October 15 through December 7
The Medicare Open Enrollment period begins October 15 and run through December 7. During the enrollment period, Medicare recipients can change Medicare Advantage plans, switch from traditional Medicare to a Medicare Advantage Plan, or switch from a Medicare Advantage Plan to traditional Medicare coverage. The following information is designed to help people better understand these options and to learn where they can find more detailed, unbiased, information on their options.
Traditional Medicare Coverage- Traditional Medicare Coverage is comprised of three parts: Hospital Insurance (Part A), Medical Insurance (Part B), and Prescription Insurance (Part D). Part A is provided to people age 65 or older who is eligible for Social Security or Railroad Retirement benefits. Part B has a premium, which is deducted from your Social Security or Railroad Retirement monthly benefit before you receive it. Part D is purchased through insurance companies; these premiums may be paid directly to the insurance company or deducted from your Social Security or Railroad Retirement benefit. Because there are deductibles and co-pays with traditional Medicare, it is wise to purchase supplemental insurance. These policies are known as Medigap policies. Medicare requires all companies offering Medigap policies to standardize their policies. The policies are categorized by capital letters, and insurance companies must provide identical coverage for each “letter” category. This enables you to easily compare prices. Go to Medicare’s website, www.medicare.gov, click on the “Supplements and Other Insurance” tab, then click on “Find a Medigap Policy,” and follow the directions to obtain a list of available insurance companies providing Medigap policies for your area. With a Medigap policy you will have two insurance cards (Medicare and Medigap).
It is important to show both cards to medical providers to be sure claims are filed with both insurances. If your Medigap policy does not include prescription coverage, you can also purchase a Part D policy from participating insurance companies; you would use that card for any prescriptions. If you follow the directions in the next section for “Find Health and Drug Plans,” you can obtain information on participating companies in your area.
Medicare Advantage Programs– Medicare Part C is the Medicare Advantage Program. Here an insurance company contracted with Medicare combines the traditional Medicare coverage with supplemental coverage, and it issues a single policy under that insurance company. There are a variety of Medicare Advantage plans: Health Maintenance Organizations (HMO), Preferred Provider Organizations (PPO), Point of Service Organizations (POS), and Private Fee for Service (PFFS). With some Medicare Advantage policies you may incur a financial penalty if you use an out-of-network provider, or fail to obtain authorization from your primary care physician for certain treatments. Go to Medicare’s web site, www.medicare.gov, click on “sign up/change plans,” then click on “Find Health and Drug Plans,” and follow the directions to find insurance companies offering: drug coverage, Medicare Advantage coverage, or both. With a Medicare Advantage Policy you do not use your Medicare card. You only use the card Issued by the insurance company since it combines your Medicare and supplemental coverage into a single policy.
Enrollment Period- In most circumstances you are allowed to drop or switch a Medicare Advantage Plan only during the enrollment period (October 15 to December 7). The “Medicare & You” handbook listed on Medicare’s website gives information on exceptions to this. To get the handbook go to Medicare’s website, www.medicare.gov, click on “Help and Resources,” and then click on “Publications.”
Questions to Consider During the Enrollment Period-
1. Does your present or former employer provide part or all of your health insurance coverage, either as a Medigap policy or as a Medicare Advantage policy? If the answer is yes, you may incur premium costs if you switch from your employer’s plan to another plan.
2. Do you travel frequently outside your local area? Or, do you spend extended time during the year outside your local area? If the answer to either question is yes, and you would like a Medicare Advantage policy, you would be wise to find out how the insurance company handles medical claims when you are outside their network of local providers. While they will have provisions for emergency medical care, routine medical care may be problematic.
3. If you want to switch from traditional Medicare to a Medicare Advantage policy, or if you want to switch Medicare Advantage companies, you would be wise to check if the new insurance company has a network of preferred providers. Some Medicare Advantage policies have financial penalties if you go outside their network of providers. You may also want to check if your current medical providers are in the new company’s network of providers.
Sources of Help- During the enrollment period many insurance companies offer free information and seminars. The information may be factual, but the sales people can only tell you about the policies offered by their company. For unbiased information, check out all the information on Medicare’s website. Medicare not only gives you listings of the companies providing policies in your area, but also rates these policies. The APPRISE program through the PA Department of Aging (1-800-783-7076) also provides help with health insurance questions. The APPRISE program utilizes trained volunteers with whom you can meet to have them explain your Medicare options.
