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November 28, 2015 by bob mason 3 Comments

PACE SignSometimes government really does work right. The United State Marine Corps comes immediately to mind. Another program, new to Randolph County and surrounding areas, is the Program of All-inclusive Care for the Elderly. PACE.

In Randolph County, StayWell Senior Care operates the PACE program. StayWell is a joint venture of Randolph Hospital (lead partner), Moses Cone Health System, and Hospice of Randolph.

As the name implies, once a frail person qualifies for PACE, the program will cover all medical and long term care needs. All medical care (even if the person has to move on to the nursing home) is “locked in.”

However, the main thrust of the program is to provide what I think of as “day care plus” for someone who would otherwise be in a skilled nursing facility. The idea is that it should be less expensive for the government than nursing home care, and for the individual it stalls having to go to the nursing home (you get to go home at night).

Not one of my many institutionalized clients has ever said, “Oh boy! I get to go to the nursing home!”

The Randolph County facility is an extremely attractive new building just to the west of I-73/74 at the McDowell Road exit. In addition to the bright and roomy areas for day activities, rehab, and meals, there is a complete medical clinic. Under the management of StayWell Senior Care, Patricia Shevlin, MD is the on-site medical director and Tracey Murphy is the Executive Director. The staff is friendly and they smile. I would, too, if I worked there.

To qualify, an individual must be over 55 and live in Randolph, Montgomery, or certain parts of Moore Counties. Physically or medically the applicant must qualify under traditional standards for needing nursing home level of care but still be capable of being cared for in the community (that is, PACE) setting. Obviously PACE will not be for the extremely frail or sick person.

No, Medicaid qualification is not necessary. If someone wants to (and can) pay, the private pay rate is about $4,200 monthly.

On the other hand, Medicaid will cover the costs for a qualified individual. The qualification rules are very similar to the regular nursing home rules, but with some adjustments. An explanation of the North Carolina Medicaid nursing home rules can be found at www.masonlawpc.com (click on “Hot Topics”).

First, a successful Medicaid applicant must have total monthly income less than about $4,200. For a married applicant, only the applicant’s income counts; the stay-at-home spouse’s income doesn’t count.

Perhaps the biggest difference in the PACE rules (from “normal” Medicaid) is that in determining how much of the applicant’s income will be paid to PACE before Medicaid kicks in, the applicant will deduct $972.50. The idea is that this amount can be used to cover household expenses since the applicant will be maintaining a home to return to every evening.

Also, as is the case under “normal” Medicaid, if the stay-at-home spouse has monthly income of less than $1,967 enough of the applicant’s income can be diverted to the spouse to get her or his income up to that level.

Finally, Randolph Hospital is a rare hospital that focusses on quality food. Food that any of us would happily eat. Randolph Hospital runs the food operation at PACE. Any questions?

I’m impressed with PACE. Two thumbs up!

Filed Under: Medicaid, Miscellaneous, Nursing Homes Tagged With: Medicaid, nursing home, nursing homes, PACE

November 1, 2015 by bob mason 2 Comments

It’s time I explain why I have no problem helping out all but the wealthy with Medicaid long term care planning. Bear with me, because at the end I am once again seeking your input.

I recently wrote that the Medicaid-based system of financing long term care (nursing home care) is a mess. The end of the article offered a survey of readers as to their opinions, and I was gratified to see many of you took advantage of it.

I was a bit surprised by some of the findings. Almost a quarter (23.2%) of the respondents believed using Medicaid should be reserved for the truly needy.

Mother and sonAnother 27.9% believed that using Medicaid should be OK if someone had privately paid for a period; 23.2% felt it was OK if someone had under a base level of assets. I believe there was plenty of overlap between persons answering the last two, but in any event I think it is clear that 50% or so of you believe that there ought to be some restriction on who actually accesses Medicaid.

I was also very interested to see that an overwhelming majority of you believe the current system is broken in any event and that the idea I offered might have some merit. One person even believed I should run for Insurance Commissioner (thank you . . . but NO!).

Here Are My Thoughts

Until something happens, this is the system we have and, as an attorney, my job is to use the rules available to my clients’ best advantage. In some sense, it is not much different than a tax lawyer using the tax code to minimize taxes. I realize the difference . . . with tax planning you’re working to hang on to YOUR dollars, and with Medicaid planning you’re trying to access government dollars.

I appreciate that. But here are a number of specific reasons it nevertheless does not bother me.

