Everyone knows about the COVID Elder Plague now. The facts are well accepted. Victims are overwhelmingly older. And in long-term care facilities. Tragic truth: nursing home residents are 70 times more likely to die of COVID. Executive Orders in New York, New Jersey and Michigan have been deadly.

Last summer, we gave you the good news about at home care. Emergency, limited changes to the Program of All-inclusive Care for the Elderly (“PACE”). New opportunities for thousands of families to get at-home care without more sacrifice. Keep life savings, cottage, farm, rental properties, business. No Poverty! If you follow the rules. Care services: free. Income: keep it. No co-pay, doughnut hole or other payment.

Many Michigan families acted immediately. We have helped dozens secure at-home care for their loved ones. PACE saves families from the deadly COVID virus stalking long-term care facilities. But we warned you: “COVID-19 emergency rules are temporary. The benefits are permanent. When the emergency is over, these favorable rules will be gone.”

The rules expired November 1, 2020. But now, the emergency rules were extended to April 1, 2021. Five more months for families to get back a little of what they have paid in. That is a big deal. Let’s not put it off again.

Threat to Middle Class Security

You are middle class. You have worked and saved. Since you were 10 years old. You and your spouse have a bit set aside. You are fine! But then…
You are caring for your loved one at home. You applied for help. Rejected! Too much income. Too much savings. A cottage, a business, a farm, stocks, bonds, IRA. Your financial advisor, the accountant, your lawyer. All say the same thing: You must “spend down” all you have achieved. No help until you are broke.

Medicaid Five Year Look-Back

The emergency rules eliminate the “Five Year Look-back”. You truly can preserve what you have earned. Thousands more families could benefit. But tragically, they refuse to believe it is possible. Healthy skepticism hardens into stubborn rejection. Everyone suffers. Clinging to the idea that it is “too good to be true” or “fake news”? Talk to folks who are uncertain and suspicious. Accurate information and proof beat unfounded fears every day.
Fact: You do not have to accept nursing home poverty for yourself or your loved one.

P.A.C.E. Qualifications

Answer Yes to 3 Questions:
1. Need help with activities of daily life? Memory problems? Oxygen therapy? Blindness? Dialysis? These are just a few of the many ways to qualify.
2. Are you safe at home?
3. Social security (gross) less than $2349? (Special rules for pension income.)

We can do the homework together. Most families benefit. Hugely. But it costs nothing to find out.

Get Answers Now: 800-317-2812.

Benefits of Program of All-Inclusive Care for the Elderly

What can PACE do for me? Why not find out? Your team is standing by. PACE is doctors, therapists, dieticians, nurses, physician assistants, administrators. All working together to provide your best solution. Want more detail? Call us.

PACE includes:
On-Site Physician/Medical Supervision; Nursing Care; Physical Therapy; Occupational Therapy; Recreational Therapy; Activities and Exercise; Breakfast, Lunch, Snack; Nutritional Counseling; Social Services; Dental Care; Audiology; Optometry; Podiatry; Women’s Services; Dentistry and Dentures; Optometry and Eyeglasses; Audiology and Hearing Aids; Podiatry, Diabetic Shoes and Orthotics; Cardiology; Rheumatology; Lab Tests; Radiology; X-Rays; Outpatient Surgery; Primary Care Physician: On call 24 hours a day, seven days a week; Skilled Nursing and Assisted Living; Personal Care; Chore Services; Meal Preparation; Emergency Room Visits; Hospitalizations; Inpatient Specialist; Skilled Inpatient Rehabilitation; Transportation Services; Prescriptions; Over-the-Counter Medicines; Transportation; Respite Care and Caregiver Education; Wheelchairs; Walkers; Oxygen; Hospital Beds; Diabetic Testing Supplies; Adult Day Care.

No Poverty. No Charity. No Waste.

We are your team, united by 3 goals and 1 mission.
1. No Poverty. Your family will NOT go broke.
2. No Charity. You paid for these benefits with a lifetime of work and taxes. You earned this.
3. No Waste. Your beneficiaries get whatever is left. For certain.

How Much Time Do You Think You Have? Why Waste It?

Get the straight story. Your loved one is counting on you. Satisfy yourself that you have the right information. It is simple and free. Call and schedule your Discovery Meeting where we will learn about your unique situation and guide you through the process.

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Are you concerned about your memory?

Carrier Law is partnering with the Alzheimer’s Alliance at Michigan State University to offer FREE memory screenings.

A memory screening is conducted by a trained memory screening administrator and can help determine if further evaluation is needed. A screening cannot diagnose a disease and is not recommended for persons already under a physician’s care for dementia or Alzheimer’s disease.

The screening is free, confidential, and takes approximately 45 minutes. We will be offering memory screenings by appointment from 11:00am-2:00pm on the dates listed.

SCREENING DATES
Tuesday: March 10
Tuesday: April 14
Tuesday: May 12
Tuesday: June 9
Tuesday: July 14
Tuesday: August 11
Tuesday: September 8
Tuesday: October 13
Tuesday: November 10
Tuesday: December 8

LOCATION
4965 E Beltline Ave NE
Grand Rapids, MI 49525

REGISTRATION REQUIRED
To make an appointment, contact Christin Carpenter at (616) 234-2844 or carpe374@msu.edu.

The post Free Memory Screenings appeared first on Carrier Law.

