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Attorney Barry R. Crimmins is someone that you can depend on personally.
We take a small town approach to our client relationships and carry that personal
commitment into all of our cases.
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Life Happens. We Help You Plan For It.
The many stages of life present a variety of legal implications. Guidance on
Estate Planning and Administration, Medicaid and Elder Law issues are our focus.
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What Is Elder Abuse? Elder Law Q&A

October 18, 2023 By Barry Crimmins

Senior man leans his head into his hands.Ten percent of adults 65 and older experience elder abuse each year, according to the U.S. Department of Justice (DOJ). Elder abuse happens when a caregiver or another trusted individual causes physical, mental, or financial harm to an older adult by an act or omission

Types of Elder Abuse

Abuse of an elder may encompass financial exploitation, caregiver neglect, mental abuse, and physical or sexual mistreatment. An individual may experience multiple forms of abuse at once. The World Health Organization (WHO) reports that abuse adversely affects the lives of older people, resulting in physical injuries, mental health issues, financial hardship, cognitive decline, and early death.

Financial Abuse

Of the 10 percent of older adults who experience abuse, roughly half are victims of financial abuse, per the DOJ. Financial abuse occurs when a person takes or misuses a person’s assets.

In many cases, the abuser is someone the older adult trusts or expects to act in their best interest, such as a family member or fiduciary. Individuals often rely on others to help manage their finances as they age. Those with health conditions such as dementia that affect personal decision-making and financial planning are particularly at risk. Financial abusers may exploit an older adult’s trust in them or misuse their authority as surrogate decision-makers for seniors.

Examples of elder financial abuse include the following:

  • Using an invalid or forged power of attorney to get control of an elder’s accounts
  • Having an older adult with dementia sign an estate planning or financial document that they do not understand
  • Taking valuables, such as jewelry, from the home of an older relative during a visit
  • Pressuring or coercing a senior to change their will to benefit the abuser
  • Denying an older person access to family money or personal resources
  • Refusing to provide an older person with money to preserve an estate for others

In a recent example of alleged financial abuse, the late U.S. Sen. Dianne Feinstein sued trustees of a fund set up by her husband, according to NBC News. The 90-year-old senator alleged that trustees committed financial abuse by refusing to give her the distributions to which she was entitled in an effort to preserve the amount her husband’s children would receive.

Caregiver Neglect

Neglect also affects approximately half of abused elders. The DOJ reports that caregiver neglect is the most highly underreported form of mistreatment.

Older adults residing in community settings and facilities often rely on others to help them with their basic needs. Caregivers help seniors with activities of daily living (ADLs), such as bathing, dressing, getting in and out of bed, managing meals, and taking medications.

When an individual fails to provide for the needs of an adult in their care, whether intentionally or through oversight, the adult in care can suffer dehydration, bed sores, depression, anxiety, worsening health, premature death. Caregivers in nursing homes and private residences can cause harm through negligence, such as dropping a resident when moving in and out of bed, administering the wrong medication, or failing to provide adequate nutrition.

Mental Abuse

Psychological abuse affects slightly less than half of elder abuse victims. This type of abuse is nonphysical, but it can have a severe impact, often co-occurring with other types of abuse, such as neglect and financial coercion. Caregivers and family members can perpetrate mental abuse.

The following exemplify mental abuse:

  • Ignoring or refusing to communicate with an elder
  • Yelling at an individual to insult them, put them down, or intimidate them into doing something
  • A guardian or surrogate decision-maker forcing their will on an older person
  • Name-calling and belittling
  • Preventing a senior from seeing friends and family and engaging in community activities

Physical and Sexual Abuse

While less prevalent than other types of abuse, physical and sexual abuse can have severe consequences.

The National Institute on Aging (NIA) defines physical abuse as bodily harm. Physical abuse can include the following:

  • Hitting, pushing, and slapping
  • Using restraints, locking someone in a room, or preventing them from leaving
  • Physically intimidating an older adult without directly hitting them, such as by throwing an object across the room

The NIA further explains that sexual abuse entails forcing an elder to engage in or watch sexual acts. Most sexual abuse occurs in nursing homes, according to NursingHomeAbuseGuide.org. Older women are six times more likely to experience sexual abuse than senior men.

Preventing Abuse

If you suspect that you or a loved one are facing elder abuse, the following resources can help.

