Chronic understaffing. Low-wage caregivers. Difficulty containing infections. These are problems that nursing homes faced in the best of times but that have proved especially deadly as the coronavirus pandemic has spread like wildfire though long-term care facilities. In response, many states have moved to shield nursing homes — and in some states assisted living facilities as well — from lawsuits related to the care they are providing during the pandemic. Long-term care advocates are fiercely opposing the measures. 

The coronavirus pandemic has hit nursing homes particularly hard. One-third of all deaths are residents or workers in nursing homes or other long-term care facilities, and in 15 states more than half of all COVID-19 deaths have been related to long-term care. In the best of times, nursing homes often have problems with staffing shortages and infection outbreaks, and the pandemic has exacerbated these problems. 

Residents and families who are unhappy with the way their facility has handled the outbreak may not have much recourse against the facility. According to Time, at least 18 states have granted long-term care facilities some legal immunity from lawsuits related to the pandemic and another 10 states are considering protections. These provisions tend to grant immunity from civil, but not criminal, lawsuits to facilities that are providing care in good faith during the pandemic (an exception is New York’s recently enacted law, which gives immunity to nursing homes from both civil and criminal lawsuits). While the immunity does not apply to willful or criminal misconduct or gross negligence, it may apply to harm stemming from resource and staffing shortages. As the states act, industry lobbying groups are pushing for the federal government to enact broad immunity protections as well. 

Long-term care advocates are opposing the rush to grant immunity to nursing homes, with one advocate calling it “basically a license for neglect.” A group of organizations that advocate on behalf of nursing home residents sent a letter to Congress, arguing that residents need the protection that a lawsuit can provide now more than ever. The letter points out that none of the previous safeguards for residents — including long-term care ombudsmen, regular inspections, and family supervision — are currently available to residents due to lockdowns. 

Despite states' grants of immunity, families of nursing home residents affected by COVID-19 are looking for ways to hold the facilities accountable. E-Street Band guitarist Nils Lofgren has spoken out about his anger and disappointment over New Jersey’s immunity provisions and has filed a lawsuit against his mother-in-law’s nursing home. A Florida law firm is also planning to file suit against two nursing homes for their handling of the pandemic, and a California family is suing a nursing home, arguing that the nursing home negligently allowed a staff member with COVID-19 to work at the facility. 

Another potential avenue of liability for nursing homes is from staff lawsuits. Many nursing home workers contracted COVID-19 at work. The family of a deceased nursing home employee in Texas is suing the nursing home for wrongful death. The lawsuit alleges the facility did not properly respond to the pandemic and did not provide their employees with personal protection equipment. 

To read an article from Time about the push to grant immunity to nursing homes, click here.

The COVID-19 pandemic has sent unemployment to its highest levels since the Great Depression, and older workers have been particularly hard hit, with one in five over age 55 now out of work, according to one estimate.

Many people continue to work beyond retirement age, either by choice or out of necessity, at the same time that they receive Social Security benefits. Other older workers are now being forced to take their benefits early after losing their jobs (although doing so permanently reduces the amount beneficiaries can receive).

If you are already receiving Social Security, are you also eligible for full unemployment benefits? Until recently, the answer was not necessarily.  Many states reduced unemployment benefits of those receiving Social Security retirement benefits by up to 50 percent, something called the “Social Security offset.” But after AARP and the National Unemployment Law Project pushed to have these laws overturned, this is no longer the case. In 2015, Illinois became the last state to repeal the Social Security offset.

“These two benefits are not duplicate payments,” the Law Project said at the time. “Older workers who must work or choose to work should not have their unemployment benefits cut or eliminated simply because they have reached the age to qualify for Social Security.”

Unemployment insurance is administered by the states.  For information on filing for unemployment insurance and to find your state’s office, click here.

Similar to Social Security, certain other “unearned” income you may receive, like annuities and investment income, do not count against receiving unemployment insurance.  Only earned income affects unemployment benefits.

For a calculator from the job listing site Zippia that estimates your weekly benefit depending on your state, click here.

 

 

 

 

The federal coronavirus relief bill has sent direct emergency payments to some 150 million Americans in the wake of the pandemic. Among the recipients are possibly millions of deceased individuals, raising questions about what their survivors should do with the money. After weeks of silence, the IRS has finally confirmed that the money should be returned and explained how to do it.

The Coronavirus Aid, Relief, and Economic Security (CARES) Act, signed into law March 27, 2020, included one-time payments of up to $1,200 to millions of eligible individuals, based on their income. To determine who was eligible, the IRS looked at 2018 and 2019 tax returns, without first cross-checking with the Social Security Administration’s master file of U.S. deaths, which apparently would have taken weeks.

