For more information about the author, click to view their website: Entrusted Legacy Law
The No Surprises Act is a federal law enacted to
protect patients from unexpected medical bills incurred on or after January 1,
2022. It aims to address the issue of surprise medical billing, which can occur
when patients receive unexpected charges for their medical care. The Act
applies to out-of-network emergency services, out-of-network air ambulance
services, and certain out-of-network care received at in-network facilities.
Help for Seniors
The Act is important for all patients, but especially for
seniors. Seniors are especially vulnerable to surprise medical billing because
they often need more health care than other populations. They are more likely
to be seen by out-of-network providers. The Act protects them from unexpected
charges and provides a much-needed safeguard for their medical expenses.
Under the Act, patients are not responsible for surprise
medical bills beyond their in-network cost-sharing amount. This means that
patients will only be responsible for paying the same amount they would have
paid if an in-network provider provided the care. The Act also prohibits
balance billing, which is when providers bill patients for the difference
between their charges and the amount paid by the patient’s insurance.
This can be relevant in a variety of settings seniors
encounter, including emergency room visits, second opinions, surgical
procedures, and even skilled nursing care where independent contractors provide
services. Under the Act, providers must accept the Medicare-approved amount as
payment in full. This prevents patients from being surprised with large
balances and protects them from unexpected financial hardship.
Exceptions to the Act
There are some providers and services that are exempt from
the Act’s billing protections (although your state may have a similar law that
does not exempt them). These include:
If You Are Uninsured
For uninsured or self-paying patients, the No Surprises Act
provides rules for a good faith estimate of how much a medical service will
cost. You may request an estimate if you schedule a medical service at least
three business days out or simply ask for one. If your final bill is $400 or
more than the estimate, you may be able to dispute it. Having a good faith
estimate allows patients to make informed decisions about their care.
Independent Dispute Resolution
To resolve payment disputes between providers and insurers,
the Act establishes an independent dispute resolution (IDR) process. This
process allows providers and insurers to submit their proposed payment amounts
to an independent arbiter who makes the final decision. The IDR process aims to
protect patients from being caught in payment disputes and ensures a fair
resolution for all parties involved.
Pricing Transparency
In addition to protecting patients from surprise medical
bills, the Act also includes provisions to increase health care pricing
transparency. Health insurers must provide patients with clear and detailed
information about their health care coverage. This includes a description of
providers’ network status and estimated cost-sharing amounts. This increased
transparency aims to empower patients to make informed health care decisions
and avoid unexpected charges.
The No Surprises Act is a significant step toward addressing
surprise medical billing and protecting patients from financial harm. By
implementing clear rules and procedures, patients are not caught off guard by
unexpected charges and have access to fair dispute resolution. With the Act in
place, patients can have more confidence in seeking medical care, knowing they
will not face unexpected financial burdens.
Contact Sharek Law Office at 412-547-9855 or click here to schedule a complimentary 15-Minute Call to see how we can help you.