  • Through its National Elder Fraud Hotline, the DOJ provides services to older individuals who could be victims of financial fraud.
  • State long-term care ombudsman programs advocate for residents of long-term care facilities, including nursing homes and assisted living facilities. Find your state’s program at ConsumerVoice.org.
  • The Victims of Crime Act Victim Assistance Program funds state programs to assist elder abuse victims. Locate your local Office for Victims of Crime.

You can also learn more about your legal rights by consulting with an elder law attorney in your area. An attorney can help you identify and stop the abuse and advocate for financial compensation.

Filed Under: blogs

Medicare Part B Premiums, Deductibles Going Back Up in 2024

October 18, 2023 By Barry Crimmins

Piggy bank sits atop wooden blocks spelling out the year 2024.In 2023, seniors were happy to see their Medicare Part B standard monthly premiums and annual deductibles go down for the first time in more than a decade. Unfortunately, that’s not the case for 2024, when these charges will be back on the rise.

In the fact sheet it released about the updated numbers, the Centers for Medicare & Medicaid Services (CMS) outlined the following changes for 2024:

Medicare Part B Changes

Medicare Part B enrollees will pay a standard monthly premium of $174.70 come 2024 (up $9.80 from $164.90 in 2023). (Note that beneficiaries who have higher incomes typically have a higher premium.)

The Part B annual deductible is rising to $240 in 2024 (an increase of $14 from $226 in 2023). Part B enrollees must cover all costs until they meet this deductible; Medicare then pays for most of the remaining fees.

Medicare is a federal health insurance program for seniors and people with qualifying disabilities. Medicare Part B specifically focuses on covering such services as medically necessary visits to doctors, outpatient medical treatments, ground ambulance transport, and preventative care, including vaccines. 

Updates to Medicare Part A Charges

The deductible for Medicare Part A will also see a slight increase, about 2 percent, from $1,600 in 2023 up to $1,632 in 2024. Note that most people end up paying no premium for Part A because they (or their spouse) paid Medicare taxes throughout the years they were employed.

Part A relates to medical care in institutions such as inpatient hospitals and skilled nursing facilities, in addition to other settings. If you’re an enrollee and are admitted to a hospital, Medicare Part A will pay for your expenses for the first 60 days, after you pay your deductible. If you go to a skilled nursing facility, Part A covers the first 20 days. After that, you’ll have the following co-pays:

  • Co-payment for hospital stay, days 61 to 90 = $408 per day in 2024 (up from $400 in 2023)
     
  • Co-payment for hospital stay, days 91 and beyond = $816 per day in 2024 (an increase from $800 in 2023)
     
  • Co-payment for skilled nursing facility, days 21 to 100 = $204 per day in 2024 (up from $200 in 2023)

Medicare Open Enrollment

Each fall, from October 15 to December 7, Medicare’s Open Enrollment Period takes place. During this time, you can enroll in a plan or make changes to your existing plan. For some helpful resources on Medicare for the coming year, check out the following:

  • 3 Tips to Prepare Yourself for Open Enrollment
  • Feds Ease Enrollment Process for Medicare Savings Programs
  • Medicare Extra Help Program Set to Expand in 2024

Filed Under: blogs

What Will Your 2024 Social Security Benefits Look Like?

October 18, 2023 By Barry Crimmins

View of the Social Security Administration logo on its homepage, as seen with a magnifying glass.In 2023, recipients of Social Security benefits saw the biggest increase in decades in their monthly checks. Although their payouts will indeed rise again in 2024, the cost-of-living adjustment (COLA) will be more modest – just 3.2 percent, versus the nearly 9 percent boost in 2023.

Does COLA Only Affect Retired Workers?

Each fall, the Social Security Administration (SSA) announces changes to the annual cost-of-living adjustment for the forthcoming year.

Based in part on the consumer price index, the COLA has an impact on Social Security payouts for retirees as well as many seniors and people with disabilities who receive disability benefits.

How Much Can You Expect to Receive?

In early December, the SSA begins notifying Social Security’s roughly 66 million beneficiaries about what their monthly retirement benefits checks will total as of 2024. These notifications go out via snail mail. How much each recipient gets in their monthly payout can vary depending on such factors as one’s age, employment history, and past work earnings.

If you don’t want to wait for your mail to learn the details, you can find out how much more you will be receiving in 2024 by visiting the My Social Security online portal in December. There, not only can you obtain details on what your 2024 benefits increase will look like, but you can also carry out numerous other tasks, including estimating your spouse’s Social Security benefits, reviewing your statements, opting out of some printed mailings, or updating your direct deposit information.

