Massachusetts - Greater Boston

In Massachusetts, as mandated by the Federal government, if you die with a probate estate (assets in your own name), and have received MassHealth benefits at any time after age 55, or at any time during your life if you end up in a nursing home, MassHealth can recover the benefits paid from your estate. Two recent developments and a proposed law are important to know. In the last few years, the use of Senior Care Option and PACE programs, which provide complete health care to elders in need, began expanding. While these can be great programs, what wasnt known is that MassHealth, who pays premiums to private companies that provide these programs, will seek estate recovery for these premiums (as much as $3000 per month), after the death of the MassHealth recipient. This could mean a substantial lien against the home or other assets of a MassHealth recipient. Once this became clear, Elder Law attorneys went to Court and obtained a ruling that MassHealth can only collect these premiums if they give Notice to beneficiaries in advance. You may have received such a notice if you are receiving or have received MassHealth benefits. At the same time as this was going on, Elder Law attorneys and advocates put a bill together and filed it with the Massachusetts legislature to make changes to Estate Recovery laws to make it fairer and limit Estate Recovery to only those things the Federal government mandates. This bill is pending. As a result of both advocacy and the filing of the Estate Recovery bill, MassHealth made revisions to their own regulations this last fall. These revisions expand exemptions to avoid Estate Recovery (no estate under $25,000 is subject to Estate Recovery, Caretakers), and deferments to collection of Estate Recovery (spouses, deaf and disabled children). If you or a loved one need or are receiving MassHealth benefits, you may want to consult an Elder Law Attorney to see how these changes in Estate Recovery may affect you.   This article was submitted by Estate and Elderlaw Attorney Timothy R. Loff, Esq. of the Law Offices of Timothy R. Loff, Newton, 617-332-7021 or information@lofflaw.com. 

It's a fact that older adults want to age in place in their own homes. Unfortunately, the independence of some seniors is threatened unless someone can help them with their activities of daily living.  Many older adults are finding a solution to this problem by hiring a trained, experienced caregiver through an insured and bonded agency to live with them. Is this the right option for your loved one? It's important to ask the live-in care agency if the same caregiver will be in the home for an extended period, is there a written plan of care, are there field supervisory visits, home safety evaluations, and if the caregiver is an employee. Why is Continuity of Care Important? Over time, older adults establish trust in the one person caring for them continually. Likewise, live-in caregivers become familiar with their clients' daily rhythm; and, therefore, can provide a consistent routine and identify and report warning signs, such as changes in behavior, that would otherwise go undetected. Live-in Care Agency Considerations Care coordination and a plan of care are vital for successfully caring for your loved one. Daily communication with the live-in caregiver and regular field visits by experienced supervisors are a must. Live-in caregivers that are employees, are covered by liability, workers' compensation insurance and have payroll and taxes that the agency processes. Live-In care is beneficial for people with Alzheimer's disease and many other conditions. According to John Hopkins Medicine, of the 5.2 million people in the United States who have Alzheimer's disease and different types of dementia, 70 percent remain at home, an option shown to keep people healthier and happier and help them live longer. Live-in caregivers help with toileting, preparing meals, light household tasks, among other daily living activities. Older adults with chronic health conditions or disabilities will get personal care from someone they trust to bathe, dress, and groom them.  Live-In Care Benefits The Entire Family Live-in care offers family members the option to visit their loved ones without restrictions. Also, family members can focus on their careers and families and truly enjoy time with their loved ones while not being a full-time caregiver.  Even before the COVID-19 pandemic, older adults, when medically possible, have always preferred to stay home surrounded by things familiar to them. Home is where they raised their family, it's where their memories are, and it's where they feel safe and the most comfortable.  This article was written by FCP Live-In who offers line-in care throughout Massachusetts, Connecticut, and other states.    