A health care crisis can arise in an instant – even for the healthiest person – so every estate plan should have a health care component. This provides the powers and instructions to your loved ones and doctors to carry out your wishes should you be unable to express them.  The proper health care documents should be drafted by an experienced Estate Planning law firm, such as Carrier Law.

There are several forms to consider:

1. HCPOA – The Health Care Power of Attorney document is a critical document for all adults – probably the most important document on this list. When properly drafted, it allows a patient advocate to make health care decisions when the patient is not competent. It can allow the patient advocate to sign a POST – Physician Orders for Scope of Treatment. It can also cover HIPAA situations. Caution: When being admitted to the Hospital or other facility, you are often asked to present or sign a Health Care Power of Attorney (HCPOA). If you already have such a signed HCPOA, bring it with you – especially one drafted by Carrier Law. Our Health Care Power of Attorney document is much broader than most, and signing a new one could revoke it. (Most HCPOAs have language stating that upon signing the document you revoke all prior HCPOAs.)
2. HIPAA Authorization – (Health Insurance Portability and Accountability Act) This authorization is used to allow the personal representative to obtain medical records, billing records and communicate with health care professionals.  It is not used to make medical decisions. It can be used even if the patient is competent.
3. Care Directive – Provides instructions to others as to what the patient’s wishes are for certain care that might be provided. Each care directive is unique in what the instructions provide. It may cover items such as: Living Will issues, life-sustaining treatment, artificial nutrition and hydration, and comfort care. It could include organ donation wishes, funeral and burial instructions, and instructions regarding an autopsy. These are all very important wishes for many people. Carrier Law recently updated their Care Directive instructions to be more comprehensive. If you previously filled out a Care Directive with Carrier Law and would like to update it, you can download a copy of the new version here.
4. POST (Michigan Physician Orders for Scope of Treatment) – This document is put into place when the patient has less than one year to live. The POST form must be signed by the patient’s physician, the PA, or nurse practitioner. It is a standard State of Michigan form that details the patient’s end-of-life care wishes. It covers: resuscitation, ventilation, defibrillation, and comfort measures. The recommended time to complete this document is when the patient is being discharged from a hospital and is going home, to a nursing home, or other location outside of a hospital.
5. Funeral Representative Designation – A funeral representative is a person designated in a legal document as having authority to make decisions concerning the handling, disposition, or disinterment of a decedent’s body. The funeral representative is authorized by statute to make decisions regarding cremation and has the right to retrieve from the funeral home and possess cremated remains of the decedent immediately after cremation.
6. Guardianship – A Guardianship (which is set up through Probate Court) can often be avoided with the proper legal health care documents in place before a crisis arises. A Guardianship is often a more expensive and time-consuming proposition, compared with the properly drafted health care documents.

How do these health care documents compare, and do I need all of them? That depends on your life stage and overall health.
Click below for a visual comparison of each document.

The post Health Care documents: what do you need? appeared first on Carrier Law.

Carrier Law has added to its Estate Planning and Elder Law arsenal of tools a HIPAA authorization in accordance to the Health Insurance and Accountability Act’s provisions.

What is HIPAA?

HIPAA is an abbreviation for “Health Insurance Portability and Accountability Act”. In 1996, Congress enacted HIPAA to protect individually identifiable health care information from being disclosed to an unauthorized individual. In 2002, the Department of Health and Human Services (DHSS) finalized standards for the electronic exchange, privacy and security of health information.

HIPAA requires any health care entity, including a physician’s office, a hospital or other health care facility, or an insurer, that deals with personal health information to follow strict rules about how to handle protected information. For example, Health and Human Services allows physicians and insurance companies to exchange individually identifiable health information to pay a health claim but would not allow them to release it publicly.

HIPAA also limits the ability of a new employer health plan to exclude coverage for pre-existing conditions. This means a person who has health insurance coverage can change jobs — and therefore health plans — without worrying that a condition that they already have, such as diabetes or asthma, would not be covered under the new health plan.

Some Pros and Cons of HIPAA

Pros

HIPAA benefits for the patient:

• Grants the patient the legal right to see, copy, and correct their personal medical information.
• Prevents employers from accessing and using personal health information to make employment decisions.
• Enables patients with pre-existing conditions to change jobs without worrying that their conditions would not be covered under a new employer’s health plan.

Cons

HIPAA’s effects have not all been positive.

• In a time of a medical crisis, a patient may be incapacitated and not able sign a HIPAA authorization granting someone access to needed medical information. Therefore, the HIPAA authorization must be signed and in place before the medical crisis arises.
• The American Medical Association claims that the HIPAA regulations are a tremendous burden on the doctors and healthcare providers to comply with the complicated rules.
• HIPAA has spawned a mini-industry of companies and consultants who help medical professionals comply with the law’s lengthy provisions. All adding to the cost of healthcare.
• Some professionals who deal with medical paperwork have become overcautious about releasing protected information. For example, some physician’s offices now refuse to mail test results, requiring patients to pick them up in person. Some hospitals require physicians to submit written requests on their own letterhead for information on a patient’s condition, when the law allows this information to be provided by phone.

Carrier Law Cares

To make sure you are prepared in a time of medical crisis to allow authorized individuals access to your health care information, Carrier Law will provide, upon request, free of charge to all Carrier Law’s past and current clients a HIPAA authorization. Call our office for details.

To download our HIPAA form, click here.

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