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Basics of Medicare and Medicaid
 
 
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Medicare

Medicare is generally a non-need based federal program which is available to most United States citizens who are 65 years of age and older, and/or certain disabled persons.  Medicare includes two parts:  Part A (Hospital Insurance) which is financed by payroll taxes, and the optional Part B (Medical Insurance) which is paid for, in part, by monthly premiums paid by the recipient. 

If you are eligible for Medicare, you should certainly inquire into whether you are receiving your desired benefits.  Also, if you are eligible for Medicare, consider enrolling in the optional Part B coverage at the earliest time allowable (unless, of course, you have carefully compared Part B coverage to the coverage under your employer's plan).

Part A Benefits:

Enrollment in Part A is automatic.  Generally, if you or your spouse paid Medicare taxes while either of you were working, then you may not have to pay a monthly premium for Part A. However, if you or your spouse did not pay Medicare taxes while you worked and you are age 65 or older, you may still be able to purchase Part A coverage. 

Part A helps pay for care in hospitals as an inpatient, critical access hospitals (these are small facilities that give limited outpatient and inpatient services to people in rural areas), skilled nursing facilities, hospice care, and some home health care.

Part B Benefits:

Part B covers medical and doctor services.  If you enroll in Part B benefits, the monthly premium is deducted from your Social Security check, or you may pay for the benefits quarterly in advance.  When you become eligible for Medicare, you will also be enrolled in Part B unless you explicitly decline.  With few exceptions, when you become eligible for Medicare and you do not enroll in Part B coverage, the premium on Part B coverage will rise 10% per year for every year that you did not enroll.  You may be able to enroll at no additional cost if you work beyond age 65, are covered by your employer's plan and you enroll for Part B coverage within a specified time after your work-related coverage ends.  There are special rules if you are receiving Medicare disability coverage or you currently are purchasing Medicare Part A benefits. 

Part B helps pay for doctors' services, outpatient hospital care, clinical lab services, and some other medical services that Part A does not cover, such as outpatient physical therapy, occupational therapy, and speech and/or language therapy services, and preventive care (flu and pneumonia vaccinations, mammograms, screenings for certain types of cancer).

MediGAP Insurance:

MediGAP or private Medicare supplemental insurance policies cover some of the gaps in Medicare coverage. 
 

Before you make any decisions regarding your current Medicare benefits or whether any additional benefits are right for you, be sure to speak with someone who is knowledgeable about Medicare benefits.  For more information about the Medicare benefits which are available to you, call the Social Security Administration at (800) 772-1213, visit your local Social Security office, or call us at (800) 501-3220 or Email Us.
 

Medicaid

Medicaid is a need based program for certain low-income and needy people, including children, the aged, individuals who are blind and/or disabled, and people who are eligible to receive federally assisted income maintenance payments.

New York Medicaid:

There are 2 types of Medicaid coverage:  Medicaid home care (also referred to as community-based home care), which includes such services as doctor visits, prescriptions, home health care and some hospital coverage; and Medicaid nursing home care. 

Under current Medicaid laws, the rules for getting Medicaid community-based care are very different than the rules for getting Medicaid nursing home care.  For example, transfers of assets (gifts) will not disqualify you from receiving Medicaid community-based care, but will cause a penalty period for Medicaid nursing home care. 

All Medicaid recipients (community-based care and nursing home care) are permitted to retain only a small amount of income and assets:  For 2002, a Medicaid recipient living alone may have no more than $3,800 in non-exempt assets to be eligible for Medicaid benefits (this amount increases depending on the number of family members who live with the Medicaid recipient). In addition, an applicant may prepay certain funeral expenses in advance. However such funeral funds must be placed in an irrevocable-type trust fund with the funeral home to ensure that any unused funds will be paid to Medicaid after the Medicaid recipient's death. There are certain additional exempt resources, including the contents of a home.

An individual not in a nursing home can retain income of no more than $634 per month (this amount also increases depending on the number of family members who live with the Medicaid recipient) plus an unearned income credit of $20 and receive Medicaid community-based care.  An individual in an institution such as a nursing home is restricted to a personal needs allowance of $50 per month.

