Archive for the ‘Uncategorized’ Category

Florida Nursing Home Tragedy Causes Rethinking of Disaster Preparedness

The recent tragedy in which nine Florida nursing home residents died when the nursing home lost power during Hurricane Irma is causing government officials to rethink disaster planning. In response to the deaths, Florida Governor Rick Scott announced a new emergency rule, requiring nursing homes and assisted living facilities in the state to have generators capable of maintaining comfortable temperatures for four days after a loss of power. Fire marshals must inspect the generators within 15 days after installation. The rule goes into effect immediately and lasts 90 days, after which it needs to be renewed. Florida already required nursing homes to…

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The Need for Medicaid Planning

One of the greatest fears of older Americans is that they may end up in a nursing home. This not only means a great loss of personal autonomy, but also a tremendous financial price. Depending on location and level of care, nursing homes costs over $120,000 per year. Most people end up paying for nursing home care out of their savings until they run out. Then they can qualify for Medicaid to pick up the cost. The advantages of paying privately are that you are more likely to gain entrance to a better quality facility and doing so eliminates or…

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Five Topics to Discuss With Your Spouse Before You Retire

You may have a vision for your retirement, but does your spouse share that vision? Spouses often disagree about many key retirement details. It is important to work together to come up with a plan you both can accept. A 2011 study by Fidelity Investments found that many husbands and wives are not in accord about retirement. For example, the study found that one-third of couples disagreed or don’t know where they were going to live in retirement and 62 percent didn’t agree on their expected retirement ages. Here are some important things to discuss with your spouse as you…

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Referral Services Run by Avvo, LegalZoom and Rocket Lawyer

A joint opinion by three New Jersey Supreme Court committees bans web-based services that match litigants with attorneys run by Avvo, LegalZoom and Rocket Lawyer due to ethics concerns. A bar association in New Jersey requested a formal opinion on “whether it is ethical for New Jersey lawyers to participate in on-line lawyer referral services offered by Avvo, Legal-Zoom, and Rocket Lawyer for customers of the companies.” The inquiry was jointly considered by the Advisory Committee on Professional Ethics, Committee on Attorney Advertising, and Committee on the Unauthorized Practice of Law. The Committees issued a joint opinion backlisting the referral…

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Nursing Homes Move Into The Insurance Business

Around the country, a handful of nursing home companies have begun selling their own private Medicare insurance policies, pledging close coordination and promising to give clinicians more authority to decide what treatments they will cover for each patient. These plans are recent additions to the Medicare Advantage market, where private plans have become an increasingly popular alternative to traditional fee-for-service coverage. Unlike other plans, these policies offered by long-term care companies often place a nurse in the skilled nursing facility or retirement village, where they can talk directly to staff and assess patients’ conditions. Some provide primary care doctors and…

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The Financial Fiduciary Rule Is In Effect June 9

After initially delaying a rule intended to prevent financial advisers from steering their clients to bad retirement investments, the Department of Labor (DOL) announced that the rule will go into effect on June 9, 2017, but its future is still unclear. Earlier this year, President Trump signed an executive order delaying the so-called fiduciary rule, the first part of which was scheduled to go into effect in April 2017, and calling for a review. The DOL is still reviewing the rule and can still make changes to it or repeal it based on the review, but the agency said there…

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Beware Medicare’s Penalties for Late Enrollment

People generally become eligible for Medicare at age 65, when they can receive benefits under Part A (Hospital Coverage), Part B (Medical Coverage), and Part D (Prrscription Drug Coverage). But Medicare doesn’t want you to delay enrollment.  If only those who needed insurance signed up on time and healthier people waited, the healthy beneficiaries’ premiums would not be available to help underwrite the costs of the less healthy ones. For this reason, Medicare imposes fairly significant penalties for those who postpone enrolling.  To encourage everyone to sign up when they first become eligible, the program increases premiums based on how…

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Owe Back Taxes? The IRS May Grant You Uncollectable Status

Sometimes seniors find themselves owing past-due federal taxes they cannot afford to pay.  Although notices from the IRS can be especially frightening, there are solutions. If the sum owed is less than $50,000, the IRS will accept monthly payments over five years. For example, if $6,000 is owed to the IRS, monthly payments of around $100 can be made.  There are also laws in place that provide that persons unable to pay their taxes can be placed on Currently Not Collectible (CNC) status with the IRS and not have to pay their past-due income taxes.  My experience with the IRS…

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AVVO 10.0 SUPERB AWARD

David Wingate receives AVVO Superb 10.0 award for Elder Law, Medicaid and Estate Planning.

Finding Your Home Sweet Nursing Home

It is import to select the right nursing home, a daunting process at best.  The search should begin with the determination of your loved ones life style preference and medical needs.  Once you know the type of care your loved one requires, you should evaluate nursing homes to identify those that meet your criteria.  Arm yourself initially with as much information about all nursing homes under consideration as possible.  You may be able to eliminate some with preliminary screening; for example, if they do not offer the type of care your loved one must have.  Also, geographical locations can also…

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