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REGISTER HERE for LONG-TERM CARE PLANNINGPower of Attorney
A Power of Attorney can be used to give another person the right to sell a car, home, or other property in the place of the maker of the Power of Attorney. A Power of Attorney might be used to allow another person to sign a contract for the maker of the Power of Attorney (the person who makes a power of attorney is called the “principal”). It can be used to give another person the authority to make health care decisions, do financial transactions, or sign legal documents that the principal cannot do for one reason or another. With few exceptions, Powers of Attorney can give others the right to do any legal acts that the makers of the Powers of Attorney could do them themselves. A General Power of Attorney gives the “power of attorney Agent” or simply “Agent” (the legal name of the person who is authorized to act for the principal) very broad powers to do almost every legal act that the principal can do. When Elder Law Attorneys draft general Powers of Attorney, they still list the types of things the Agent can do but these powers are very broad. People often do general Powers of Attorney to plan ahead for the day when they may not be able to take care of things themselves. By doing the General Power of Attorney, they designate someone who can do these things for them.
Normal Powers of Attorney terminate if and when the principal becomes incompetent. Yet many people do Powers of Attorney for the sole purpose of designating someone else to act for them if they cannot act for themselves. It is precisely when persons can no longer do for themselves that a Power of Attorney is most valuable. To remedy this inconsistency, the law created a Durable Power of Attorney that remains effective even if a person becomes incompetent. The only thing that distinguishes a Durable Power of Attorney from a regular Power of Attorney is special wording that states that the power survives the principal’s incapacity. Even a Durable Power of Attorney, however, may be terminated under certain circumstances if court proceedings are filed. Most Powers of Attorney done today are durable.
Yes. At the time the Power of Attorney is signed, the principal must be capable of understanding the document. Although a Power of Attorney is still valid if and when a person becomes incompetent, the principal must understand what he or she is signing at the moment of execution. That means a person can be suffering from dementia or Alzheimer’s Disease or be otherwise incompetent sometimes but as long as they have a lucid moment and are competent at the moment they sign the Power of Attorney, it is valid even if they do not remember signing it at a later date. At the time it is signed, the principal must know what the Power of Attorney does, whom they are giving the Power of Attorney to, and what property may be affected by the Power of Attorney.
Any competent person eighteen years of age and older can serve as an agent. Certain financial institutions can also serve. There is no course of education that agent must complete or any test that Agent must pass. Because a Power of Attorney is such a potentially powerful document, agents should be chosen for reliability and trustworthiness. In the wrong hands, a Power of Attorney can be a license to steal. It can be a big responsibility to serve as an agent.
For Medicaid
Medicare is health insurance and covers medical services such as physician appointments, therapy, blood tests, x rays, medical procedures and hospitalization. Medicare will sometime pay for rehabilitation in a long-term care facility for a period of 20 to 100 days, but not longer. In long-term care, Medicaid covers the cost of ongoing support services for daily functioning, such as room and board in a nursing home.
Medicaid is a federal program that is overseen by the Center for Medicare and Medicaid Services (CMS). In Pennsylvania, Medicaid is called Medical Assistance and is administered by the Department of Human Services (DHS).
In Pennsylvania, Medicaid funds are not available to pay for assisted living or personal care.
For Medicaid to pay for care in a nursing home, an individual recipient must be determined to need a nursing home level of care by a physician and the local Office of Aging. An individual whose income is not greater than three times the poverty level may keep up to $8,000 of total resources, but may otherwise keep only $2,400. The cash value of life insurance counts as a resource, but one car and a residential home does not count as a resource.
Empowering Clients with Holistic Planning at
Keystone Elder Law
At Keystone Elder Law, we believe that the physical, social, legal, and financial considerations of our clients all intertwine. We utilize an interdisciplinary approach to evaluate each area, which allows for the creation of a plan that addresses the concerns of the individual as a whole as well as the family. To this end, our model of practice includes a Care Coordinator (usually a nurse or social worker), whose expertise complements our team of attorneys.
When the road of life is smooth, decisions about legal and financial matters are easy to push aside for “a rainy day.” Planning ahead, however, will allow for more options as you view the map of where you’ve been and where you want to go. Don’t let a crisis limit your choices or derail your plans.
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