As a result, some individuals who passed away after filing 2018 or 2019 taxes have been receiving relief payments, causing confusion for their families. According to the Centers for Disease Control and Prevention, 2.8 million people died in 2018, which means the IRS potentially could have sent out millions of checks to deceased individuals. Although Treasury Secretary Steven Mnuchin said in an interview that the money had to be returned, the IRS was slow to explain how exactly to go about doing that. 

The IRS has now issued guidance, clarifying that the money must be returned. According to the agency, the full amount of the payment sent to a deceased individual should be returned unless there is a surviving spouse. In that case, only the deceased spouse’s portion should be returned. Checks should be voided and returned by mail to the IRS. If a family member cashed a check or the money was received via direct deposit, the recipient of the funds should send the funds back via a personal check or money order. 

Whether you have to return the money is another question. “There’s no legal interpretation,” Nina Olson, a former IRS official and current executive director of the Center for Taxpayer Rights, told The Wealth Advisor.  “I don’t know how they’re basing their decision” to request the money be returned.  Olson said it is “unlikely” the IRS would sue taxpayers for the erroneously awarded stimulus money.

For further instructions on how to return the payment, click here.  

Access to affordable medical care is especially important during a global health crisis. You should be aware that federal law prevents the states that have accepted increased Medicaid funding from terminating Medicaid benefits while the coronavirus health emergency continues.

The Secretary of Health and Human Services has declared a nationwide public health emergency for COVID-19. In light of the public health emergency, the Families First Coronavirus Response Act provides that if you were enrolled in Medicaid as of March 18, 2020, the state (provided it accepted expanded Medicaid funds during the crisis) cannot terminate your benefits even if there is a change in your circumstances that would normally cause your benefits to be stopped. The law states that your Medicaid coverage must continue through the end of the month in which the Secretary declares that the public emergency has ended. The only exceptions to this non-termination rule are if you choose to terminate your benefits yourself or you move to another state. 

States that already terminated a Medicaid recipient’s benefits should be contacting recipients and encouraging them to reenroll. If the state determined that you were “presumptively eligible” for benefits before March 18, 2020, this rule does not apply to you, and the state may terminate your benefits if it eventually concludes you are not eligible for benefits. However, if you have coverage because you are appealing a decision of ineligibility that was made before March 18, 2020, the state cannot terminate your benefits during the health emergency. 

For an FAQ about the Medicaid requirements under the law, click here.

The closure of Social Security offices has caused problems and worries for recently unemployed seniors who need to apply for Medicare after losing their employer coverage. In response, the federal government has announced that seniors affected by the crisis have additional time to enroll in Medicare or change plans.

With millions of people out of work and losing their employer health insurance due to the coronavirus pandemic, the need for Medicare coverage is critical. While it is possible for some seniors to apply for Medicare online, others need to provide more information, including individuals who did not sign up for Medicare Part B initially because they had health insurance through an employer. Seniors who are applying for Medicare Part B after losing their job need to provide proof of their employer policy along with their Medicare application to ensure they aren’t subject to substantial penalties. With Social Security offices closed, Medicare applicants may have difficulty figuring out how to submit the necessary information or getting answers to their questions about their application. 

The Centers for Medicare and Medicaid Services (CMS) has announced changes to Medicare enrollment periods to help seniors affected by the coronavirus pandemic. Those who missed their opportunity to enroll in Medicare will have additional time to apply. CMS is providing “equitable relief” to seniors who:

• were in their Initial Enrollment Period (IEP), General Enrollment Period (GEP), or Special Enrollment Period (SEP) between March 17, 2020, and June 17, 2020; and
• did not submit an enrollment request to the Social Security Administration (SSA).

Seniors have until June 17, 2020, to submit an application. Applications can be submitted via fax to 1-833-914-2016 or mailed to the local SSA field office. Although SSA offices are closed for in-person service, offices are still processing applications received by mail. For the SSA’s Social Security Office Locator, go here: https://secure.ssa.gov/ICON/main.jsp. 

For questions and answers on how to submit a Medicare application and what information is needed, click here.

In addition, CMS has announced an SEP for people to make changes to their Medicare Advantage and prescription drug plans if they missed the open enrollment period or a special enrollment period due to the coronavirus pandemic. The SEP is available until July 13, 2020. 

For more information from CMS, click here. 

The Federal Trade Commission (FTC) is warning residents of long-term care facilities and their families that some facilities may unlawfully require residents who are on Medicaid to sign over their $1,200 pandemic relief checks.

“This is not just a horror story making the rounds. These are actual reports that our friends in the Iowa Attorney General’s Office have been getting—and handling. Other states have seen the same,” writes Lois Greisman, the FTC’s Elder Justice Coordinator, in a May 15 alert.  