This article is a service of Sharek Law Office, LLC. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Life and Legacy Planning Session, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life and Legacy Planning Session and mention this article to find out how to get this $750
1. How Do Seniors Pay for Long-Term Care?Seniors pay for long-term care through personal savings and income, long-term care insurance, Medicaid, Veterans benefits, home equity, and family support. Medicare does not cover most long-term custodial care, so planning early matters.Common Ways to Pay Personal savings and income: Retirement accounts, pensions, Social Security, and investments. This is the most common source of payment. Long-term care insurance: Policies that reimburse care costs after a waiting period. Medicaid: A joint federal and state program for people with limited income and assets. Veterans benefits: Programs such as Aid and Attendance for eligible veterans and surviving spouses. Home equity: Selling the home, renting it out, or using a reverse mortgage. Life insurance and annuities: Some policies can be converted, sold, or paired with long-term care riders. Family contributions: Informal care or shared costs, ideally documented in a care agreement. Why Planning Early HelpsInsurance is cheaper and easier to qualify for in your 50s and early 60s. Medicaid planning also involves a five-year look-back on asset transfers in most states, so last-minute moves can trigger penalties. 2. What Does Medicare Cover for Senior Care?Medicare covers short-term skilled nursing after a qualifying hospital stay, part-time home health care, hospice, and medically necessary services. It does not cover long-term custodial care such as help with bathing, dressing, or assisted living room and board.What Medicare Covers Skilled nursing facility care: Up to 100 days per benefit period after a qualifying hospital stay of at least three days. Days 1 to 20 are fully covered; days 21 to 100 require a daily copayment. Home health care: Part-time skilled nursing and therapy for people who are homebound and under a doctor's care. Hospice: Comfort-focused care for those with a terminal illness and a life expectancy of six months or less. Medical equipment: Items such as walkers and hospital beds when medically necessary. What Medicare Does Not Cover Long-term custodial care in a nursing home Assisted living costs Non-medical, ongoing home care such as housekeeping and personal care Most adult day care Medicare Advantage PlansSome Medicare Advantage (Part C) plans add limited benefits such as meal delivery, transportation, or in-home support. Coverage varies by plan, so review the details. 3. Does Medicaid Cover Assisted Living or Home Care?Medicaid covers nursing home care in every state, and many states also help pay for home care and some assisted living services through waiver programs. It usually does not pay for room and board in assisted living, and availability varies by state.How Medicaid Helps Nursing homes: Covered nationwide for eligible individuals. Home and community-based services (HCBS) waivers: Help with personal care, adult day services, and in some states assisted living services. State plan personal care: Some states offer in-home help through regular Medicaid. Assisted Living and Room and BoardEven when a state covers assisted living services, residents typically pay for room and board from their own income. Waiver slots can be limited, and waiting lists are common. 4. What Is Long-Term Care Insurance, and Is It Worth It?Long-term care insurance pays for services like home care, assisted living, and nursing homes once you cannot perform certain daily activities or have cognitive impairment. It can be worth it for people with moderate assets who want to protect savings, but premiums can be high and may rise.How It Works Benefit trigger: Typically needing help with two or more activities of daily living, or having cognitive impairment. Daily or monthly benefit: The maximum the policy pays. Benefit period: How long payments last, such as two to five years. Elimination period: A waiting period, often 30 to 90 days, before benefits begin. Inflation protection: An option that helps benefits keep pace with rising care costs. Traditional vs. Hybrid PoliciesTraditional policies are stand-alone and pay only for care, and premiums can increase. Hybrid policies combine life insurance or an annuity with a long-term care benefit, often with fixed premiums and a death benefit if care is never needed. 5. How Much Should I Budget Monthly for Senior Care?Monthly senior care costs vary widely by location and level of care. As a rough guide, home care can run a few thousand dollars, assisted living about $5,000 or more, and nursing home care $9,000 to $11,000 or more. Always get local quotes.Typical Monthly Cost Ranges (U.S., Approximate) Type of care Rough monthly cost Adult day program $1,500 to $2,500 Home health aide or homemaker (44 hours a week) $5,000 to $6,500 Assisted living $5,000 to $6,000 Memory care $6,000 to $8,000 or more Nursing home (semi-private to private) $9,000 to $11,000 Figures are approximate and drawn from industry cost surveys; local prices can differ significantly.How to Build Your Budget Assess care needs: Ask a doctor or care manager what level of help is required. Get local quotes: Call several providers and ask exactly what is included. List all income: Social Security, pensions, retirement withdrawals, and benefits. Add hidden costs: Medications, supplies, transportation, entrance or community fees, and annual rate increases. Plan for increases: Care needs and prices tend to rise over time. Build a cushion: Set aside an emergency fund for unexpected changes. 6. Are There Financial Assistance Programs Available?Yes. Seniors may qualify for Medicaid, PACE, Veterans benefits, Medicare Savings Programs, SSI, food and energy assistance, and local Area Agency on Aging services. Eligibility depends on income, assets, location, and care needs.Programs to Explore Medicaid: Covers long-term care for those who meet income and asset rules. PACE (Program of All-Inclusive Care for the Elderly): Combines medical care and support services for eligible adults who qualify for nursing home level care and live in a service area. VA Aid and Attendance: An added monthly benefit for eligible veterans and surviving spouses who need help with daily activities. Medicare Savings Programs: Help pay Medicare premiums and sometimes cost-sharing. Supplemental Security Income (SSI): Monthly payments for people with very limited income and resources. SNAP and LIHEAP: Help with food and home energy bills. Area Agencies on Aging: Local meals, transportation, respite, and caregiver support. National Family Caregiver Support Program: Counseling, training, and respite for family caregivers. Application Tips Gather ID, income statements, bank records, and medical documentation. Apply to several programs at once. Ask about waiting lists and re-apply or follow up regularly. Disclaimer: This content is for educational purposes and is not legal or financial advice. Consult an elder law attorney, financial planner, or benefits counselor about your situation.