As a result of the latest COLA, the monthly amount retirees will receive in their 2024 Social Security checks will, on average, be $59 higher than in 2023 – about $1,907 (up from $1,848). This equals $22,884 per year for an individual recipient.

What About My 2024 SSI Payments?

If you are among the 7.5 million people who receive Supplemental Security Income (SSI), the announcement regarding COLA will also bring your payouts up by 3.2 percent.

So, in 2024, the maximum monthly SSI benefit will rise from $914 to $943. (Maximum monthly payouts for couples receiving SSI will be $1,415, up from $1,371.) These adjustments begin earlier, on December 29, 2023.

Are These Payout Increases Enough?

Many seniors have concerns about the failure of Social Security payouts in keeping up with rising prices for everything from prescription meds to groceries. They aren’t wrong; a 2023 survey showed that benefits have effectively resulted in a 36 percent loss in buying power since 2000.

Administrators of the survey give an example of the effects: A dozen eggs in 2023 cost $4.21 on average. In 2000, the cost hovered around a dollar – that’s an increase of more than 300 percent.

Get additional details on the 2024 Social Security changes on the SSA website.

Filed Under: blogs

What Are Veterans Death Benefits?

October 18, 2023 By Barry Crimmins

Folded American flag for a veteran's burial service lies outside on a glass stand with roses.Although death benefits are available to veterans, as well as their families and veterans who did not engage in combat, less than half of those who are eligible for death benefits use them, according to the American Association of Retired People. Available veterans death benefits may include burial in a national cemetery, compensation for expenses, or grave markers for private cemeteries. 

Burial in VA National Cemeteries: Who Is Eligible?

While many believe that death benefits are only available for those who fought in combat, most veterans are eligible to be buried in a Veterans Administration (VA) national cemetery.

To qualify for these benefits, the veteran’s discharge must not have been dishonorable. They must have received care from a VA facility, gotten a VA pension, or passed away while serving or because of a service-connected disability.

Veterans’ spouses, minor children, and unmarried adult dependent children may also be able to qualify for veterans death benefits, allowing them to be buried in national cemeteries alongside their loved ones.

Veterans Burial Benefits: Help for Families

Individuals who make funeral arrangements for qualifying deceased veterans can receive compensation to cover the expenses. To obtain benefits, an individual must have paid for the burial, transportation, or funeral costs. The person must have also either been a close family member or managed the estate.

For instance, a friend named executor of the estate and tasked with making final arrangements could use the veteran’s death benefits to cover the costs associated with a memorial service.

If your loved one is a veteran, you could receive compensation for up to $2,000 of funeral expenses. For those buried in a national cemetery, benefits provided at no cost include a gravesite, services to open and close the grave, and maintenance of the gravesite.

Additional benefits can include the following:

  • A headstone or marker
  • A burial flag
  • A presidential memorial certificate, an engraved paper certificate signed by the current president
  • Military funeral honors
  • A webpage celebrating the life of the individual

Inurnment or burial of cremated remains occurs with the same honors as a traditional burial.

When a spouse or dependent of a veteran passes away, they may qualify to be buried with the veteran, and their names added to headstones at no cost. Even if they predecease the veteran, veterans death benefits cover their burial in a national or private cemetery. This allows veterans to be buried beside their loved ones.

Making Advance Arrangements

While veterans do not need to plan their funerals and burials ahead of time, the VA does preapprove national cemetery burials. Preapproval involves determining whether you are eligible, selecting a VA national cemetery, and filling out an application.

Even if you do not preplan your services, let your loved ones know where you have stored your discharge papers.

Headstone Markers

As an alternative to being buried in a national cemetery, veterans and active-duty service members may also receive headstones, markers, and medallions if laid to rest in a private cemetery.

  • This is available to veterans buried in unmarked graves anywhere in the world.
  • Headstones, markers, and medallions are also available for graves marked with privately purchased headstones for veterans who died on or after November 1, 1990.

Those who served as enlisted personnel after September 7, 1980, or as officers after October 16, 1981, must have either died while serving on active duty or served for at least two years of continuous active duty.

Additional Resources

Surviving family members can consult Burial Benefits for Veterans and their Families. This guide created by the VA offers details to families on how to make final arrangements. To learn more, you also can call your local VA office or 800-827-1000 (TTY is 711).

