee results, these attorneys have made a commitment, by joining a group that is dedicated to protecting the rights of the elderly and disabled.

 This Bill filed by Representative Ruth Balser is a noble attempt to give seniors information. My personal opinion is that for someone who has very little in the way of assets, this information could prove helpful. For those who own real estate, annuities, and other significant assets, there are simply too many rules, and exceptions to those rules to develop a “do-it yourself” MassHealth plan.

 I wish all of you a happy, safe and prosperous new year.

 HAPPY NEW YEAR !

 This article gives general information and not specific advice on individual matters. Persons wanting individualized advice on matters discussed should contact an advisor experienced in those matters. To the extent this article provides information on legal matters, it is based on law in effect in Massachusetts on the date of posting (laws in effect in other states are often quite different).

 Ronald H. Surabian is a CPA and attorney who works at the Elder Law Center in Saugus, Massachusetts. He also holds a masters in accounting and a masters in tax law. He currently serves on the board of directors of the Massachusetts Chapter of the National Academy of Elder Law Attorneys. If you have any questions please call me at the Elder Law Center, One Essex Street, Saugus, MA 01906 (781)233-4444. To view this or any prior article, please visit our web site at www.elderlawcenter.org

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