Medicare, Medicaid, and Alphabet Soup

Many people confuse Medicare and Medicaid. And, why not? They are spelled almost the same, and they both are government programs that have to do with health care. However, they are very, very different, and a proper understanding of the basics is necessary to make sure that you or your loved one can does not misstep when making important decisions concerning health care or long-term care. Even if you are not in that situation right now, it is never too early to gain a basic awareness and understanding of these programs that are so important to older Americans and their loved ones. In this piece, I will attempt to help you navigate through some of the basics.

Louisiana Medicaid

Medicaid is a health care assistance program. Its guidelines (and substantial funding) come from the federal government, but it is administered by the state.  Each state’s program is different, but must work within the guidelines that the federal government provides.

Medicaid eligibility is based on a person’s income and assets and, generally speaking, is available to people with disabilities, people over age 65, children (and the parents of eligible children), and pregnant women.  Moreover, Louisiana Medicaid can also pay for long-term nursing home care.  With proper planning by a Louisiana elder law attorney, seniors can become qualified such that they have a co-pay based on their income for the nursing home care, and Medicaid will cover the rest.  Medicare does NOT pay for long-term care. There are extensive regulations and laws that govern who can qualify for Medicaid, so it is important to talk with a lawyer skilled in this field regarding you or a loved one becoming eligible.

Medicare

Medicare is a health insurance program funded by and administered by the federal government.  This means that it is uniform from state to state.  As with any government program, a person must meet certain requirements before receiving Medicare. To qualify for Medicare benefits at least 65 years old or have a severe disability. To qualifiy at age 65, a person must be a United States citizen or a permanent legal resident that has lived here for at least five consecutive years. Additionally, he or she must have worked long enough to be eligible for Social Security retirement benefits (regardless of whether he or she has started receiving those benefits).  However, in order for a disabled person under the age of 65 to receive Medicare, he or she must have received Social Security Disability Insurance (SSDI) for two years.  (SSDI is not the same as SSI, which is Supplemental Security Income, a means-based program.) If a person meets Medicare’s eligibility requirements, her or she can receive Medicare without regard to his or her income or assets. Costs for Medicare are based on the recipient’s work history. This means that costs are determined by the amount of time a person paid Medicare taxes. These costs like all insurance include premiums, copays, and prescriptions.

Another thing that can be confusing about Medicare is its so-called alphabet soup of “plans.” We all hear advertisements referring to Parts A, B, C, D.  Although I will explain these in detail in a later piece, I will provide you with a quick summary. Part A works like insurance for hospitalization. Part B works like insurance for medical. Part D is an option plan that provides prescription drug coverage. Parts A and B are covered in Original Medicare offered by the government. Part C is often called the Medicare Advantage Plan. This is a private health plan. The Medicare Advantage Plan or Medicare Part C plan are required to include the same coverage as Original Medicare but usually also include Part D as well. Additionally, there are other plans, such as Part F. Part F, sometimes referred to as Medigap, is supplemental insurance that covers those things that Medicare does not. It is important to do your homework on these plans to find what works best and is most cost effective for you.

Can You Qualify for Both Medicare and Medicaid?

In some circumstances, one can be eligible for both Medicaid and Medicare.  In this situation, the two programs can work together. For example, Full Medicaid benefits can cover the costs of Medicare deductibles and cover the 20% of costs not covered by Medicare. (Medicare costs include premiums, copays, and deductibles.) Medicaid may also cover the costs of premiums for Medicare Part A and/or Part B.)

If you are interested in learning more about how you or a loved one may be able to qualify for having Medicaid defer some or all of your or your loved one’s long-term care nursing home costs, please contact Ruston, Louisiana elder law attorney Add Goff.

National Estate Planning Week

It’s National Estate Planning Awareness Week — Food for Thought. It is not just for the wealthy. Middle class folks need to be aware of the need for preplanning also.

In 2008, Congress declared the third week in October as National Estate Planning Awareness Week. There are a few common misconceptions about the need for estate plans, so here is some food for thought from a Ruston elder law and estate law attorney. First, the most frequent misconception we hear is “I’m too young.” In fact, it’s never too early. Tragedy can strike at any minute, and responsible planning is one of the best gifts you can give your loved ones during that tough time. Hope and pray for the best, but plan for the worst. As the Boy Scouts say: “Be prepared.” 

Second, elder care plans are not just for the rich. In today’s economy, very few people can afford to pay several thousand dollars a month for long term care. Thus, planning is probably more important for middle-income Americans than anyone else.

Finally, many people are content with the State’s rules deciding who gets what after a death. However, Murphy usually shows up at the worst of times. What happens if there is a disability of a loved one? Probate without planning can result in a disabled grandchild’s losing government healthcare benefits. What happens if one of your descendants becomes the victim of a disease such as substance abuse? Proper planning can ensure that the money for which you’ve worked so hard will not be wasted away on drug dealers. Hopefully, none of this will come to pass. This is merely food for thought. As the old saying goes, “An ounce of prevention is worth a pound of cure.”

An Elder Law attorney can help you decide what estate plan is right for you and your family so you don’t have to wait until a crisis occurs or a succession is opened. Call us. We can help.

Debt Collection Scam hits Elderly in Ruston Area!

Scams against the elderly are on the rise. Even the elderly in the Ruston area are being targeted by unscrupulous debt collectors resulting in the loss of thousands of dollars.  Recently, an elderly client, Mr. Smith (not his real name) was terrorized by an out-of-state debt buyer. A debt buyer is a company that buys old, often uncollectible debts from the original creditor for pennies on the dollar.   Mr. Smith, a man in his 80s, lost his wife to cancer nearly 20 years ago.  While she was ill, the couple ran up a large credit card bill for living expenses, and in the end the client was unable to pay them.  The debts were written-off by the credit card company as uncollectible many years ago.  At some point a debt buyer purchased the account.

Last month, 18 years later, and long after the statute of limitations on the debt had run, Mr. Smith received a phone call from the debt buyer.  The caller threatened to take Mr. Smith’s bank account and to garnish his social security, his only income, if he didn’t comply with the demand for immediate payment. Afraid he would lose everything, Mr. Smith agreed to pay $4000 that day, and make monthly payments against the remaining balance. Mr. Smith gave the collector his credit card number and access to other financial information.  A few days later, Mr. Smith began to wonder if he had done the right thing.  He contacted his credit card company, but the credit card company refused to reverse the $4000 charges.  Devastated and in tears, Mr. Smith contacted the Elder Care Law Attorneys at Goff and Goff.  Bank accounts cannot be garnished without first proving the validity of the debt in court and obtaining a judgment. Social security is not subject to garnishment for bad credit card debts.  The debt collector lied to scare this vulnerable senior into paying a debt that was no longer due.

The attorneys at Goff and Goff were able to get the client’s money back quickly, but only because he realized something wasn’t right and took action.  PLEASE alert your elderly friends and relatives to be weary of these types of calls!  If they have already been scammed, they need to take action immediately.  Call an attorney.  If you call Goff and Goff, we would be honored to help.  We practice in the areas of Elder Law, Family Law, Wills and Estates, Successions, Personal Injury and Criminal Law