Trends in Medicaid Restrictions

Last year saw two huge trends in Medicaid restrictions: work requirements and a change in retroactive coverage. Several states have been approved for these Section 1115 Medicaid waivers and are already implementing these changes. Other states have applied for waivers that are pending. In this issue of The ElderCounselor, we will explain what a Section 1115 Medicaid waiver is, how work requirements and retroactive Read More

New Law Includes Protections for Flyers with Disabilities

On October 5, 2018, President Trump signed the Federal Aviation Administration Reauthorization Act of 2018. This bill (H.R. 302), which reauthorized the Federal Aviation Administration (FAA) and other programs through 2023, also contains several important provisions to improve travel for people with disabilities. According to the Census Bureau, about one in five Americans has some kind of disability, and one in Read More

New Executive Order Changes Process of Hiring Administrative Law Judges

  Volume 9, Issue 5 New Executive Order Changes Process of Hiring Administrative Law Judges  President Trump recently signed an Executive Order that changes the process for selecting administrative law judges (ALJs). ALJs conduct trial-like hearings within federal agencies in disputes over decisions such as claims for benefits and enforcement actions against individuals or businesses. Read More

How to Handle Sibling Disputes Over a Power of Attorney

A power of attorney is one of the most important estate planning documents, but when one sibling is named in a power of attorney, there is the potential for disputes with other siblings. No matter which side you are on, it is important to know your rights and limitations. A power of attorney allows someone to appoint another person -- an "attorney-in-fact" or “agent” -- to act in place of him or her – the Read More

VA’s Telehealth System Now Operational Nationwide

  On June 11, the Department of Veterans Affairs passed a major milestone with the introduction of a telehealth system known as “anywhere-to-anywhere.” This system allows qualified practitioners to access the VA’s telehealth system and provide care to patients across the nation. This issue of The ElderCounselor will take a closer look at this telehealth system, which is part of the VA Mission Act. One Read More

Understanding the Importance and Implications of Guardianships and Conservatorships

  Often in estate planning, attorneys present the idea of guardianship and/or conservatorship as a bad thing - something to be avoided. In a perfect world, we could move through our lives from cradle to grave without such things as guardianships and conservatorships. But in order to achieve this perfect world, we have to do advance planning to provide for our own care if we become impaired or Read More

Five Things that Elder Law Attorneys are Thankful For

1. The Ability to Help Clients Plan Before a Crisis Happens Elder Law attorneys care greatly for their senior clients and like to see things go smoothly for them, especially as difficult issues arise, such as finding and paying for long-term care.  Clients who understand the need to plan early are more likely to find a smooth path into these transitions. While typical estate planning includes planning for Read More

Medicare Advantage Plans to Offer Greater Benefits in 2019

On April 2, the Centers for Medicare & Medicaid Services (CMS) expanded how it defines the “primarily health-related” benefits that insurers are allowed to include in their Medicare Advantage policies. As a result, when these plans roll out their coverage for 2019, new benefits may include air conditioners for people with asthma, healthy groceries, rides to medical appointments, home-delivered meals, and Read More

Medicaid and Work Requirements

On January 11, the Centers for Medicare and Medicaid Services (CMS) issued a State Medicaid Director Letter providing new guidance for Section 1115 waiver proposals that would impose work requirements in Medicaid as a condition of eligibility. As of press time, CMS has approved work requirement waivers for Kentucky, Indiana and Arkansas. As many as 13 other states have pending waiver requests and/or have stated Read More

Underestimating the Risk of Disability – The Importance of Being Prepared

No one likes to think about the possibility of their own disability or the disability of a loved one. However, as the statistics below demonstrate, we should all plan for at least a temporary disability. This issue of The ElderCounselor TM examines the eye-opening statistics surrounding disability and some of the common disability planning options. Disability planning is one area where we can give each and every Read More