As you amass assets during the course of a lifetime, its easy to forget about how much you have and what its worth. Art in the attic, classic cars in storage, retirement accounts across multiple employers: if youre not aware of it all, your portfolio can lose value quickly. A financial advisor who offers assets under management services does so to protect your portfolio from the inevitable changes that your assets can undergo over time.Assets Under Management Strategies in Lancaster, Pa.The first asset you acquire in life, whether its a beatup car or a few shares of a brandnew company, is usually a gamechanging event. Its the first step on what is hopefully a journey toward a lucrative portfolio. Leveraging your assets to build your wealth is more than just financial jargon, its a path that can increase your wealth over time, so you can accomplish everything on your list.A financial advisor at a boutique retirement firm can take the time to get to know who you are and how you invest. At Bodnar Financial Group, Len Bodnar, RICP (R), is there to help his clients get a handle on their assets, so he can help you strategize them for better margins.For instance, a failing asset may need to be either sold or converted, depending on details behind the investment. A middlerange asset may need to be adjusted to optimize its performance. Finally, your strongest assets may need to be carefully watched, so a financial advisor can capitalize during the best of times and protect your wealth if and when it bottoms out.Theres a lot to be said for how assets change while you own them, and its not always easy to know when to cut and run from a property or when to stick with it. If you dont have the time or the inclination to spend on managing it all, the right financial advisor can help mitigate the stress. Its just one less thing to worry about as you get closer to your last day on the job.
Most people think that theyre managing their taxes as well as they can, regardless of whether they opt for the standard deduction, hire a CPA every year, or painstakingly comb through every line item. The reality is that no matter how you file, youre likely missing a few opportunities. When it comes to efficient tax management, its more than knowing every nuance of the local, state, and federal tax codes. Why Efficient Tax Planning is Critical in Lancaster, Pa Efficient tax management is a financial concept that shines a light on your portfolio in relationship to your larger retirement goals. A financial advisor will be able to see your taxes from every angle, which can help them make more lucrative decisions for your longterm future. For instance, if your capital gain taxes for next year are going to eat into your investment opportunities, your advisor may recommend deferring the taxes so you can maximize your returns. Even though you will have to pay the taxes at some point, the overall margins will be improved by the financial advisors plans. A financial advisor at a boutique retirement firm doesnt just know your investment strategies. In other words, theyre aware of more than just your personal relationship with risk and if you prefer to invest in the market or in real estate. At Bodnar Financial Group, you get to work with an expert who takes the time to find smarter strategies for you. When so much of your income goes to taxes, you have to ask yourself when you can use the tax codes to your advantage. The right professional can make a major difference to your bottom line, and this is true no matter how you envision yourself spending your golden years. Even those who have little more than a few modest demands for themselves may find that they want to support a specific charity or fund their grandchildrens college years. At Bodnar, you get all the guidance you need to achieve your goals.
