Health Care Reform and People with Special Needs

We’ve come across a terrific article that we are running in the next issue of the “Senior Sunshine Times. ” The following breaks down the new health care reform policy as it pertains to people with special needs, including seniors.  The article and more information can be found at the Special Needs Answers website.

Health Care Reform Offers Something Old, Something New for People With Special Needs

Although it took more than a year of back and forth, a comprehensive health care reform bill and an associated reconciliation bill finally passed both houses of Congress and were signed into law by President Obama. People from both sides of the aisle have complaints about various portions of the legislation, but it is clear that the new law will have far-reaching consequences for people with special needs. Since the size of the law is staggering, we have highlighted some of the most important features of health care reform as it pertains to people with special needs.

Funds to Move People from Institutions into the Community

The Community First Choice Program will offer states that develop community support programs for people with disabilities partial Medicaid reimbursement from the federal government. States that participate in the program would have to create specialized programs that specifically help people with special needs who require an institutional level of care move into the community. Most of the suggested programs will focus on providing in-home support and attendants. The program is funded for five years, but can be extended in the future if necessary.

Insurers Will Not Be Able to Refuse Coverage to People With Pre-Existing Conditions

One of the most talked-about provisions of the new law prevents health insurance companies from denying coverage to people with pre-existing medical conditions. People with special needs who do not receive comprehensive health insurance coverage through government programs or a relative’s health insurance have routinely been denied private coverage because of their special needs. The new law prevents insurance companies from denying coverage based on these pre-existing conditions. This portion of the law will not apply to coverage for adults until 2014, but children with pre-existing conditions should be covered under the new law this year.

No Lifetime Limits on Coverage

No matter the amount of care an insured receives, she will be able to keep her insurance coverage.

Children Can Remain on Parents Policies until Age 26

Parents will be able to keep children on their medical insurance until their children reach age 26, whether or not they are in school. Insurance policies differ considerably on coverage they provide the children of insured beneficiaries.

Extension of Mental Health Parity

The Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 recently took effect for group insurance plans covering more than 50 people. This law requires plans that include coverage for mental illness to provide that coverage on an equal footing with coverage for other medical conditions. For instance, insurers are no longer allowed to charge higher co-pays for visits to mental health professionals than they would for visits to medical doctors. The health care reform law eventually extends mental health parity to all plans, regardless of the number of participants, and it goes one step further by including mental health care as “essential” care that plans are required to cover.

CLASS Plan Allows Voluntary Purchase of Long-Term Care Insurance

Despite the best efforts of insurance industry lobbyists to kill it, the new health care reform law includes the CLASS (Community Living Assistance Services and Supports) Plan, a program that allows individuals to purchase long-term care insurance from the government. Those who wish to participate would pay a modest premium (yet to be determined, although originally estimated to be $65 a month). After they had contributed for at least five years, participants would be eligible for a benefit that would vary depending on functional ability but that would average at least $50 a day. While the benefit would be modest compared to the average cost of nursing home care, it could be used instead to pay for a range of services that would help people stay in their homes. The CLASS program could be of greatest use for those people with special needs who do not require full-time nursing home care, but who will need additional in-home care as they get older.

New Office Will Help Integrate Medicaid and Medicare Benefits

A sizable number of people with special needs, known as “dual eligible” beneficiaries, receive both Medicaid and Medicare. As anyone with a dual eligible family member knows all too well, coordinating the various benefits offered by Medicaid and Medicare is next to impossible. What makes matters worse is that some provisions of Medicare law, especially prescription drug coverage, can directly contradict and cancel out better coverage offered by Medicaid. The health care reform law will create the Federal Coordinated Health Care Office to coordinate between the two programs and encourage the states to provide a higher level of care to dual eligible beneficiaries.

Dramatic Expansion of Medicaid

Current federal regulations require states participating in the Medicaid program to provide coverage for children in families living under the federal poverty level, and to extend coverage to their parents in certain situations. Although people who qualify for Supplemental Security Income (SSI) often obtain Medicaid benefits, for the most part adults who do not have severe disabilities and who do not have children have a hard time getting Medicaid. Under the health care reform law, states must offer Medicaid to all adults making less than 133 percent of the poverty level by 2014. This dramatic expansion of Medicaid could provide benefits to many people with special needs who do not otherwise qualify for the program because they are able to work, albeit in low-paying jobs. States that want to begin offering these benefits immediately can apply for federal funding of Medicaid expansion beginning this week.