The Coronavirus Aid, Relief, and Economic Security (CARES) Act included one-time payments of up to $1,200 to millions of eligible individuals, based on their income. Ordinarily, nursing home and assisted living residents receiving Medicaid benefits must give all their income to the facility, minus a small “personal needs allowance.” However, the economic impact payments that are part of the CARES Act are a tax credit. According to tax law, tax credits don’t count as “resources” for federal benefit programs like Medicaid. The money belongs to the resident, not the facility. 

The FTC says that if a loved one lives in a nursing facility and you’re not sure what happened to their payment, talk with them soon.  If the facility took the payment already, get in touch with your state attorney general and ask them to help you get it back, and then tell the FTC at ftc.gov/complaint.

For the FTCs alert to consumers, click here.

For the agency’s companion alert to businesses, titled “Nursing homes and assisted living facilities: Hands off residents’ stimulus checks,” click here.

For a fact sheet from the National Center on Law & Elder Rights (NCLER) titled “Nursing Home Residents, Medicaid, and Stimulus Checks: What You Need to Know,” click here.

For an NCLER fact sheet for those receiving Medicaid in assisted living facilities or in the community, click here.

 

 

In the wake of the coronavirus pandemic, unemployment is skyrocketing. Seniors who lose their jobs may be tempted to claim Social Security benefits early, but should they, given the resulting reduction in future benefits? The answer depends on your situation, but you may be able to claim and not sacrifice much in terms of future benefits.  

While you can claim Social Security benefits as early as age 62, the better financial decision is usually to wait to take benefits as long as you are able. If you take Social Security between age 62 and your full retirement age, your benefits will be permanently reduced to account for the longer period you will be paid. Individuals who file at age 62 this year will receive 72 percent of their full benefit. On the other hand, if you delay taking retirement beyond your full retirement age, depending on when you were born, your benefit will increase by 6 to 8 percent for every year that you delay, in addition to any cost of living increases. This extra income could be very welcome, especially if you live into your 80s or beyond.

Unfortunately, many seniors who lose their job due to the coronavirus pandemic may find it necessary to apply for benefits early, potentially losing hundreds of thousands in future benefits. Before rushing to apply for early retirement benefits, you should consider all of your options. If you are lucky enough to have substantial savings, it may make sense to spend your savings rather than take benefits early. You may also be able to apply for unemployment benefits to allow you to further delay taking benefits. 

If you do not have any savings or unemployment benefits to fall back on, your only option may be to claim benefits. However, if you do claim early and then go back to work, you may have the ability to increase those benefits. If you are able to stop the benefits within 12 months of starting, you can withdraw the application, repay the benefits collected, and then still be eligible for the higher benefit amount at full retirement age or older. It is essentially a one-year interest-free loan. For more information, click here.

If you take benefits early but are not able to stop the benefits within 12 months of starting, you can still suspend your benefits in order to earn higher benefits. For example, if you start collecting at age 62 but no longer need the income once you reach your full retirement age, you could suspend benefits until age 70. You won't get a complete do-over, but between your full retirement age and 70 you would earn delayed retirement credits, which would increase your ultimate benefit amount when you collect at age 70. 

Whatever you decide, consider all of your options carefully before making any rash decisions. 

For a New York Times article about taking benefits early, click here.

For more about Social Security, click here.

The coronavirus relief bill includes a direct payment to most Americans, but this has Medicaid recipients wondering how the payment will affect them. Because the payment is not income, it should not count against a Medicaid recipient’s eligibility. 

The Coronavirus Aid, Relief, and Economic Security (CARES) Act provides a one-time direct payment of $1,200 to individuals earning less than $75,000 per year ($150,000 for couples who file jointly), including Social Security beneficiaries. Individuals earning up to $99,000 ($198,000 for joint filers) will receive smaller stimulus checks. Payments are based on either 2018 or 2019 tax returns.  

The basic Medicaid rule for nursing home residents is that they must pay all of their income, minus certain deductions, to the nursing home. If the stimulus payment were considered income, it would likely have to go straight to the nursing home. Since in most states Medicaid recipients cannot have more than $2,000 in assets, there was also concern that the stimulus payments could put many recipients over the asset limit. 

In a blog post, the commissioner of the Social Security Administration (SSA) has clarified that the SSA will not consider stimulus payments as income for Supplemental Security Insurance (SSI) recipients, and the payments will be excluded from resources for 12 months. Because state Medicaid programs cannot impose eligibility requirements that are stricter than SSI requirements, the payments should not affect Medicaid eligibility. 

For more information on how the CARES Act affects seniors, click here.

The centerpiece of the $2 trillion Coronavirus Aid, Relief, and Economic Security (CARES) Act, signed into law March 27, 2020, is its one-time $1,200 payments to millions of eligible individuals. When can you expect your payment and how much will it be? The answer to the first question has been changing on an almost daily basis, but finally seems to have come into focus.  Here’s the latest word.