Funeral directors can assist with obtaining burial flags, ordering headstones, requesting military funeral honors, and more. A local, qualified attorney can also help families obtain veterans death benefits and make arrangements for their final resting places. An attorney can help make funeral and death arrangements in advance so that families do not have to worry. If a death is sudden, an attorney can also help surviving loved ones access death benefits.

Filed Under: blogs

Is an Independent Living Facility Right for Me?

October 18, 2023 By Barry Crimmins

Senior African American woman stands smiling outside of her independent living complex.Housing options and the associated costs are among the top priorities for many seniors. Today, the housing market is unpredictable, while many seniors currently living independently may also have concerns about continuing their lifestyles. Moving to an independent living facility may be the best choice to accomplish your financial goals and maintain your way of life.

What Is an Independent Living Facility?

An independent living facility is a housing arrangement that caters to older people, usually aged 55 and older. These facilities offer a community. Residents can live with people who share common interests while having fun and staying active. Some people may refer to these facilities as 55-and-over communities, active adult communities, or retirement communities.

These environments are different from other long-term care facilities. For example, in nursing homes patients are not likely to live in a private apartment or arrangement. They are usually dependent on medical caregivers. Residents of assisted living facilities, meanwhile, may not require medical care 24-7, but do need assistance with activities of daily living.

In contrast, older adults who live in independent living facilities continue to maintain their independent lifestyles but gain the support of trained staff.

Who Is the Best Fit for Independent Living?

Independent living facilities best serve seniors who do not require constant medical care. If you or your spouse require round-the-clock medical attention, you should consider another living arrangement. However, there are usually 24-hour staff in these types of facilities to respond in case of an emergency.

While independent living facilities are best for more active seniors, they are also beneficial for older adults who do not have the ability or resources to maintain their homes anymore. Independent living facilities remove the need for older people to do household chores and yardwork, which can make their lives that much easier.

Types of Independent Living Facilities

Living arrangements in these facilities can vary. Here are some of the types of housing options an older adult can expect from an independent living facility:

Senior Apartments

A senior can choose to live in an apartment complex that is age-restricted, where most residents are at least 55 years old. Some facilities include recreational programs, community meals, transportation services, and community services in the rent.

Low-Income Housing

If you are a low-income senior, you may be able to find housing complexes that are subsidized by the United States Department of Housing and Urban Development (HUD). Learn more about HUD’s Supportive Housing Program.

Continuing Care Retirement Communities

At a Continuing Care Retirement Community (CCRC), seniors who can care for themselves but have declining health may be a good fit. CCRCs allow a spectrum of arrangements, so when a resident’s health starts to wane, they can easily move from one part of the facility to another that offers more extensive care while remaining in the same complex.

What Should I Look for in an Independent Living Facility?

You should take some time to consider what you want in your living arrangements before making a final decision about where you will spend your time in your older years.

You may want to consider location as a major factor in your decision. Will you be close enough to stay in contact with your network of family and friends, if that is your preference? Or would you like to make a move to a different state or a warmer climate to connect with new people?

What services are you set on having? For example, will you have your own vehicle and, if not, does the facility offer transportation options?

You may want to live in a facility that offers certain amenities. Perhaps you would like to use a gym, take part in classes or workshops, or enjoy other hobbies. Some facilities offer access to more than one on-site dining option. Others may have a movie theater, nail salon, walking trails, or organized trips to nearby museums, concert halls, or casinos.

Of course, cost is more often than not also part of the equation. Compare the costs of several different independent living communities if possible. Confirm whether the cost of the facility includes the services and amenities in which you are interested.

Pricing will also vary greatly across states and cities. For instance, in Connecticut, the average monthly cost for an independent living facility is nearly $3,500. In Mississippi, the average may be less than $2,000 a month.

Also, think about the following before choosing a community:

Your Health and Your Spouse’s Health

The level of care you and your spouse require is one of the biggest questions that you must answer before choosing the best living arrangements. Independent living facilities are not the best option for people who need a great deal of medical care.

Your Mobility

It may be time to make new living arrangements if your mobility has decreased as you have gotten older.

Can You Maintain Your Home?

Moving to an independent living facility can be a good decision for seniors who are looking to downsize from their home.

