August 2018 Top 5 Nursing Home Medicaid Myths
As many of you know, we offer complimentary phone
consultations to address questions about estate planning, VA benefits, probate,
guardianship, Medicaid issues, and long-term care concerns. On average our office receives about 150
incoming phone calls each month. Most
callers are looking for a quick answer or referral, and we are usually able to
give them some good direction over the phone in less than 20 minutes. For about one-third of the callers, an
in-person consultation is needed with one of our Certified Elder Law Attorneys.
So, for about 100 callers, we provide complimentary information on common elder
law issues; and for about two-thirds of those callers, clarification on
Medicaid eligibility criteria is all that is needed. There is a huge amount of misinformation in
the community about how Medicaid works. This month’s newsletter addresses the
top 5 Medicaid myths that folks call our office about.
#1) My dad makes too
much money for Medicaid. “I was told to call your office to ask about
Medicaid, but I know there’s no way my dad can qualify for Medicaid. He makes
too much each month. He’s been in the
nursing home for rehab, and we think he needs to stay there. He can no longer
walk or feed himself. There’s no way we
can afford the nursing home, and I really don’t think he can get
Medicaid.” We hear some version of this question almost
every day. How do you know if you have
too much income for Medicaid? Georgia
does have an income cap (or a maximum amount that you can make and still
qualify for Medicaid). For 2018, that
cap is $2,250/month of gross income, and this includes retirement checks, IRA
distributions, rental income, etc.—all sources of income are counted towards
the income amount. The cost for a
nursing home averages $8,500 in the Metro Atlanta area. So, does this mean that
a person with a monthly income of $3,000 cannot qualify for Medicaid? How can
they pay the $5,500 difference between their income and the cost of the nursing
home?!?! In reality, a person can qualify for Medicaid as long as their income
is less than the private pay rate of the nursing home. In other words, as long as a person makes
less than $8,500 in income (or whatever the cost is at their nursing home),
they can qualify for Medicaid from an income standpoint. But what about the
$2,250 income cap? If a nursing home
resident makes more than $2,250/month but less than the private pay rate at the
nursing home, they have to use a Qualified Income Trust (or Miller Trust) in
order to qualify for Medicaid. This is an extra hoop that they have to jump
through, but they can still be eligible for nursing home Medicaid. For more
information on the Qualified Income Trust, please click here: https://hurleyeclaw.com/qualified-income-trusts/
#2) I will lose my
house to Medicaid. In most cases your home is an exempt asset for Medicaid
eligibility purposes. In other words,
you can usually own a home and still qualify for Medicaid. Our state does have
a Medicaid Estate Recovery Program; and the state can make a claim against the
value of your house after you die for up to the amount that Medicaid spent on
your care. Fortunately, there are ways to protect your property and minimize
your exposure to Estate Recovery. To learn more about the Medicaid Estate Recovery, please click here: https://hurleyeclaw.com/practice-areas/medicaid-planning-in-georgia/ #3) I won’t have any
money to live on if my husband gets on Medicaid. “My spouse has just transitioned from rehab to long-term care at a nursing
home. They have been talking to me about Medicaid, but I’m scared that I
will have no money to live on if he gets on Medicaid. Maybe I should just bring
him home.” Many spouses fear that they will have no money to live on if they
try to pay for nursing home care for their ill spouse. The $8,500 private pay
cost or the idea of Medicaid seems intimidating and untenable. We encourage our clients to always first
focus on the appropriate level of care.
Connect your loved one with the right level of care and then figure out
how to pay for it. If your spouse needs nursing home level care and would do
better there than at home (or if taking care of them at home would be too
detrimental to you—also a very important consideration), there are ways to pay
for the nursing home without going broke. You may be eligible to receive
a portion or all of your spouse’s income even if Medicaid is paying for the
cost of their care. Georgia has a Monthly Maintenance Needs Allowance that
protects the spouse at home from impoverishment. Also, Georgia allows the
spouse still living at home to keep over $120,000 in assets and still allows
the spouse in the nursing home to receive Medicaid. To learn more about how Medicaid works for
married couples, please click here: https://hurleyeclaw.com/resources/resources-for-professionals/medicaid-resources/medicaid-for-married-couples/
#4) Medicaid is only for extremely poor people. It
is true that Medicaid has income and asset tests and that a person must prove
that they are in need of these benefits. At $7,000–9,000 per
month or more for the cost of a nursing home, many families that always
considered themselves “middle class” are relying on Medicaid to help pay for
nursing home care. In a sense, Medicaid
has become the long-term care insurance of the middle class and many more
qualify for these benefits than ever expected.
To learn more about the Medicaid income and asset limits, please click
here: https://hurleyeclaw.com/practice-areas/medicaid-planning-in-georgia/
#5) The nursing home
will apply for Medicaid for me and make sure I get everything that I am
eligible for. While many nursing homes will process Medicaid applications as a
courtesy to their residents, their priority is on making sure that they get
paid for the services they deliver.
Nursing homes are not focused on helping their families preserve assets
or in making sure their families become eligible for every benefit they are
entitled to. It falls on each family to
seek out appropriate consultation on their rights, and that is where certified
elder law attorneys are helpful. Our
knowledge and experience help families navigate the complex issues related to
Medicaid laws, long-term care needs, VA benefits, and estate laws.
