Beating The Medical
Assistance Trap!

I.

Who Pays The Bill For Long Term Care?

II.

How Much Can A Married Couple Keep From The Nursing Home?

III.

Why Can't Seniors Protect Their Assets Just By Giving Them Away?

IV.

How Can You Avoid The Medical Assistance Trap?

      

 

By:
L. Robert Frame, Jr.,
Esquire Law Offices of 
L. Robert Frame, Jr.


Email
 



(610) 431-3458




In today's article, I'd like to acquaint you with the Medical Assistance system as it relates to paying for long term care in a nursing home. We'll first take a look at the different sources of long term care payment, i.e., how nursing home care is paid for. I'll then review how much a married couple can shelter from the nursing home and the State. From there, I'll explain why seniors can't just give away assets to qualify for Medical Assistance. Finally, we'll examine a few of the many techniques we can implement to "Beat the Medical Assistance Trap!"

I.  WHO PAYS THE BILL FOR LONG TERM CARE?

     Most people never worry about nursing home costs because they assume that someone else - maybe Medicare, maybe private insurance - will pick up the tab. If you are in charge of handling the finances for a relative in a nursing home, this concern becomes yours. Chances are that no person, no government program, and no insurance coverage will step in and help you shoulder the financial burden of a nursing home stay for your loved one.

     Nursing homes are a big business. When a loved one enters a nursing home, someone has to pay the bill. But who that someone will be is often misunderstood. People often expect that one or more of the following resources will take care of the payments:

*

Medicare
* Private insurance
* Veterans Administration Benefits
* Medicaid (Referred to as Medical Assistance in Pennsylvania)
* Personal assets and savings
Relying solely on the last option can be ruinous. It doesn't take a trained mathematician to figure out what will happen to your savings if you have to foot the entire bill. The reality is that only one of these sources - Medical Assistance - is of much help. However, this still leaves most older Americans at risk of losing everything to a nursing home.

A.  Medicare

     Medicare is widely available, covering more than thirty million Americans.  It is federal health insurance for all persons over age sixty-five who are entitled to monthly Social Security or Railroad Retirement Benefits.  Even person under sixty-five are eligible if they have received Social Security disability benefits for two years.  Medicare offers protection for sick people, and since people who enter nursing homes tend to be very sick, then one would think that Medicare must cover these long-term care costs.

     Let's explode a dangerous myth right now: Medicare will not pay for most nursing-home costs! It can't be said any more clearly. Do not count on Medicare to pay for a nursing home. Of all those persons receiving Medicare benefits, only one-tenth of 1 percent of them are covered for nursing-home care. Yet people assume otherwise. An AARP survey indicates that 80 percent of Medicare beneficiaries believed that they were adequately protected from the high costs of long-term care by Medicare and their private policies.

B.  Major Medical Health Insurance

     Major Medical Health Insurance is even less helpful than Medicare. It covers only about I percent of all nursing home cost. Again many older Americans have been sadly misled into believing that their so-called Medigap, Medifil, MedSupp, or medical supplemental insurance policies will pay for any necessary long term care.

C.  Veterans Administration Benefits

     If an older person is a veteran, he or she may be entitled to limited nursing home coverage. VA benefits are available only if (1) the patient was in a VA hospital and is being discharged directly into a nursing home, or (2) the patient's need for a nursing home stems from a service-connected disability, which is defined as an injury or disease incurred or aggravated in the line of duty.

     Even if you or a loved one should qualify, Uncle Sam generally won't give you VA benefits for any more than six months unless you are suffering from a service-related disability.

D.  Medical Assistance

     Medical Assistance will cover long-term care in a nursing home; in fact, about 40 percent of our nation's nursing-home costs are paid by Uncle Sam and the states through the Medical Assistance program. Medical Assistance has become the largest payer for long term care. But there's a trap, and it's a huge one. To qualify for Medical Assistance, a person must either be poor or become poor.