Filed Under: blogs

Understanding Nursing Home Arbitration Agreements

October 18, 2023 By Barry Crimmins

Senior couple sits in office signing documents.A part of long-term care planning can include finding the right nursing home facility for yourself or your loved one. When you are searching for the right nursing home, you may find yourself sifting through piles of paperwork, and in that mountain of documents can be an arbitration agreement. Some nursing homes may attempt to bully you into signing this agreement, but remember that you have the right to refuse to sign it and continue to receive care.

What Is Arbitration?

Arbitration is an alternative dispute resolution process that keeps parties out of court by resolving their matter through a less formal legal process. There are no judges, and the parties do not need to have attorneys represent them when they present their case. An arbitrator listens to each side of the case and facilitates negotiation and settlement between the parties.

What Is an Arbitration Agreement?

An arbitration agreement includes the terms that the parties agreed to during the arbitration process. The parties’ agreement is typically reduced to writing and signed.

Depending on your state, an arbitration agreement is filed with the appropriate court. The agreement has the force of law. If either party does not abide by its terms, the court will enforce the agreement.

Why Do Nursing Home Facilities Want Residents to Sign Arbitration Agreements?

The nursing home that you choose may want you to sign an arbitration agreement. Arbitration agreements in the nursing home context are usually not beneficial to the resident or their families. However, nursing home facilities stand to benefit. If residents agree to arbitration, nursing homes can avoid the expense of hiring lawyers and trials should a dispute arise about your loved one’s care.

Benefits of Arbitration for You

There are several benefits of using arbitration if you need to resolve legal issues with a nursing home. Arbitration is different from a traditional lawsuit in some critical ways. Arbitration, as compared to a typical court case, is less expensive, confidential, and resolves faster.

The Downside of Using Arbitration

Agreeing to arbitration strips you of the right to take your case to court. Nursing homes may include various types of disputes in their agreements and ask you to sign them before receiving their services. By signing an agreement to an alternative dispute resolution, you lose your right to a day in court if you or your loved one suffer any of the following while a resident:

  • Acts of physical or sexual assault
  • Receiving incorrect medication or the wrong medication dose
  • Malnutrition or dehydration
  • Theft of money or other belongings
  • Outbreaks of infection or other disease
  • Wrongful death

What Should I Look Out for in Nursing Home Arbitration Agreements?

You should never sign an agreement unless you completely understand it. Typically, arbitration agreement clauses are buried in other admission paperwork. Remember that signing an arbitration agreement is not mandatory for admission into a nursing facility. Before you agree to arbitration, look for these red flags:

  • The agreement explicitly states that your care depends on whether you sign the agreement. This is untrue and a major red flag for an arbitration agreement and the facility.
  • Agreements that limit the amount of damages that you can collect after an injury or loss. Nursing homes use arbitration agreements to limit their financial exposure if a resident is hurt. You should consider protecting yourself and your legal right to financial recovery before making any final decisions.

Contact an Experienced Elder Law Attorney to Discuss Your Options

Speaking to an attorney before committing to an arbitration agreement can help protect your rights in the long run. You can find an elder law attorney in your area by searching here.

To further educate yourself as you navigate the process of looking for a nursing home, check out the following articles:

  • Selecting the Nursing Home That Is Right for You
  • The Difference Between Assisted Living and Nursing Homes
  • What Are Nursing Homes Residents’ Rights?

Filed Under: blogs

Elder Law News, October 2023

September 28, 2023 By Barry Crimmins

Hello there,

Getting older comes with opportunities and challenges, but fear not, we have your back! Are you concerned about Alzheimer’s? While there’s no known cure, proactive steps can help with prevention. Meanwhile, guess what? Signing up for Medicare Savings Programs just got simpler! The Feds have streamlined the process, making it easier to tap into helpful benefits.

And if you’re yearning for adventure, these travel tips make your outings enjoyable and safe for you and your companions. Why not explore and create some beautiful memories?

As always, we’re just a click or a call away if you have more questions. Here’s to embracing life’s journey with optimism and ease!

Feel free to reach out at any time. At BRC, we’re always happy to help our clients live their best life.

Filed Under: blogs, recent news

Pay Monthly for Medicare Part D Prescriptions Come 2025

September 28, 2023 By Barry Crimmins

Collection of prescription pills on top of a $100 bill.What Is Medicare Part D?

Adults who are age 65 and older can enroll in Medicare, a federal health insurance program. If you have signed up for Medicare Part A, Part B, or both, you can also sign up for Part D.