How Much Will You Receive, If Anything?

Under the bill, one-time checks in the amount of $1,200 will go to individuals ($2,400 for couples who filed joint taxes) who earned less than $75,000 ($150,000 for joint filers) on their most recent tax returns, which is either the person’s 2018 or 2019 returns, depending on if they have already filed for this year. Individuals earning up to $99,000 ($198,000 for joint filers) will receive smaller relief checks. Families are entitled to an additional $500 per child under age 17 in the household. The bill also increases weekly unemployment payments by $600 per week for four months.

When Can You Expect the Money?

Those people for whom the Internal Revenue Service (IRS) has direct deposit information will receive their relief money quickest. The first wave of direct deposits went out on April 11, starting with low- and middle-income earners. How long it takes for the funds to hit your account depends on how long it takes your bank to process direct deposits.  

What If the IRS Doesn’t Have Direct Deposit Information for You?

The IRS has direct deposit information for only a minority of relief payment recipients. Those who don’t have deposit information on file have two options: they can wait for their paper check to arrive – which could take a long time – or they can enter their direct deposit information using a new portal the IRS just set up.

Those who don’t provide their bank information to the IRS can expect to receive paper checks, which may take up to 20 weeks to arrive. In other words, some needing quick financial relief may not get their money until September. The IRS is expected to begin issuing paper checks on April 20, with about 5 million checks mailed per week, although the checks may be further delayed because the Treasury Department has ordered that President Trump's name appear on them. Checks will be prioritized to reach low-income earners first. 

If you filed a tax return, your check will be issued automatically to the address the IRS has on file for you and you don’t have to do anything to get it. If you haven’t filed a tax return this year, you should do so as soon as possible so you can receive any relief payment coming to you.

What About Those Who Don’t File Tax Returns?

Initially, the IRS declared that it would have to have a tax return on file for anyone receiving a relief payment.  Many low-income people, however, do not file tax returns because they simultaneously earn too little and lack sufficient employment history to be eligible for a refund. This population includes some of the most vulnerable to the coronavirus — the elderly and people with disabilities. It is estimated that more than 15 million Social Security beneficiaries did not file tax returns last year. 

After protests from AARP, lawmakers, seniors, and other advocacy groups, the IRS reversed course and said that Social Security retirement and disability recipients, some veterans, and many others who don’t file tax returns would automatically receive their checks using information the IRS gleans from Form 1099.  However, that still left plenty of people who don’t receive 1099s – including recipients of Supplemental Security Income (SSI) and veterans disability compensation — out to dry because they don’t receive 1099 forms. A few days later, the IRS announced its new non-filers portal, where recipients can enter pertinent information to receive their checks, and on April 15 the Department of the Treasury announced that SSI recipients will have the  $1,200 emergency COVID-19 relief checks automatically deposited in their bank accounts just as they would normally receive their SSI benefit. . 

According a Social Security Administration notice issued on April 10, “people who receive Social Security retirement, survivors, or disability insurance benefits and who did not file a tax return for 2018 or 2019 and who have qualifying children under age 17 should now go to the IRS’s webpage to enter their information instead of waiting for their automatic $1,200 Economic Impact Payment.  By taking proactive steps to enter information on the IRS website about them and their qualifying children, they will also receive the $500 per dependent child payment in addition to their $1,200 individual payment.  If Social Security beneficiaries in this group do not provide their information to the IRS soon, they will have to wait to receive their $500 per qualifying child.”

What About Those Who Lack Internet Access?

Not everyone, especially low-income people, has access to a computer and the Internet, and so won’t be able to fill out the form on the IRS portal. The IRS has not yet announced a solution for these people.

You Can Check Your Relief Payment’s Status

On April 17, the IRS launched a “Get My Payment” Web tool where relief payment recipients can check the status of their payment and when it is expected to arrive via direct deposit or mail. If you filed a tax return in 2018 or 2019 and didn’t sign up to receive a refund via direct deposit (or didn’t receive a refund at all), you’ll be able to provide your bank information to the IRS using this Web tool, in addition to the non-filers portal the agency previously set up.

 

 

 

 

 

There is no question a shortage of affordable housing exists in Massachusetts and while I’m generally in favor of any way to expand the supply, this proposed funding mechanism is not the way to go at this time.

The proposal to support affordable housing with a fee of up to 2 percent on real estate sales above the statewide median price for single-family homes — might sound commendable. But is it fair to ask buyers and sellers of houses to foot the bill for a common good, as opposed to the community in general?  I believe the answer is ‘no.’

Click here to view the full article on the Boston Globe’s website.