Seniors who have been overcharged by Medicare’s prescription drug program shouldn’t look to the government for help.  The government-run health-care program for older adults appears to have washed its hands of any responsibility for mistakes that have cost subscribers and taxpayers several billion dollars.  That was the message contained in Medicare’s response this week to.. read more →

As many Social Security Disability Insurance (SSDI) recipients already know all too well, there is currently a two-year waiting period from the day their applications are approved until they can begin receiving Medicare benefits. This policy forces people with disabilities to either find another form of health insurance (sometimes through Medicaid, if they qualify), or.. read more →

A new Programs Operations Manual System (POMS), used by Social Security Administration employees to administer the Social Security and Supplemental Security Income (SSI) programs, has recently been issued by the Center for Medicare and Medicaid Services (CMS) for trusts under the heading “SI 01120.200 Trusts – General, Including Trusts Established Prior to 1/1/00, Trusts Established.. read more →

Below is compilation of Medicaid, Medicare, Social Security and other figures for 2009 that are of interest to the elderly, the disabled and their families. Source: ElderLawAnswers.com Medicaid Spousal Impoverishment Figures for 2009 – effective January 1, 2009 In 2009, the spouse of a Medicaid recipient living in a nursing home (called the “community spouse”).. read more →

Because much of the elder law practice population is elderly or disabled and at or below the poverty level, a basic understanding of Social Security programs (and related Medicare and Medicaid benefits) is important. Social Security Disability (“SSD”) Benefits: Available to a blind or disabled worker who: (1) applies for benefits; (2) has not reached.. read more →

The Second Circuit Court of Appeals ruled that until a patient is formally admitted to a hospital as an inpatient, the clock does not begin to run on Medicare’s three-day hospital stay requirement to qualify for skilled nursing facility coverage. estate-of-landers-v-leavitt (2nd Cir., No. 06-4921-cv, Oct. 1, 2008).   Marion Landers, along with several other.. read more →

Medicare’s monthly premium will be unchanged at $96.40 next year for most of the 44 million beneficiaries in the U.S. health program for the elderly and disabled. This is the first time in eight years the rate won’t rise.  Medicare fees will stay the same partly because the program’s reserves have increased, according to a.. read more →

The Centers for Medicare & Medicaid Services (CMS) has issued a new State Medicaid Directors Letter concerning “hospital acquired conditions.” The gist of the letter is that as of October 1, 2008 Medicare will stop reimbursing hospitals for the extra cost of treating certain conditions that, evidence shows, should not occur if treatment in the.. read more →

New Jersey issued updated numbers for calculating Medicaid eligibility in 2008. They are: Minimum Community Spouse Resource Allowance – $20,880.00 Maximum Community Spouse Resource Allowance – $104,400.00 Resource Allowance for an Individual – $2,000.00 Resource Allowance for a Couple (both husband and wife in a nursing home) – $3,000.00 Minimum Monthly Maintenance Needs Allowance through.. read more →