A non-Medicaid spouse (a spouse who is remaining in the community) of a Medicaid recipient in a nursing home can retain significantly higher amounts of assets and/or income and still not affect the nursing home spouse's Medicaid eligibility.  However, please consider the possibility that in some cases, if only one spouse needs Medicaid benefits it may be beneficial for that spouse to apply on his or her own; the non-Medicaid spouse must refuse to contribute his or her assets or income to the applicant-spouse's medical needs.  By doing this, and if the Medicaid applicant-spouse is otherwise eligible for Medicaid benefits, the Medicaid agency will grant benefits.  But, the same Medicaid agency may reserve the right to pursue the non-contributing spouse for support in family court.

Transfer of Assets Rules

Medicaid generally will look at all asset transfers in the last 3 years, and in some instances relating to transfers to and from trusts it will look back 5 years.  A Medicaid applicant for nursing home benefits (a person in a nursing home or receiving equivalent services in a hospital) will be ineligible for Medicaid nursing home benefits, or "penalized", for a period of time after he or she, or his or her spouse, made a gift of resources.  The "penalty" period is equal to the value of the gifted asset(s) (other than exempt assets) divided by the average cost of nursing home care to a private patient in the community.  In New York City, the average cost of nursing home care for 2002 is presumed to be $7,894 per month; on Long Island it is $8,272 per month; and in Westchester, Orange, Putnam and Rockland Counties it is $7,138 per month.

 

 

Connecticut Medicaid:

In Connecticut, Medicaid (also called Title 19) is a health care program operated by the State of Connecticut Department of Social Services.  Medicaid services include most medical expenses such as doctor visits, inpatient and outpatient hospitalization, lab and x-ray, durable medical equipment, home health care, vision and dental care, long-term care (nursing home care) and prescription drugs.

All Medicaid recipients are permitted to retain only a small amount of income and assets:  For 2002, a Medicaid recipient living alone may have no more than $1,600 in non-exempt assets to be eligible for Medicaid benefits (this amount increases depending on whether the Medicaid recipient is married). Exempt assets include such assets as the Medicaid recipient's home, burial plots, certain burial funds, essential household items, certain motor vehicles, and in some cases life insurance.

An individual not in a long-term care facility can retain income of no more than $574.86 per month or $476.19 per month (depending on where in Connecticut the Medicaid recipient lives) (these amounts also increase depending on whether the Medicaid recipient is married). Also, if the Medicaid recipient is working, Medicaid does not count against the income limit the first $65 ($85 for blind persons) plus 1/2 of the remainder of monthly income.    Plus, Medicaid will also disregard a portion of certain unearned income, such as Social Security and pensions. 

The income limit rules for a person living in a long-term care facility are different:  If the recipient's countable income is less than or equal to the private rate for the facility, the applicant meets the income eligibility standard.  However, if the recipient's countable income is higher than the facility's private rate, then the recipient must spend-down his or her income (subject to certain non-countable expenses) before he or she is eligible.

A non-Medicaid spouse (a spouse who is remaining in the community) of a Medicaid recipient in a long-term care facility can retain significantly higher amounts of assets and/or income and still not affect the institutionalized spouse's Medicaid eligibility.  However, in some cases, if only one person needs Medicaid benefits it may be advantageous for that person to apply on his or her own.

Transfer of Assets Rules

Medicaid generally will look at all asset transfers in the last 3 years, and in some instances relating to transfers to and from trusts it will look back 5 years.  An individual who is applying for long-term care facility benefits (such as a nursing home or equivalent facility) or a person receiving home and community-based services under a Medicaid waiver or Connecticut Health Care program) is ineligible for Medicaid long-term care facility coverage for a period of time after a gift of resources by the person or his or her spouse.  The "penalty" period is equal to the value of the gifted asset(s) (other than exempt assets) divided by the average monthly cost of nursing facility services to a private patient in the community.  For Medicaid applicants, the average monthly cost of nursing facility services to a private patient in the community is based on the figure as of the month of application.  For Medicaid recipients, the average monthly cost of nursing facility services to a private patient in the community is based on the figure as of the month of institutionalization.

 

 

 

DO NOT BEGIN GIFTING ASSETS FOR MEDICAID PURPOSES WITHOUT FIRST CONSULTING A KNOWLEDGEABLE ATTORNEY

 

 

Call us at 800-501-3220 or Email Us to learn more about Medicare and Medicaid, and how you can prepare a proper Medicaid plan.
 

 
   
 
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Jeffrey A. Asher, PLLC. 
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