Times Have Changed Since Medicaid Was Created

Fifty years ago, when Medicaid and Medicare were created, people were dying at greater rates from medical “events” such as heart attack, stroke, cancer, and trauma . . . and at lesser rates from chronic diseases such as Parkinson’s, Alzheimers, and the long term after-effects of medical events (because folks were already dead).

Medicine has gotten much better in fifty years. People are surviving longer . . . and are sticking around to develop the chronic diseases that lead to nursing home confinement.

At the time of Medicaid’s and Medicare’s creation, long term care benefits were tacked on to Medicaid as an after-thought because they simply weren’t that big an issue.

So here we are fifty years later with . . .

The Medicaid/Medicare Disease Lottery

Twenty-three years ago my father developed a virulent form of brain cancer (the same type that claimed Ted Kennedy). He went through surgery, chemotherapy, and other extensive treatments before succumbing seven months later.

The seven-month course of treatment had to have cost hundreds of thousands of dollars. And that was 23 years ago!

Fortunately, Mom and Dad had Medicare Part A and Part B. They also had a Medicare Supplemental policy through AARP. Their out-of-pocket expense was perhaps a few hundred dollars in copayments and deductibles.

However, if my Dad had ended up with Alzheimer’s disease and in a nursing home, as opposed to brain cancer and dying under hospice care, there would have been an entirely different outcome. My mother (who is still alive, very healthy, and nearing 100) would have been devastated.

The situation remains:  Develop the “right” disease or have a catastrophic medical event and you’re likely covered; develop a chronic type disease and, well, you better do some planning . . . .

How About Better Planning?

One of my favorite expressions is “coulda, woulda, shoulda.” Early planning is always preferable. If so, then what about long term care (nursing home) insurance?

By time many folks reach my conference room, insurance is not an option due to age or health.

Why didn’t they think of that earlier? Perhaps they didn’t know any better. But just as likely other factors were in play.

The long term care insurance industry has been a mess for years. Big players have gotten completely out. Premiums have sky-rocketed and have seriously stretched budgets. Anyone wanting to do some historical research will find the chaos in the markets.

Fortunately, some creative companies and sellers are coming to the rescue with hybrid life insurance/LTC policies. Hopefully these have some promise there.

In any event, I have to deal with the factual situations I am confronted with.

Punishing Folks Who Did Everything “Right”

Take the person who lived hand-to-mouth his or her entire life. Money in; money out. When a chronic disease strikes and the nursing home looms . . . no problem! Simply go down to the Department of Social Services and apply for Medicaid. Not much to lose.

Now take the couple who worked hard for years, lived carefully, paid the bills, drove modest autos and took even more modest vacations. They aren’t multi-millionaires, but they have amassed a fortune of several hundred thousand dollars and paid off the mortgage years ago.

In short, they have “done everything right.” They are the middle class the politicians are always appealing to.

Unfortunately, if long term care looms for them . . . they have some serious problems.

And those, my friends, are the folks I don’t mind a bit helping out.

Please. I’m Curious.

Take the survey (again, if you took the first one). This survey is very similar to the last one. To be honest, I want to see if I changed any minds.

And if you have read this far . . . thanks for your attention.

Bob is now stepping off the soap box!

TAKE THE SURVEY!

What do YOU think about using medicaid as a planning tool? Take the survey (it’ll use up about 30 seconds). YOUR ANSWERS ARE CONFIDENTIAL. You’ll be able to see the results.

GO TO THE SURVEY

 

 

Filed Under: Medicaid, Nursing Homes Tagged With: Medicaid, Medicaid Planning, nursing homes

October 16, 2015 by bob mason Leave a Comment

Like it or not Medicaid has become a middle class nursing home financing system. Not out of greed, but out of necessity.

The last attempt Congress took at “reforming” the Medicaid rules, they simply came up with more complex rules and “kicked the can down the road.”

Our standard approach to political problem solving is part of the problem. Namely, too much “either-or” thinking, and not enough “and” thinking.

As an elder law attorney, I offer a solution so radical that many of my colleagues and clients will stand aghast. Scrap the Medicaid nursing home rules! The system is a mess. But let us “scrap intelligently.”

 The Current Nursing Home Payment System

Grumpy Guy

Trying To Figure It Out

Currently, a person looking at nursing home confinement has just a few options for payment.

One option is to whip out the check book and pay. As I will explain, that is not a viable option for most folks.

Another option is to rely on purchased long term care insurance coverage. Very few folks have that.

The final option is Medicaid.

According to Genworth (one of the larger and more reputable long term care insurance providers) the median 2015 nursing home costs can exceed $80,000 annually. The Wall Street Journal puts that number at $91,250. Also, the annual out-of-pocket costs for a family caregiver can be huge, not to mention a heavy burden in physical, mental and emotional pain. Altered work schedules, depression and stress can cost employers billions in lost productivity.

