On October 6th and 7th, Billi M. Ellingson and Claire Langton-Yanowitz, who joined our office in October as an Associate Attorney, attended the Minnesota State Bar Association’s Elder Law Institute. Here are some highlights of the conference:
• New long-term care consultation requirement:
Starting this October 2011, consultations must be offered to all those signing a lease for assisted living facilities. The consultation may occur over the phone or in person, and it can be refused after the offer. The Minnesota Dept. of Human Resources hopes that consultations will inform people of home health care options and reduce long term care costs for individuals and the government by encouraging people to wait longer before entering any type of facility.
• Understanding your long-term care insurance:
Many people with long-term care insurance mistakenly believe that the amount of assets that they can protect from a “spend-down” under the Medical Assistance regulations is increased by the lifetime benefit allowed under the policy. Actually, the insured may only shelter additional assets above the statutory spend-down requirements to the extent that long-term care benefits have already been received under the policy ($50,000 used under the insurance policy results in additional $50,000 not spent down for purposes of Medical Assistance).
• Community Spouse Income Allowance Changes in July 2012:
Assuming the Centers for Medicare and Medicaid Services approve the new law, a community spouse (a spouse not receiving government support) may have to contribute 7.5% to 33% of his or her income to the spouse who receives government support to the extent that income is greater than $1840 plus an allowance for shelter expenses.
• Medicare Part D enrollment ends Dec. 7th – this is earlier than prior years:
Seniors have 80 options to consider and are encouraged to call the Senior Linkage Line for explanations (800) 333-2433.
• Provider Orders for Life Sustaining Treatment (POLST) form:
This new form was developed and approved by the Minnesota Medical Association (MMA) to create a signed provider order to carry out a patient’s end of life health care wishes. The MMA recommends that terminally or seriously ill patients discuss their concerns and wishes with a physician so that another physician can carry out the orders should an emergency arise. Our office continues to advise clients that appointing a trusted agent under a health care directive and communicating your general feelings about your emergency or end-of-life care to the agent are the best ways to make sure your wishes are carried out.
If you have any questions or would like further explanation of these topics, please call our office at (507) 252-8997 or email Billi@MnEstatePlanning.com or Claire@MnEstatePlanning.com.