Estate Planning for Everyone You Love and Everything You OwnHave you ever considered what would happenlegally and financiallyto you, your family, your assets, and everything you care about if the unexpected were to occur?If your estate plan is outdated or non-existent, your assets could be lost to the State Department of Unclaimed Property, subjected to an expensive and time-consuming probate process, or even end up in the wrong hands. Without a comprehensive estate plan, your loved ones may face unnecessary financial hardship, legal disputes, or court intervention at a time when they need certainty and protection the most.If you dont know exactly what would happen to everything you own and everyone you love, the first step is to gain clarity. You need to understand how your current estate plan (or lack thereof) will impact your family so you can make informed decisions about whether it truly aligns with your wishes.How Entrusted Legacy Law Helps You With Estate PlanningWe offer customized estate planning solutions designed to protect your family, preserve your wealth, and ensure your wishes are honored. Through our Life and Legacy Planning Session, we take the time to educate you on the legal, financial, and personal implications of your estate choices.Step 1: The Life and Legacy Inventory & AssessmentBefore your Life and Legacy Planning Session, you will complete a comprehensive estate inventory that outlines your financial assets, real estate holdings, retirement accounts, life insurance policies, and other valuable property. This step ensures that we have a full picture of your estate and can identify potential gaps in your asset protection strategy.Step 2: Creating a Personalized Estate PlanIf you decide that your current estate plan is inadequateor if you dont have one at allwe will work together to design a legally sound and strategically structured estate plan that meets your familys unique needs. The foundation of your estate plan will often include a revocable living trust, which allows you to transfer your assets into the trust while maintaining control during your lifetime.Benefits of a Revocable Living Trust: Avoid Probate Prevents the time-consuming and expensive court process that could otherwise delay asset distribution. Minimize Estate Taxes Helps reduce tax liabilities and protect your wealth for future generations. Ensure Privacy Unlike a will, which becomes public record, a trust ensures your estate remains private. Maintain Control Dictate how and when your assets are distributed to your heirs.For families with complex financial portfolios, business ownership, or special circumstances (such as blended families or special needs children), we offer advanced estate planning strategies tailored to your specific goals.Can You DIY Your Estate Plan?Many people wonder if they can create an estate plan using online templates or generic legal services. Unfortunately, most DIY estate plans fail when families need them the most. What often passes for "estate planning" is nothing more than basic document generation, where you answer a few questions and receive a generic template that may not fully protect your assets or your loved ones. No Personalization A generic template cannot address your unique family dynamics, financial situation, or specific legal concerns. Legal Loopholes Improperly structured wills or trusts may be contested in court, leaving your family in legal disputes. No Ongoing Maintenance Estate laws change, and without updates, your plan may become outdated and ineffective.At Entrusted Legacy Law, we dont just draft documentswe provide comprehensive estate planning services that ensure your estate plan actually works when it matters most. We take the time to understand your familys needs, educate you on your options, and create a legally enforceable, tax-efficient, and conflict-free estate plan that gives you peace of mind.Protecting Families & Minor Children Through Estate PlanningIf you are a parent with young children, your estate plan should begin with a solid foundation that ensures your children will always be taken care of, no matter what happens. Without the proper legal protections in place, your children could end up in the custody of someone you wouldnt have chosenor worse, under state guardianship.At Entrusted Legacy Law, we specialize in estate planning for families with minor children. We help parents:Name Legal Guardians Ensure your children are raised by trusted individuals of your choosing.Set Up Trusts for Minor Children Prevent financial mismanagement by appointing a responsible trustee to oversee assets.Establish Emergency Plans Provide clear instructions for immediate care in case of sudden incapacity or death.Whether youre planning for minor children, adult dependents, elderly parents, or a complex estate, we can guide you through the estate planning process with personalized strategies to protect your familys future.Secure Your Legacy With Entrusted Legacy LawEstate planning isnt just about who gets whatits about ensuring that your loved ones are financially secure, legally protected, and prepared for the future.If you want to create a comprehensive estate plan that reflects your wishes, avoids probate, minimizes taxes, and keeps your loved ones out of court and out of conflict, then now is the time to take action Contact Entrusted Legacy Law today at 412-547-9855 to schedule your Life and Legacy Planning Session and take the first step in protecting your family, your assets, and your future.