If you are interested in learning more or would like a
complimentary phone consultation with our intake coordinator, please contact our office at info@hurleyeclaw.com
or 404-843-0121.
|  |
 | Family Business
We have two more Hurley and Lewis offspring leaving the nest at the end of August. Miles and Joanna’s middle son, Graham, has graduated from high school and will be attending George Washington University in Washington, D.C. come fall. Kim’s youngest son, Harrison, will be leaving for the University of North Carolina at Chapel Hill to begin his college career. We are so proud of these two young men and cannot wait to see what the future has in store for them!
|
|
|
Upcoming Speaking Events and CEsContinuing Education (CE) *All CE topics are certified for case managers, nurses and social workers
What healthcare documents does everyone really need
and exactly how do they work? What are the repercussions of needing care and
having no documents in place? What options do healthcare providers have when
families need to take action? This seminar will review the essential documents
every adult needs including the General Durable Power of Attorney, The Georgia
Advance Directive for Healthcare and various other documents that may be
recommended. 11:30 AM-12:00 PM Registration & Lunch, 12:00 PM-1:00
PM CE Education, Garden Plaza at Lawrenceville, 230 Collins Industrial Way, Lawrenceville, GA 30043, RSVP: gardenplazace2018.eventbrite.com
Knowing the options available and planning for
the unexpected loss in functional and cognitive capacity is the best way for
healthcare professionals to advise their patients and families. The earlier you
plan, the more options are available. Dementia is hard enough when there is a
plan in place; dementia with no plan will leave families exhausted, stressed
and financially distressed. 5:30 PM-6:00 PM Registration & Dinner, 6:00 PM-7:00 PM CE Education, Sunrise Ivey Ridge, 2950 Old Alabama Road, Alpharetta, GA 30022, RSVP: sunriseiveyridgece.eventbrite.com
Knowing the options available and planning for the unexpected loss in functional and cognitive capacity is the best way for healthcare professionals to advise their patients and families. The earlier you plan, the more options are available. Dementia is hard enough when there is a plan in place; dementia with no plan will leave families exhausted, stressed and financially distressed. 5:30 PM- 6:00 PM Registration and Dinner, 6:00 PM-7:00 PM CE Education, Provident Village at Canton, 1100 Reinhardt College Parkway, Canton, GA 30114 RSVP: providentvillagecantonce.eventbrite.com
The decision to transfer a family member to a nursing home can be a difficult one. It is the family’s responsibility to explore facilities and to make decisions about which facilities can best meet the patient’s financial, physical, and social needs, but health care providers also play a crucial role. Case managers and social workers must understand how to complete the DMA-6 and Level 1, how to navigate the options, and how to advise families on paying for nursing home care. 5:00 PM- 6:00 PM Registration and Dinner, 6:00 PM-7:00 PM CE Education, The Fountainview Center, 2631 North Druid Hills Road, Atlanta, GA 30329 RSVP: fountainviewce.eventbrite.com
Healthcare professionals are being challenged with meeting the needs of an older population that is living longer with more complex issues and fewer family supports than ever before. Do you ever feel overwhelmed/lost when dealing with this population? This seminar will offer guidance for professionals dealing with the new aging family. We will explore elder orphans, elderly immigrants, and blended families. 5:30 PM- 6:00 PM Registration and Dinner, 6:00 PM-7:00 PM CE Education, Pebblebrook at Park Springs, 5610 New Bermuda Road, Stone Mountain, GA 30087 RSVP: pebblebrookparksprings.eventbrite.com
Community Events
Wednesday, August 29- Join Joanna Hurley of Hurley Elder Care Law as she
presents "You Don't Know What You Don't Know" at Freeman Poole Senior
Center The options for paying for long-term care are limited. Did
you know that Medicare will not pay for home care or assisted living community
care? Do you know what Medicaid provides? Most families do not realize their
limited options until they are in a crisis—usually when their loved one is
about to be discharged from a hospital. Making decisions while in a crisis can
be stressful and result in bad choices. This seminar is intended to provide
information prior to a crisis. Learn how to best find, get and pay for good
long-term care. 1:00 PM- 2:00 PM, Freeman Poole Senior Center, 4025 South Hurt Road, Smyrna, GA 30082, RSVP: Merline Beavil, 770-801-3400
For more details and a complete list of upcoming events, please visit Hurley Elder Care Law Community Education.
|
|
|
|
|
|
Miles P. Hurley, JD, CELA
Miles P. Hurley founded Hurley Elder Care Law in 2006 to provide legal assistance to the elderly population on issues relating to aging including retaining independence, quality of life and financial security. Mr. Hurley is one of eleven attorneys in the state of Georgia to receive the Elder Law Attorney Certification, and one of approximately 400 nationwide.
|
|
|
|
Hurley Elder Care Law is dedicated to the process of long-term care and estate planning. Call us today for a free phone consultation with a client coordinator at (404) 843-0121.
|
|
|
|
Like us on Facebook! Like us on Facebook to stay informed about our events and important elder law information.
|
|
|
Follow us on Twitter! Follow us on Twitter, to stay up to date on important elder law information and Hurley Elder Care Law news.
|
|
|
Connect on LinkedIn! Connect with us on LinkedIn for updates on our upcoming CE presentations and helpful elder law information.
|
|
|
Hurley Elder Care Law 100 Galleria Pkwy, Suite 650 Atlanta, GA 30339 404-843-0121
Satellite Offices 2011 Commerce Dr. Suite 100, Peachtree City, GA 30269 225 Creekstone Ridge, Woodstock, GA 30188 6340 Sugarloaf Pkwy. Suite 200, Duluth, GA 30097 |
|
|