Over the past eight years, at least 10 of the top 20 long term care insurers have stopped selling to individuals. Those include MetLife, Unum, and Prudential. Currently, there are perhaps a dozen insurers in the business.

On the brighter side, some insurance companies are offering hybrid life/long term care policies, and perhaps those hold some promise.

The existing Medicaid-based system offers fairly comprehensive coverage for the poor, but for the middle class the problem with the current system is that they are – well – middle class. To become eligible, people must impoverish themselves. That comes easily enough after a year or two in a nursing home.

“Either” The Private Option –

Proposals to enhance private insurance would largely leave the current structure in place. That does little to relieve the current insurance underwriting standards and the fiscal pain of either privately paying or qualifying for Medicaid.

Also, if Medicare Advantage plans are any indication of the magic elixir of private insurance, we cannot be encouraged. Uncle Sam spends 20% more on each Medicare Advantage beneficiary and then complains the Medicare system is going broke.

“Or” The Universal Healthcare Option –

Simply replace the current welfare-based system with social insurance. The program could be managed as a new Medicare benefit or though a new independent, quasi-government entity.

While attractive to some, the loss of choice, the expense of another huge bureaucracy, possible rationing of care and dictating more rules and regulations is mind-boggling. Cup of “tea,” anyone?

The “And” Approach

Why not a hybrid public-private system?

Scrap or greatly limit Medicaid coverage. Grandfather-in those who are currently uninsurable. Allow private insurers to offer standardized long term care insurance coverage (similar to the way Medigap policies are offered – which makes comparison shopping easier).

To make private insurance more affordable and reduce the need for underwriting, require a mandatory beginning age and require insurers to accept all buyers without underwriting (again, similar to Medigap policies).

Make Medicaid a painful alternative for those who simply elected to skip the affordable premiums when they had their chance.

The Community Living Assistance Services and Support Act (the “CLASS Act”) signed by President Obama in March, 2011 contained a few of the features I outlined above, but was subsumed by the Affordable Care Act. The ACA contains no long term care features.

Any solution, it seems, must provide some mix of public and private financing to be politically and economically palatable.

This particular system is most definitely broken, so let’s fix it . . . intelligently.

TAKE THE SURVEY!

What do YOU think about using medicaid as a planning tool? Take the survey (it’ll use up about 30 seconds). YOUR ANSWERS ARE CONFIDENTIAL. You’ll be able to see the results.

GO TO SURVEY

 

Filed Under: Insurance, Medicaid Tagged With: Insurance, long term care insurance, Medicaid, medicare supplemental, medigap

August 19, 2015 by bob mason Leave a Comment

I recently came across this and decided to post it. It was my last column as Chairman of the Elder Law Section of the North Carolina Bar Association for the section publication Gray Matters. I meant it to be advice to newer attorneys. But it pretty well sums up my approach to law practice. Published June 2014.

As I write this column I have just shy of three weeks to go as section Chair. It has been fun and it has been an honor. It has also been my second “go ‘round” of the job. I therefore think it highly unlikely I’ll hold any other official position with the Elder and Special Needs Law section.

But that’s OK. We have a long custom of allowing former section chairs to weigh in. Or as I prefer to put it, “I can show up at the meetings, break some furniture, and go home.” Soon the former chairs’ society will outnumber the section council!

One of my goals as section chair was to try and open things up for “new blood.” In that regard, I think we did a good job . . . there are all sorts of good folks in place to be leaders of our little corner of the bar for years to come.

Here are a few random thoughts and suggestions, especially for those in the earlier stages of a career.

Work Hard

Running counter to just about every expert out there, I can’t say that I divide Hard at workmy life into “work” and “other.” I am not an elder law attorney by day, and a spouse/father/friend by night. I am what I am, which involves many parts. In some sense I am always “on” and thinking about various work-related issues. On the other hand, various matters that aren’t career-related are never far off my screen. I may show up late and leave early, but I may also work all weekend. I can do that because I run my own firm. Of course, it also occurred to me that I also work harder than I ever did as a young associate.

The types of law we deal with are difficult (Medicaid, tax, trusts, and so on). So what? Learn it. Then master it. Make it part of you. Be grateful it is difficult; that’s why you don’t have much competition. Anyone reading this silly column can be a guru. Anyone. You just have to be willing to work at it. Hard.

Nothing will happen if you don’t show up. And show up. And show up.