Pennsylvania Probate: What You Need to Know After the Passing of a Loved OneIf you are here to learn about Pennsylvania probate laws after the passing of a loved one, we first want to extend our sincere condolences. We understand that this is a difficult time, and we hope the information on this page provides clarity and helps minimize the legal and administrative challenges you may otherwise face.What Is Probate in Pennsylvania?Probate in Pennsylvania is a court-supervised legal process that ensures the transfer of assets from a deceased individual to their rightful heirs or beneficiaries. This process is essential for: Proving the validity of a will Appointing an executor (if there is a will) or an administrator (if there is no will) Inventorying and appraising estate property Paying outstanding debts, estate taxes, and creditors Distributing assets as directed by the willor by Pennsylvania intestacy laws if no will existsIn Pennsylvania, if a deceased person owned real estate or assets solely in their name, their estate must go through probate before assets can be legally distributed.The Downsides of Pennsylvania Probateand What You Can Do NextMany residents in Allegheny County, Butler County, Beaver County, Washington County, and Westmoreland County have heard that probate is a lengthy, expensive, and public process. Unfortunately, this is truewithout proper estate planning, probate can be costly and time-consuming.The best way to avoid probate in Pennsylvania is to plan ahead using strategies such as revocable living trusts, beneficiary designations, and joint ownership structures. However, if you are already in a position where probate is required, the best thing you can do is educate yourself and seek experienced probate legal assistance to complete the process as efficiently and cost-effectively as possible.How Is a Probate Case Started in Pennsylvania?Probate can be initiated by any beneficiary or creditor, but most often, the process begins when the Executor named in the will files the original will and a petition with the Pennsylvania probate court.If there is no will, a close relative of the deceased (such as a spouse, child, or sibling) typically files the petition to become the Administrator of the Estate.Choosing the Executor for a Pennsylvania EstateIf a valid will exists, the individual named as Executor will handle the probate processif they are eligible and willingIf no Executor is available or no will exists, any interested party (such as a family member) can petition the Pennsylvania Orphans' Court to be appointed as the Administrator of the Estate.Executor Compensation in PennsylvaniaUnder Pennsylvania probate law, Executors and Administrators receive compensation based on a percentage of the total probate estate value. This is designed to fairly compensate them for their time and effort in managing estate matters.However, Executors can be held personally liable for any mistakes made during the process. Given the complexity of Pennsylvania probate rules, its critical to work with a skilled probate attorney to avoid legal pitfalls.Do You Need to Go Through Probate If a Trust Exists?In most cases, no. If the deceaseds assets were properly titled in the name of a trust, probate is not required. Instead, the successor trustee will work with an estate planning lawyer to administer the trust and distribute assets.However, many families are surprised to learn that simply having a trust does not guarantee that probate will be avoided. Common mistakes include: The trust was not updated over time to reflect new assets. The decedents assets were never properly transferred into the trust.To ensure your estate plan works as intended, its important to work with an estate planning attorney who provides ongoing trust maintenance and reviews.Which Assets Are Subject to Probate in Pennsylvania?Assets that must go through probate include: Real estate, bank accounts, or investments owned solely in the deceaseds name Personal property and valuable assets without a beneficiary designationAssets that bypass probate include: Jointly owned property with Right of Survivorship Bank accounts or investment accounts with Transfer on Death (TOD) or Payable on Death (POD) designations Life insurance policies and retirement accounts with named beneficiariesHowever, some assets that normally bypass probate can still become subject to the process under certain circumstances. Consult with a Pennsylvania probate attorney to determine if probate applies to your specific situation.How Pennsylvania Intestacy Laws Distribute an Estate When There Is No WillIf no valid will exists, Pennsylvania intestacy laws dictate how the estate will be distributed:1 Spouse (If married, a portion or all of the estate goes to the spouse)2 Children (If the deceased had children, they inherit next)3 Parents (If there are no children, parents inherit)4 Siblings (If no spouse, children, or parents, siblings inherit)This highlights the importance of estate planningwithout a will or trust, the state determines who receives your assets.How Long Does Pennsylvania Probate