216-346-7002 BG@BradleyGreene.com

Should I Be Worried? A Response to the Plain Dealer & Ohio's Low Nursing Home Ratings

A recent Cleveland Plain Dealer article, Ohio nursing homes among the nation’s lowest rated in quality of care: A Critical Choice included an in-depth review of investigation reports on local nursing homes. The author also cited federal statistics indicating that Ohio’s nursing homes are among the most poorly rated in the nation – capturing the deepest fears of anyone who has ever made the difficult decision to place a loved one in residential care.
First, we’d like to acknowledge that there are many hard-working, dedicated professionals who provide safe, loving care to Ohio’s seniors. By and large, it is our experience that most care concerns can be resolved through education, advocacy and cooperation. Problems can also be prevented with advance planning – not all facilities are the right fit for every person/family.
It was a long article – and if you managed to read the whole thing, you may be asking yourself what to do with all that information.  Below are some of the key takeaways and suggestions, based on our experience advocating for patients and families in some of the best and worst rated facilities throughout Cleveland and northeast Ohio.

  • Do your research. Most of the information published by the Plain Dealer is open to the public, and facilities are required by law to share it with you. Medicare even offers an online database to help you access and compare health facility ratings.
  • Get help. Talk through your questions and concerns with someone who knows the local facilities and residential care communities. This is one of the many supportive services our care coordinators offer, to help you compare care options with your loved one’s needs and priorities in mind. A facility that provided excellent care for your friend’s aunt with end stage cancer may not be the best option for a loved one with dementia.
  • Ask questions. After reviewing the investigation reports for a facility, it’s reasonable to ask how an issue was addressed/corrected. Are plans in place to prevent any future issues? Do you feel respected and heard when bringing up your concerns?
  • Stay involved. Even a perfect rating doesn’t guarantee that no problems will arise with your loved one’s care. Developing ongoing communication with staff members helps identify potential concerns ahead of time and open dialogue will make resolutions easier if any problems occur.
  • Speak up. If you have any immediate or ongoing concerns for your loved one’s safety, we encourage you bring it directly to the attention of the Administrator or Director of Nursing. In most situations, they take all such concerns very seriously and will do their best to resolve issues. If you’re not satisfied with the response or resolution you receive, please don’t hesitate to contact our office or your long term care Ombudsman for additional guidance and support.

 
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Life Care Estate Plan Road Map, Bradley L. Greene Attorney

"Love You Mom/Dad"

Life Care Estate Plan Road Map, Bradley L. Greene Attorney
“Love You Mom/Dad!”
This Valentine’s Day, show mom or dad how much you truly love them. Many people attend parenting classes, read and re-read books for guidance on how best to raise their children. Yet when it comes to helping our parents, many of us have no plan and just hope for the best.
Many people put off health care decisions and financial planning because they don’t want to make family members uncomfortable, or they are anxious about discussing money or life and death issues. Worse yet, there are millions of Americans who think they don’t need a Living Will or other advanced directives because they are too young, too healthy, or too poor. Children are often hesitant to bring these issues up with their aging parents – even when they are worried about how to best support them as they age.
If you are a person (or love someone) who falls into one of these categories, it may help to think of these decisions and conversations as another way to take care of the people who are most important to you. It may not be the most common love language, but a safe and secure future is the most priceless gift you can give anyone you care about, including yourself.
Everyone has their own unique ways of showing and receiving love. Think of the ways your loved ones have expressed their feelings for you in the past, and then try to keep this in mind as you connect with them now. If Dad keeps a box of every card you’ve ever written to him, then a caring letter might be a safe way to broach a difficult subject. If Mom won’t let you leave the house without a kiss and a hug, then physical contact is important to her. Sitting close by, or holding her hand might be a way to help her feel more comfortable as you discuss some of these issues.
Here are a few other suggestions for how to talk with your aging parents or other family members about planning for the future:

    • Start small. If you’ve never discussed any of this before, it helps to just bring up the subject in an indirect way. Take an opportunity to discuss extended family, friends or stories in the media to gauge what your loved one’s feelings, fears and opinions are.
    • Start slow. Don’t try to “get it over with” in one discussion. Plan to have an ongoing dialogue.
    • Start now. Broaching the subject when everyone is relatively independent and healthy creates a foundation on which you can build future conversations.
    • Listen. It’s very easy to think we know what is best for those we love, but that’s also the fastest way to end a conversation. Make an effort to be a support person and advocate – not an expert.
    • Be empathic. How would you feel if you were slowly or rapidly losing your independence? What if someone wanted to take away your car keys or thought you should downsize/move?
    • Take notes. Keep a list of each person’s questions, wishes, and concerns for the future. Even if you never complete the final step of creating legal documents, this can still be helpful in an emergency or other emotionally stressful times.
    • Get help. Sometimes an outside person can serve as a moderator or trusted resource for the discussion. A skilled professional, like our Care Coordinators, often help clients and family members work through challenges and find the answers within themselves.