     What is Medical Assistance? Medical Assistance is the nation's major public financing program for providing health and long-term care coverage to millions of low-income people. Initially designed to pay for the health care of recipients of welfare assistance and certain other needy people, by 1995, 35.2 million people--more than 1 in 10 Americans--were covered by Medical Assistance at a cost of $152.4 billion.

     Authorized under Title XIX of the Social Security Act, Medical Assistance is a means-tested entitlement program financed by the state and federal governments and administered by the states for coverage of specific groups of people and benefits through federal matching payments based on the state's per capita income. The federal share ranges from 50 to 80 percent of Medical Assistance expenditures.

     Who is Covered by Medical Assistance?  Being poor does not automatically qualify an individual for Medical Assistance. Only persons who fall into particular "categories" such as low-income children, pregnant women, the elderly and people with disabilities are eligible. Under the new welfare program, Temporary Aid to Needy Families (TAN), Medical Assistance eligibility is no longer automatic for families who receive cash assistance. Within federal guidelines, states set their own income and asset eligibility criteria for Medical Assistance. As a result, there are large state variations in coverage. Although Medical Assistance has increasingly been used to expand coverage to the low- income population, it covers only half of poor Americans. While the new State Child Health Insurance Program will expand coverage to low-income uninsured children either through Medical Assistance or a separate program, millions of low-income people will remain uninsured.

* 17.5 million children
*  8.0  million adults in families
*  3.9  million elderly persons
*  5.8  million blind and disabled persons

Although adults and children in low-income families make up nearly three-fourths of beneficiaries, they account for only 28 percent of Medical Assistance spending. The elderly and the disabled account for the majority (60 percent) of spending because of their intensive use of acute and long-term care services.

What Services are Covered Under Medical Assistance?

     Medical Assistance covers a broad range of services to meet the complex needs of beneficiaries. Because of the limited financial resources of beneficiaries, cost-sharing requirements are nominal. Of the $152.4 billion Medical Assistance spent in 1995, long term care services accounted for 35.4 percent of expenditures. Medical Assistance pays for half of total nursing home care (47 percent) and 14 percent of A home health spending in the United States.

     Long-term care is a major component of Medical Assistance. While over three-fourths of Medical Assistance spending for long-term care is on institutional services, Home-and Community- Based Service (HCBS) waivers are often used by states to deliver community-based care. Although all states have HCBS waivers, the population served remains small. States also now have the option to provide dual eligibles (Medical Assistance/Medicare) with acute and community-based long term care services under the Program for All-Inclusive Care for the Elderly (PACE).

     As the primary source of financial assistance for long-term care, Medical Assistance has been consistently shown to improve access to health care for the population it serves. Low-income people without insurance coverage use care at considerably lower levels than those with Medical Assistance coverage. As Medical Assistance struggles to meet multiple responsibilities under continued fiscal pressure, the program plays a critical role in providing acute and long term care services to our nation's most vulnerable people.

E.  Personal Assets and Savings

     If you do pay for a nursing home, you will pay until the money runs out. About one-half of all long term care is paid by elderly Americans and their families. A spouse has a legal obligation to pay medical costs-including nursing-home bills-for an ill spouse unless he or she qualifies for Medical Assistance. Children and their family members do not have any legal obligation to pay.

     Most older citizens have annual incomes of less than $13,000. When you compare this figure with average annual cost of nursing home care in Pennsylvania in 2000 - over $55,000.00 - you can see that older Americans have a real problem.

     If a person starts early in life, can he or she save enough to avoid impoverishment? That would be the ideal solution. Unfortunately, it's not very realistic. Let's say that starting at age forty, your father and mother put $1,000 each year into an interest-bearing account. Sound good to you? Well, it's not good enough. Twenty-five years later, they wouldn't have saved enough to pay for even one year in a nursing home!

     As you can see, a family's life savings is at serious risk when a love one enters a nursing home. Insurance carriers have just within the last 3 years started to work on creating an equitable and affordable safety net to protect the average American - long term care insurance. However, this won't help those in their 70's or 80's. This means that you will have to develop your own plan of action, unless you don't mind playing the dangerous game of nursing home "Russian Roulette."

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