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  Specializing in Elder Law
Florida Bar Board Certified
410 South Lincoln Avenue | Clearwater, Florida 33756-5826
Phone: 727.441.4516 |  E-mail:
ElderLaw@Charlie-Robinson.com

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Navigating the Long Term Care System in 2005 

© 2005 Charlie Robinson
November 15, 2005

When a senior citizen suffers from acute illness such as heart disease or cancer, the individual and her family work through a variety of health care options. What is best for the elder patient- surgery followed by chemotherapy or radiation, or is the most effective treatment non-surgical?

Whatever the final course of treatment may be in acute illness, there is one common comfort- the necessary procedures for the chosen course of treatment will be mostly or completely covered by Medicare and a relatively inexpensive supplement or by a managed care plan leaving patient share of cost from hundreds to a few thousand dollars.

A senior stricken by chronic illness such as stroke, Alzheimer’s disease, Parkinson’s, ALS (Lou Gehrig’s), MS, has a different scenario to deal with. Chronic illness is at least as devastating to an individual and her family as acute. In Alzheimer’s we watch a parent, sibling or friend lose the ability to take care of personal needs and become a virtual stranger to the person we have known and loved.

On top of the care needs, the chronically ill must risk her hard-earned financial security as well as her health. If long term care starts with a hospital stay of at least three days followed by the need for skilled or rehabilitative care, the most covered care possible for most folks will be an additional 100 days of Medicare coverage. After the rehab is terminated the elder or her family have three possible sources of payment;

  1. Private pay currently ranging from $2,000 or higher in assisted living to nursing care at a current rate of $5,000 or more per month, not including prescription costs.
  2. Long term care insurance. We have seen too many cases where long term care insurance, which I recommend to clients in good health with the ability to pay the premiums, is insufficient to keep pace with the rising private pay long term care costs.
  3. Medicaid which has become a tattered, changing safety net for the chronically ill.

Elder law attorneys have spent the last 20 years or so helping families protect assets when an elder is afflicted with chronic illness. Medicaid is the only program for the chronically ill and also the only program that requires the ill person to repay the government for care services. Medicare has no repayment requirement. More seniors and their families should be asking why the chronically ill must suffer from disease discrimination.

The elder law bar has also spent the last twenty years advocating systemic change that will eliminate the need to provide asset protection services by allowing chronically ill persons, mostly seniors, to be cared for without significant financial risk in the same manner as those with acute illness. So far, our efforts aren’t working.

Instead of a system that is more consumer-friendly, we are faced with a system more complex and convoluted than ever.

Our political leaders seem to have singled out Medicaid recipients as a target for budget reform while spending in other areas runs rampant. It is important to our culture and our society that we do not punish elders for contracting the wrong disease.

 

Floridia Board Certied Elder Law Attorney

NAELA

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