Higher Medicaid Payments to Doctors

It can often be difficult to find doctors who accept Medicaid because of the program’s low reimbursements, which average only 72 percent of rates paid by Medicare. In 2013 and 2014, Medicaid’s reimbursements to doctors will rise to the same level as Medicare, making it more likely that a doctor will participate in the program.

Additional Training For Workers Who Assist People With Disabilities and Funding for Research

The new law also designates funds for the training of behavioral health workers who assist people with special needs. Funds are also set aside for private research institutes devoted to researching mental illness.

Understanding

Any conversation, any argument, and lesson, any class, and just about any fight (excluding those based on the concept of greed) have one main goal in mind, and that is understanding. One side, or both sides, is trying to get the other to understand them. Even right now, I am trying to get anyone who reads this to understand… understanding. Understanding means more than just getting the simple message, but it also entails understanding the motives and intent behind the message. For example, I want you to move into a retirement center is a simple enough message to get across. However, that can be interpreted as, you want to get them out of your hair, or it can be interpreted as your care and concern for them thinks it might be best if they were to go to a retirement fascility. See, it is much more complicated than just the message.

With that in mind, it’s not just what you say, but how you say it. It’s the energy in your words as you say it, as well as the words you use. The way it is presented, to help lead to an interpretation that will best resemble the intended message, AND it’s intended emotion behind it.
I am sure many have you have heard the saying, “true learning comes from within” or “understanding comes from within”, but just with anything, actually UNDERSTANDING what these sayings mean is a very difficult process. They get tossed around and teased in martial arts parodies; however they hold true value in their inner meaning. They are 100% true that the only real teacher that exists is self. What I mean by this is: no matter how good the lesson is, how well the message is presented, how amazing the one delivering the lesson is at doing so, in the end, the person receiving the message still has to be the one to translate it and understand it.

There are many many many tools out there created to attempt to help aid one person relay their understanding to another person, or said from a different perspective, to help one person elay their perspective to another person. One of the oldest and best tools out there for this, is analogy and metaphor. Fables and “morals at the end of the story” have been used for millennia in order to help relay a particular understanding from one person to another, or from one person to a group of people. By following the story, or the situation, one can then relate it to the situations that occur in their own life and not just hear the message, but ACTUALLY understand it.

This I believe is one of the major problems with our current schooling system as we do not test the understanding of the material so much as we do the ability to memorize the words used to attempt to relay the understanding. For example, if I told someone that the derivative of x^2 is 2x, they may now claim to know the derivative of x^2. But this does not mean they have any idea what a derivative is, though if the test asked them the question they would get it correct.
Anyway, off track, the important thing to note here is to always do your best to understand the message, and the intended meaning behind it. Always do your best to relay your emotion, and not just the message.

Philosophy Blogs

About SilverCensus:
SilverCensus is an unbiased senior living and health services resource where consumers are educated on options, facilities & rights. Our services are completely free for seniors and their caregivers as well as Hospital Case Managers & Social Workers who are committed to proper discharge.  Clients include assisted living residences, rehabilitation facilities, skilled nursing homes, home healthcare agencies, HUD developments & independent living communities.  We also provide free VA assistance for Veterans and their spouses.  Our Care Managers are standing by 24/7 at 888-776-1311 or through the web at: SilverCensus.com


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Beware of Scams

As the economy gets worse, the number of scams increase and our seniors and disabled are the most vulnerable communities to these scam artists. We offer these tips in order to help you increase your financial safety.

Free Annual Credit Report
By law, you are entitled to one free credit report per year.  There is only one government-affiliated program where this is available for free: AnnualCreditReport.Com. Its phone number is 1-877-322-8228. Information is available at the Federal Trade Commission website: http://www.ftc.gov/freereports. 
All other websites are commercial, for-profit, and/or out to get your financial information.

HR 5140 Economic Stimulus Act of 2008
This was a law designed to provide economic stimulus through debt relief.  However, many private companies offer services and mention the Consumer Debt Relief Initiative (HR 5140 Economic Stimulus Act of 2008). Do not assume that any of these entities are affiliated with or endorsed by the government. For the most part they are advertisements using a government program to lure you into calling them. Don’t. 

Calls Not Initiated By You
If someone calls you and asks for money, do not give them any information.  Recently a client received a call that a relative was in jail and needed bail money. After emptying her bank account, the client found out that this was a scam. Beware; there are many other creative scams out there. When in doubt, get a phone number from the caller and then call someone and have them help you check out the information. If necessary, call the police.