Available through private insurers, Medicare Part D remains optional and covers certain categories of prescription medications. When choosing a Part D plan, review the specific drugs that each plan covers. You may already rely on a particular prescription medication or medications. Take the time to determine whether it appears on the list of drugs covered by any plans you are considering.

To get a better understanding of the wealth of options available for Medicare coverage, be sure to visit the Medicare website.

What Is the Medicare Prescription Payment Plan?

In August 2023, the Centers for Medicare & Medicaid Services (CMS) announced that a new Medicare Prescription Payment Plan will start in 2025. Under this plan, all Medicare prescription drug plans, including Medicare Advantage plans, will now offer enrollees the option to spread out their prescription drug out-of-pocket costs over 12 months.

How Will It Work?

You may have high prescription costs; about one-third of seniors today in fact have trouble affording their medications. Meanwhile, about one in five say they have chosen to skip dosages from time to time to make their high-cost prescriptions last longer.

If you normally pay at the pharmacy at the time you pick up your prescription, you will have another option under the new plan. Come 2025, you can opt to be billed for and pay these costs (capped at a certain amount) over time through your insurer. This is meant to make prescription drugs more accessible and manageable for those who need them most. It will not, however, change the prescription costs.

Starting in 2025, Part D enrollees may opt into the program by contacting their Part D sponsor and completing the Medicare Prescription Payment Plan election process. This is true regardless of whether you have a traditional or Medicare Advantage plan.

What Happens Next?

After enrolling in the plan, your sponsor will notify any pharmacy that fills a prescription of your status, and you will not pay anything at the register. Instead, you will be billed the cost in monthly installments by your plan sponsor.

If you do not pay the billed amount, your participation in the program may be terminated. However, you cannot be terminated from the Part D plan for failing to pay for your prescriptions. In addition, CMS guidance states the sponsor must do the following:

  • issue notices for missed payments,
  • give a grace period of at least two months for failure to pay the billed amount, and
  • create a reinstatement process to allow those enrolled to get back into the program if they can show good cause for failing to make payments.

The Plan May Not Be Right For You

If affording your medication is a hardship and spreading out payments over 12 months would not provide enough reprieve, a more appropriate option may be one of the four Medicare Savings Programs or the Medicare Part D Low Income Subsidy known as Extra Help. Not everyone is eligible for these programs, however, and you must apply for these options.

While the Medicare Prescription Payment Plan may be good news for many, it may not be right for everyone, such as those with low out-of-pocket prescription costs. It is expected that feedback from the public and other interested parties will add some further changes to the proposed Medicare Prescription Payment Plan to help as many people as possible.

Additional Resources

To learn more about Medicare, including your payment options, be sure to consult with a local elder law attorney. Find a qualified elder law attorney near you today.

You may also wish to check out the following articles:

  • Avoiding the Medicare Part D Late Enrollment Penalty
  • Turning 65? What You Need to Know to Sign Up for Medicare
  • Medicare Advantage: An Alternative to Original Medicare

Filed Under: blogs

Feds Ease Enrollment Process for Medicare Savings Programs

September 25, 2023 By Barry Crimmins

Senior couple online together on laptop in home office.Many Medicare recipients struggle to make ends meet. Special savings programs administered by each state can help cover certain Medicare costs, such as premiums and deductibles. The criteria one must meet to qualify for this assistance, known as Medicare Savings Programs (MSPs), can vary by state.

According to AARP, MSPs could save low-income people who enroll in Medicare up to $7,000 annually. Yet roughly half of the millions of individuals who are eligible for MSPs have not enrolled in these programs. Some people may be unaware of their MSP coverage options. Others have opted to avoid the complicated yearly application and renewal processes altogether.

Four Main Types of Medicare Savings Program Coverage

There are four main type of MSPs available to people with limited means:

  • Qualifying Medicare Beneficiary (QMB) Program – This is the most comprehensive of the four types of coverage. The QMB Program helps cover the cost of Medicare Part A and Part B premiums, deductibles, coinsurance, and copayments.
  • Qualifying Individual (QI) Program – The QI Program offers financial assistance to qualifying individuals on their Part B premiums.
  • Specified Low-Income Medicare Beneficiary (SLMB) Program – The SLMB Program helps Medicare enrollees with Parts A and B by covering some of the costs for Part B premiums.
  • Qualified Disabled and Working Individuals (QDWI) Program – The QDWI Program helps support disabled individuals under 65 who work.

