Generations Law Group

When health issues arise that require a high level of care, some folks are finding success with receiving Medicaid (known as MassHealth in Massachusetts) home care instead of moving to a nursing home. There are different qualifications to be eligible for home care versus nursing home care we broke down the differences.Home CareWhen a loved one needs nursing home level care but would like to remain living at home, the MassHealth Frail Elder Waiver (FEW) program is a great option. Although infrequent, there are instances where elders are receiving free 24-hour care at home. When not eligible to receive full 24-hours of care, the individual may need to supplement with private care for the remaining hours of the day.Asset and Income LimitsIn 2021, the monthly asset limit for an individual receiving FEW services is $2,000 for an individual, and $3,000 for a married couple, when both are receiving FEW services. (Note: This does NOT mean you have to spend down to nothing before applying for MassHealth. See Medicaid Applications in Massachusetts: When DIY is a Don't for more.)Additionally, there is an income limit. For 2021, the income limit is $2,382.00. This is your GROSS income limit, meaning the income you get each month prior to any tax or health insurance deductions.If an individual's income is over the monthly limit, it is still possible to receive FEW services. MassHealth will determine a deductible amount which will be due every six months. The deductibles can be very high at times, and quite burdensome, however if you are organized and prepared, they can be managed.Nursing Home CareSometimes staying at home is not appropriate or safe, and in these circumstances, a nursing home may be the next logical step. Having MassHealth pay for nursing home care is a great benefit, as private payment to a nursing home can cost around $450 per day.Asset and Income LimitsTo receive nursing home benefits, there is still a monthly $2,000 asset limit per individual.The income limit differs from the FEW services mentioned above. The individual in the nursing home is required to pay a co-pay to the nursing home. This co-pay is called the Patient Paid Amount (PPA). The PPA is calculated by taking the individuals monthly income, deducting any health insurance premiums, and deducting a $72.80 personal needs allowance. In situations where a married couple has one spouse in the nursing home (referred to as the institutional spouse) and the other healthy and at home (the community spouse), the community spouse may be able to keep some of the institutional spouse's income to help pay for the community spouse's expenses at home.The rules to qualify for MassHealth and other government programs available to seniors in need of care can be quite confusing and complicated. Working with an elder law attorney can help you decide if this option is right for you. To find out what other benefits may be available to seniors, download our eBook "Understanding Benefits for Seniors".Founded by nurse attorney and with offices in Acton, Burlington, and Sudbury, Massachusetts, Generations Law Group helps families navigate the complex areas of estate planning, elder law, and probate to inform and protect loved ones of every generation.

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.