Poke the Box

Poke the BoxOne of my favorite authors and thinkers, Seth Godin, recently wrote a short little book called Poke the Box. I have ordered it for everyone who works with me, both here in North Carolina and Georgia. Get it.

A couple of threads run through Seth’s book. Be curious. Don’t just take things at face value. Wonder why something couldn’t be done a bit differently, then try it (“poke the box”). After you’ve handled the mastery thing (see above), make a habit of thinking “outside the box.” The difference between a good competent journeyman attorney and a master is (i) the amount of work expended mastering and (ii) the amount of time thinking outside the box.

Develop a Sense of Humor

Einstein humorThe difference between a master getting by and a master with a big book of business is a sense of humor. Maybe that comes from spending time outside the box and developing a keen sense of irony. Don’t ever take yourself too seriously. And no matter how hard you worked, don’t forget that other people made it possible for you to get where you are.

Get Involved

Especially if you’re a newbie. One of the best ways to learn the law and pick up some interesting strategies is by hanging out with folks who do the same thing. One of the easiest ways to hang out with folks who do the same things is to get involved. With our NCBA section. With NAELA. With some group in your community (and meeting other related professionals).

Also, as I mentioned above, you got to where you are because of the efforts of other people. Getting involved is a way to pay it forward.

Keep in mind, no one is going to call you and ask, “Will you get please involved?” You’ll need to make that happen. Poke the box.

Make Friends

This may be most important. It occurred to me that many of my best friends are members of the North Carolina Elder Law section. Some of us will be great friends and confidants for the rest of our lives. You know who you are. I wouldn’t trade you for anything.

Filed Under: General, Miscellaneous

April 30, 2015 by bob mason 6 Comments

Are You Stressing Too Much?

Or Not Enough?

How much do you really, really, really need for retirement? Based upon decades of experience in elder law and talking to hundreds of people (and looking at their finances) my opinion: Not as much as other experts might say.

I want to know what you think. You may comment at the end of this article.

Rich-Uncle-Pennybags1Yesterday I saw a piece on CNBC in which a somewhat incredulous young reporter was interviewing a seasoned financial advisor who claimed “$2.5 million is a good start.” I posted it on the Mason Law, PC Facebook page if you want to look at it. In fact, the article and video link to a number of other interesting pieces. I spent about 30 minutes looking around on the site.

We all have seen retirement calculators on the web. When I Googled “Retirement Calculator” I got 31,400,000 results (in 0.23 seconds, no less). Most of them are hosted by financial institutions, and most of them grossly inflate the real needs of retirees (or so I believe).

Why do I think that? Based upon my experience and the vast majority of my clients, a million dollars is at the high end. In fact, a typical client will have a residence (paid for), maybe a small tract of land (inherited) and a few hundred thousand in the bank. No debt. Social Security of perhaps $1,600.

While they may be living “carefully” they certainly aren’t living in grinding poverty. Other than the normal concerns of age, many of them, I daresay, are happy.

I suspect that the inflated needs are based on a number of assumptions. First, that the “target” audience of the retirement calculator or ad may be relatively high earners in the first place.

Second, that the target will maintain the same life style after retirement (which isn’t necessarily so)

Third, that the level of expenses, including debt, will remain the same pre and post retirement. Most folks tend to pay off debt as retirement approaches (including having the residence close to, or completely, paid off).

Fourth, that the retirement calculators often build in $250,000 or $500,000 for health care expenses. Between Medicare Parts A, B and D (or alternatively an Advantage Plan under Part C) and a Medicare Supplement most medical expenses are covered. With a bit of planning long term care expenses can be largely addressed through either insurance or (hehehehe) a trip to see me (or a combination of both).

The Warren Buffet Secret Wealth Building Formula

Of course, if you had a bit more extravagant retirement in mind, here is the Warren Buffet secret trick to retiring as a millionaire in just one year: Save $84,000 a month for the next 12 months.

On the Other Hand . . .

BrokeI am not recommending ignoring the problem, as many seem to be doing. You have to start planning. You MUST avoid what I have sadly seen in my conference room. The couple is in their 80’s, have a home worth $120,000 with a mortgage and a home equity line totaling $100,000. Credit card indebtedness of $30,000. Total income of $2,300 a month. Total expenses (including debt service) of $2,500.

In many cases, however, I cannot help but think that many people are subjecting themselves to excess stress by trying to meet recommended (but unrealistic) guidelines and expectations found on the internet and other media.

Think about it . . . but perhaps you can dial back the stress level a bit.

I really want to know what you think. Your comments are welcome.

Filed Under: General, IRAs & Retirement Plans Tagged With: Retirement savings

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