A Simpler Application

In Fall 2023, the Centers for Medicare & Medicaid Services (CMS) announced its plan to make access to MSPs easier for many more low-income seniors and people with disabilities. The agency estimates that nearly 900,000 more individuals across the country could come to benefit from MSP coverage as a result.

Qualifying individuals who wish to enroll in an MSP will be able to do so through a streamlined application process, starting in mid-November 2023. Those interested in re-enrolling in their MSP will also be able to follow a less complex process.

Other Improvements

In addition to a simplified application, other expected changes under this initiative include the following:

  • Individuals receiving Supplemental Security Income (SSI) who qualify for Medicare will get automatic enrollment in the QMB Program. Enrollees in this MSP receive financial assistance with Medicare Part A and B premiums as well as other costs.
     
  • States will be seeking to enroll people who are part of the Medicare Part D low-income subsidy into the MSP coverage options for which they qualify.
     
  • Seniors and people with disabilities applying for these programs could save almost 19 million hours in paperwork annually. They may also save more than $87 million on transportation, postage, and other costs associated with applying for or renewing their MSP coverage.

The goal of the new rule, the CMS states, is threefold. It seeks to:

  1. finalize policies to streamline MSP eligibility and enrollment processes,
     
  2. reduce administrative burden on states and applicants,
     
  3. and increase enrollment and retention of eligible individuals.

Consult With an Expert

You may need further guidance on the Medicare Savings Programs available to you. Consider contacting your state State Health Insurance Assistance Program (SHIP) or a qualified elder law attorney in your area. 

Filed Under: blogs

Can Alzheimer's Disease Be Prevented?

September 25, 2023 By Barry Crimmins

Group of smiling older women in park together doing sports in the fall.While new knowledge becomes available each year about promising potential treatments for Alzheimer’s disease, recent research is also focusing on the prevention of the disease or mitigation of its symptoms.

Newly developing treatment techniques and technology may bring a path for prevention, perhaps in particular among people with a genetic predisposition to develop Alzheimer’s disease.

What Is Alzheimer’s Disease?

Alzheimer’s disease is a type of dementia that affects a significant part of the American population over the age of 65. Alzheimer’s causes cognitive decline and early death in patients who deal with this illness.

A healthy brain uses neurons as transmitters to communicate information through a human’s body. When a patient develops Alzheimer’s disease, the brain suffers damage, and the neurons that communicate information from the brain through the body stop functioning optimally. When that happens, the patient will have a hard time developing new memories. Their cognitive abilities continue to decline steadily until their death.

What Are the Causes of Alzheimer’s Disease?

Alzheimer’s, like many other chronic health problems, appears to become a greater risk as people age. Anyone, but especially someone who carries certain genes, may be vulnerable to developing it simply by getting older.

While having a family member who has this condition does not guarantee that you will develop it, it is important to know your family history to assess your risk. For those with early-onset Alzheimer’s, there may be a stronger genetic component at play.

Scientists believe that other factors, from lifestyle habits to environmental factors, can also reduce or increase a person’s risk of developing dementia. Regardless of the causes, researchers seem to remain hopeful that there are preventative measures one can take, as explained below.

Early Signs of Alzheimer’s Disease

Learning the early signs of Alzheimer’s disease can be helpful as a part of prevention. Symptoms will vary based on the person, but some common initial signs of Alzheimer’s disease include the following:

  • Significant memory loss that disrupts a person’s daily life
  • Trouble keeping track of money, bills, and other financial responsibilities
  • Mood swings and personality changes
  • Difficulty maintaining personal hygiene
  • Losing track of time

Risk Factors and Alzheimer’s Research

While there is not currently one definitive way to prevent Alzheimer’s disease, promising research is emerging in better understanding the disease that may point to future possibilities for reducing one’s risk or slowing the disease’s progression.

A4 Trial

A study known as the A4 trial committed to researching the ability of antibodies to reduce the risk of Alzheimer’s disease in people older than 65. Its goal was to test whether decreasing the amount of the amyloid protein in the body with an effective antibody would help decrease the progression of memory loss associated with build-up of this protein in some patients.

Regrettably, researchers found that the drug studied in the trial does not appear to slow the onset of this disease. Yet the study seems to confirm that an elevated amount of amyloid protein in a patient’s brain does in fact advance memory loss.