About SilverCensus:
SilverCensus is an unbiased senior living and health services resource where consumers are educated on options, facilities & rights. Our services are completely free for seniors and their caregivers as well as Hospital Case Managers & Social Workers who are committed to proper discharge.  Clients include assisted living residences, rehabilitation facilities, skilled nursing homes, home healthcare agencies, HUD developments & independent living communities.  We also provide free VA assistance for Veterans and their spouses.  Our Care Managers are standing by 24/7 at 888-776-1311 or through the web at: SilverCensus.com


…a Goliath-SilverCensus Company

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Choosing a Place to Retire Part 2: Near Relatives?

I mentioned in my previous article that one of the important questions to consider is whether or not you want to retire near your relatives.  This is a very important factor to take into account as it can severely limit ones options pending on the answer.  As with most things in life, finding the answer to this question will take balancing out one’s own desires and necessities.   As such the process will be different for everyone, but let’s look at how it may go…

First thing to consider is the idea of how much you NEED your family around you.  Are you reliant on them for mobility?  For finances?  For emotional support?  For any other reason?  And if so, how important is it that these things be fulfilled?

The next thing to think about is, how much do you WANT to be near your family?  Again, this process is going to be different for everyone pending on situations.  Some people may need their family, but not really want to be near them very much.  Then some may not need their family at all, but couldn’t stand to be away from them.  This particular factor is most dependent on the strength of the bond that exists.  The bond itself is dependent on a whole bunch of factors such as emotional connectedness and benefits gained from being close to each other.  It is also important to consider all parties in the equation.  Communication is an important part of this process in order to ensure that no one is misunderstanding the situation.

I know for me, it is quite difficult to relate to anyone that is retiring.  I know in my personal situation right now, I want to be very far away from my family.  Like, other side of the world far away.  Though, I currently still need help getting on my feet, which makes it difficult to get away.  I am currently exploring all my options, figuring out what my goals are, and trying my best to achieve them.  Since I do not want to be near my family, I will need a friend or so in a place I would like to go.  SO I am managing my connections and finding more connections in order to help find this assistance I need to live.  It is a difficult process, and I have to put up with m family while going through it, but all and all, it’s not too horrible.

Different phases in life with different problems, similar in ways, as they both require the same thought process in order to come to solutions.  Just like with everything, it’s a matter of dissecting the problem, and taking it one step at a time.  For this situation, if family is a necessity for you, make sure to choose somewhere not to far from home so frequent visits can occur!J

Ask yourself which is more important, who will make health care decisions for you when you can’t or who gets your stuff (your assets) when you’re gone.  If your answer is who gets your stuff, then you need a Will otherwise I think you will agree that everyone at age 18 needs a Durable Power of Attorney for Health Care and a Living Will because they determine who will make health care decisions for you when you can’t make them for yourself.  In some states like Ohio, they are two separate documents.  In other states, like Michigan both of these are in one document.

Why do you need them at age 18?  Because in most states when you turn 18 you are an adult.  When you are legally an adult, your parents can no longer make health care decisions for you even if you are living at home, still in high school, and/or still on their health insurance.

What do these documents do for you?  These documents tell the health care provider who is to make health care decisions for you when you can’t make them for yourself.  That is when you are incompetent/incapacitated.  You could have had a serious head injury, a stroke, be in a coma, etc.  For the elderly Alzheimer’s and dementia are common causes.

The Durable Power of Attorney for Health Care comes into effect when you are incompetent and when you do not have a terminal illness.

The Living Will comes into effect when you are incompetent and you do have a terminal illness.

Both documents (or sections) say what kinds of decisions your agent (the person who will make decisions for you) can make, in addition to giving them permission to talk to your healthcare providers and see your medical records.  The more decision making power you give your agent the better the decisions will be based upon the circumstances at the time because you gave them greater authority and thus greater flexibility.

It’s best to name your primary agent and at least 2 successor agents.  That is if the first person can’t or won’t make the decisions; then the second and if the second person can’t or won’t; then the third.  If you don’t have sufficient backup your family could be in the Probate court system for the rest of your life.  While the court is our safety net most families prefer to maintain control without court supervision.

It is always best to speak to an attorney, licensed in your state, when preparing any legal document.  It is the attorney’s job to explain and counsel you on options that meet your objectives.  Simply filling in a form generally does not get you the result you intend because what you think it says isn’t always the legal meaning.