Take?The timeline for Pennsylvania probate varies depending on the estates complexity. On average: Minimum of 12 months for simple cases Up to 2+ years for complex estates, disputes, or tax-related mattersWhat Are the Costs of Probate in Pennsylvania?Probate costs in Pennsylvania include: Attorneys fees (Based on estate size and complexity) Court filing fees Executor fees (set by Pennsylvania law) Appraisal and valuation fees Publication and administrative costsIn more complex estates, additional fees may apply, increasing probate expenses and delays.How to Choose the Right Pennsylvania Probate AttorneySelecting the right probate lawyer in Pennsylvania is crucial. Many general practice lawyers dabble in probate law, but only experienced probate attorneys have the knowledge to navigate complex estate matters efficiently. You do NOT have to use the attorney who prepared the will. You have the right to choose a specialized probate lawyer who understands the nuances of Pennsylvania estate law and can expedite the process. Avoid costly mistakes. Working with an experienced probate attorney prevents errors that could increase costs, cause delays, or result in legal disputes.Contact Entrusted Legacy Law for a Complimentary Pennsylvania Probate ConsultationIf youre ready to begin the probate process in Pennsylvania, our Allegheny County, Butler County, Delaware County, Montgomery County, Bucks County and Philadelphia County probate attorneys are here to guide you.Call us at 412-347-1731 to schedule a complimentary 15-minute consultation to determine your next best steps.During your consultation, we will: Answer your probate-related questions Provide guidance on estate administration Help you navigate the Pennsylvania probate process efficientlyWe are here to relieve the legal and administrative burden during this difficult time and ensure that your loved ones estate is handled with care.
Comprehensive Special Needs Estate Planning & Special Needs Trusts in PennsylvaniaEstate planning for families with special needs children presents a unique set of financial, legal, and healthcare challenges that require the expertise of a special needs planning attorney. Not all estate planning lawyers understand the intricacies involved, but the experienced special needs estate planning attorneys at Entrusted Legacy Law are dedicated to ensuring your child with special needs is fully protected when you are no longer able to serve as their primary caregiver.We provide a full range of estate planning services tailored to families with special needs children in Pennsylvania. Our goal is to help you preserve assets for your childs future care while ensuring they remain eligible for essential government benefits like Medicaid and Supplemental Security Income (SSI). We assist in setting up special needs trusts (SNTs) to safeguard financial resources, appointing legal guardians and trustees, and identifying long-term care options to ensure your child receives the best possible support and housing solutions.Special Needs Trusts & Asset ProtectionOne of the most significant challenges in special needs financial planning is ensuring that your child has adequate resources without jeopardizing their eligibility for public assistance programs. Many families unknowingly risk disqualifying their child from essential benefits by leaving them a direct financial inheritance. Instead, the best strategy is to establish a special needs trust to provide financial security while preserving their access to Medicaid, SSI, and other government assistance programs.A properly structured special needs trust allows funds to be used for supplemental expensessuch as medical care, therapy, education, and personal carewithout affecting eligibility for disability benefits. However, the regulations governing these trusts are complex. Funds must be managed by a designated trustee and cannot be distributed directly to the beneficiary, as this could trigger disqualification from public benefits. Additionally, a child's needs evolve over time, making it critical to have a trust that can adapt to changing circumstances and legal requirements.By working with an experienced Pennsylvania special needs attorney, you can ensure that your childs special needs trust is legally sound, structured correctly, and customized to their specific requirements.Special Needs Planning for Families in PennsylvaniaAt Entrusted Legacy Law, we specialize in estate planning for children with disabilities, including Down syndrome, autism, cerebral palsy, and other developmental or intellectual disabilities. Our firm helps families create a comprehensive life care plan that provides financial security while safeguarding access to government benefits and essential support services.Whether you need help establishing a special needs trust, securing a legal guardian, or planning for long-term care and housing, our Pennsylvania special needs planning attorneys are here to guide you through every step of the process.Contact Entrusted Legacy Law today to start creating a sustainable, secure future for your child with special needs.