Inpatient RehabilitationFacility vs. Short-term Rehabilitation Facility You have just gone through an illness (stroke, brain injury, amputation, prolonged hospital stay, etc.) now what?  You are not ready to go home, where should you go?  The hospital service isrecommending rehabilitation, but which type and where?  There are two different types of facilities that you reside/stay while you get your rehab: inpatient rehabilitation facility (IRF) and short-term rehabilitation facility.  What is the difference? Inpatient Rehabilitation Facility Short Term rehabilitation -       Hospital level of rehabilitation -       24/7 in-house physician care -       24/7 nursing care -       Intensive therapies: regulated by CMS o   Individualized therapy session o   At least 3 hours/dayx6-7 days a week -       Shorter stay: average stay is 14 days -       Nursing car level of rehabilitation -       Physicians available but not always in-house -       24/7 nursing care -       Less intensive therapies: o   30min-a few hours, a few times a week (this varies among facilities)-       Longer stay: average stay is 20-30 days  Your medical team has determined you qualify for IRF level of rehabilitation.  Where should you go?  VA Boston Healthcare System (BHS) has an accredited IRF just for Veterans, regardless of service connection located at the West Roxbury Campus. Our physicians trained at some of the best rehabilitation medicine facilities in the country.  They are board certified in rehabilitation medicine and brain injury medicine.  Our therapy staff also trained at some of the best facilities in Boston and have advance certifications.  Our nursing staff are caring, loving, and Veteran centered too.  What separates BHS IRF from community IRF?-       We are Veteran centered-       We can provide equipment that other community facilities may not be able to -       A sense of comradery with other Veterans can help with improvement in mood and function -       We understand PTSD and other mood changes and can offer on-site services -       We provided outpatient follow-up after discharge from IRF to assess, manage and treat issues that may interfere with your function and/or quality of lifeHow do I contact BHS IRF?-       Please have your case manager in the hospital call Boston Healthcare System Flow center and request referral to BHS inpatient rehabilitation program: 857-203-3835-      The rehabilitation physician will review your medical record and provide a decision to your medical team            This article was submitted by Dr. XinLi, Medical Director of Inpatient Rehabilitation Facility at West Roxbury VA, Boston Healthcare System. Information Contact:  David Hencke, US Dept of Veterans Affairs, Directors Office, VA Boston Healthcare System  Veterans Outreach Coordinator  O: 857-364-5934; C: 617-275-6101  David.hencke@va.gov 

The Federal Trade Commission reports that each year aging Americans (ages 60+) lose hundreds of millions of dollars due to scams of varying types. Many everyday activities the aging population are involved in, such as telephone calls, emails, and other online interactions are being used as an entry point for scamming activity. Proactive steps to avoid victimization         Estate planning with an elder law attorney can help put trusted loved ones in a position of authority to help protect the aging person from undue influences. Documents like Power of Attorney, Health Care Proxy, and Revocable or Irrevocable Trusts can all be valuable tools to create structure for when the aging adult is not able to make sound decisions for themselves.        A credit freeze (also known as a security freeze) does not allow a creditor to access your credit file, thus preventing someone from opening accounts in the victims name and may be an appropriate proactive step.         Review Statements from health insurance, banks, credit cards, IRA accounts, etc. should all be monitored closely for suspicious activity. Medicare Summary Notices and Explanation of Benefits should be reviewed for incorrect charges and information.        Research whether the companies, offers, or phone call regarding bills owed are legitimate. Scammers usually try to force the aging person to act now. Slow down your reaction to be sure that the call, email, or letter are in fact real.If you are a victim        Contact the bank/financial institution to let them know of a fraudulent or unauthorized charge. Ask them to give you your money back and reverse the charge.        Contact your local police department to notify them of the fraud.        Change the username and password for any affected online account and other account that you may use the same login information. Use a random password to make the account(s) less vulnerable. Use different passwords for different accounts and keep a record of your passwords in a safe place.         File a report, not only for your benefit but to possibly help prevent others from becoming a victim. A report can be made to the Federal Trade Commission (FTC) at ReportFraud.ftc.gov.