Studies Regarding Genetic Mutations

The Dominantly Inherited Alzheimer Network is currently studying known genetic mutations that virtually guarantee carriers of the mutation will develop Alzheimer’s as they get older. These genetic mutations refer to the development of early-onset Alzheimer’s disease affecting about 1 percent of all Alzheimer’s patients.

Beta-amyloid plaque is located inside the brain and is suspected by researchers to cause cell and tissue death leading to Alzheimer’s disease. Clinical trials led by these researchers are looking at drugs that may reduce the progression of beta-amyloid plaque buildup.

Benzodiazepines: A Word of Caution

People at risk for developing Alzheimer’s disease and people over the age of 65 may want to speak to their health care provider if prescribed benzodiazepines to treat anxiety or depression disorders.

Alzheimer’s interrupts the neurotransmitters in the brain that communicate messages throughout the body. Benzodiazepines are depressant drugs used to treat seizures, insomnia, and anxiety disorders. Benzodiazepines release a neurotransmitter that tells the patient’s brain to slow down.

Long-term use of benzodiazepines could be dangerous, however, according to some research. This is an issue when older adults have been prescribed them as a treatment for anxiety and other medical issues. Yet other studies question whether these medications in fact cause dementia.

Heartburn Medication: A Possible Link

Prolonged use of certain heartburn medications may be connected to the development of Alzheimer’s in older adults. According to a recent study, longtime use of certain over-the-counter heartburn medications, such as Prilosec, Nexium, and Prevacid, suggest a link to a 33 percent increase in dementia risk compared with people who do not take these types of drugs. Further research, however, remains necessary.

Blood Pressure Medications: A Potential Plus

Meanwhile, another analysis suggests that patients who are controlling their high blood pressure with the use of prescription drugs may see a lower risk for developing dementia than patients who are leaving their hypertension untreated.

Air Pollution and Alzheimer’s?

Exposure over time to poor air quality may also have a connection to the development of dementia. Smoke from wildfires, traffic exhaust, and agricultural emissions may all be possible risk factors, researchers have said.

Technological Advancements in Alzheimer’s Diagnosis

Technological advancements in diagnosis may help researchers to understand more of the signs of dementia and Alzheimer’s.

One of the earliest signs of Alzheimer’s is struggling with speech, whether it is struggling to find the words during a conversation or keeping up a conversation with someone. Speech patterns help doctors understand a patient’s level of cognitive impairment. Artificial intelligence could aid medical professionals in analyzing speech and language patterns that may help catch the early signs of dementia and Alzheimer’s.

Other studies are exploring the effectiveness of diagnosing Alzheimer’s early with a headband device that monitor’s a person’s brain activity. Individuals may even seek out a simple blood test that is newly available for predicting risk of the disease.

Can I Reduce My Risk?

While there is still no definitive way to prevent the development of Alzheimer’s disease, there are some lifestyle changes that may help reduce the risk of developing dementia, including the following:

  • Eating a healthy diet that is rich in vitamins and minerals
  • Volunteering
  • Getting regular exercise
  • Doing brainteasers like puzzles, and crosswords
  • Engaging in activities like playing instruments, doing arts and crafts, or becoming a part of a book club
  • Keeping a journal
  • Maintaining good sleep habits

In addition to the above, it is important to maintain an active social life, especially when you start to get older. Having good conversations and engaging with others can keep your brain activity up, help you avoid memory loss, improve your listening and communication skills, and promote overall well-being.

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Elder Law News, October 2023

Getting older comes with opportunities and challenges, but fear not, we have your back! Are you concerned about Alzheimer’s? While there’s no known cure, proactive steps can help with prevention. Meanwhile, guess what? Signing up for Medicare Savings Programs just got simpler! The Feds have streamlined the process, making it easier to tap into helpful benefits.

Elder Law News, July 2023

Looping our readers in on the issues that impact the senior community is always a priority. And this month, there’s much to share.

June newsletter

Elder Law News, June 2023

As a trusted counsel for all things relating to eldercare in Massachusetts, I wanted to share pressing topics impacting our beloved seniors.

march newsletter

Elder Law News, March 2023

As the generation of Baby Boomers ages, many are finding their adult children aren’t in the financial position to provide support if long-term care is needed.

BRC Newsletter March

Elder Law News, September 2022

As the generation of Baby Boomers ages, many are finding their adult children aren’t in the financial position to provide support if long-term care is needed.

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