The Life Care Planning Law Firm of Bradley L. Greene.  Let Our Family Help Your Family!
 

Elder Care Podcast with Karen Hale

We were happy to be asked by Karen Hale from Impossible Dream Podcast to talk about Elder Law and Life-Care Planning. Like many people, Karen had never heard of a Certified Elder Care Coordinator or a Life Care Plan. We enjoyed discussing our work with Karen in the studio and wanted to share the podcast with all of you. You can find out more about Karen’s inspiring work through the I’mPossible Dream site.

 
Life Care Estate Plan Road Map, Bradley L. Greene Attorney

Nursing Home Care Isn't the Only Option

Life Care Estate Plan Road Map, Bradley L. Greene Attorney
One of the reasons it’s important to determine health care goals and start financial planning while you are still healthy is to ensure that you have as many choices as possible when the time comes that you (or a loved one) eventually needs care.
Financial concerns, facility wait lists and lack of accurate or helpful information are some of the common reasons people find themselves choosing a long term care facility when other, more independent options, might have been possible.
For example, someone has a fall and injury, then has surgery and goes to a skilled nursing facility for recovery. When their Medicare covered rehabilitation period is over, they may not feel confident returning home alone. Without advance planning (or substantial savings) many people can’t afford assisted living or home care. And many senior living residences have wait lists, so this isn’t the kind of decision that can be made “in the moment.”
This lack of options often leads individuals who might be perfectly safe in a senior apartment to choose nursing home care, because they can’t afford assisted living and the nursing facility will help them apply for Medicaid.
Many people don’t realize that Medicaid also covers the cost of some Assisted Living facilities and home care services – not just Long Term Care. With advance planning (or even some thoughtful after-the-fact crisis planning) there are a number of options that may be less restrictive and less expensive than nursing home care.
The following five suggestions are things you can do now to ensure that you have as many care options as possible in the future:

  • Visit reputable facilities ahead of time and consider placing elderly loved ones on a wait list, even if you don’t think care will be needed any time soon. You can always decline and keep their name on the wait list, if your loved one isn’t ready when the time comes.
  • Ask potential facilities if/when they accept Medicaid payment. Some facilities require a certain period of private pay before you can transition to Medicaid payment (1,2 or 3 years) – but this might be more affordable than you realize – especially with some advance planning.
  • Review your assets, plan ahead for allowable expenses and manage health care spending to ensure a smooth Medicaid application when the time comes.
  • Establish a life-care plan with an experienced senior care professional – this includes considering what your wishes are for the future and guidelines for how care decisions should be made.
  • Any time it feels like you don’t have a choice about care options, ask more questions. Never allow someone to pressure you into making a decision before you feel ready. This is one area in which our Care Coordinators can be very helpful – because once we know what your care preferences and priorities are – our job is to help you navigate health care decision making with those goals in mind.

Bradley L. Greene, Esq. is a Life Care Planning and Elder Law firm located in Beachwood, OH specializing in Estate Planning, Medicaid Planning and Elder Abuse – offering personalized support and family guidance through all of life’s transitions.
 

Guide to Paying for Long Term Care

Estate-planning-attorney-beachwood-ohio
Long term care is expensive.

According to the Ohio Department of Medicaid, the average rate for a semi-private nursing home room in the state of Ohio is more than $6,300 per month. Our current estimates for Cleveland and surrounding communities is closer to $9,000 per month, and these costs are expected to increase by at least 25% in the next ten years.

Factors such as age, health status, income level, family dynamics and geographic location all impact the cost of senior care. In some situations, such as recovery from surgery or accident, short term nursing home care may be covered by Medicare or your private health insurance. But care that goes beyond short-term recovery does not fall under this benefit. So how do people pay for long term care?
Out of Pocket: Very few people are in a position to pay privately for extended nursing home care. Based on the monthly estimates mentioned above, it would cost approximately $100K for one year of care in a Cleveland-area facility. The average length of stay in a nursing home is just over two years, but progressive illnesses such as dementia often involve long term care of five years or more. Even if you think you might have enough savings and investments to cover the full cost of such care, we still suggest talking to a qualified professional who can help guide you through the process and ensure that your assets and financial future are secure.
Long Term Care Insurance: Over the last 20 years, Long Term Care Insurance has become a popular option for those who anticipate they may need care in the future. Typically, the policy will pay a daily rate for home care, assisted living or long term care based on a number of factors that differ with each plan. These policies are most cost effective when purchased at a young age, as premiums increase the older you get. And high premiums don’t always ensure that a plan will cover the entire cost of long term care.
For example, if you have Social Security income of $2000 per month and your policy pays $100 per day ($3000/month), this equals a total of $5000 per month to cover care expenses. If the cost of care is $9,000 per month, then your family could be left with the responsibility of paying the remaining $4000 in care expenses, unless you have other assets to cover the shortfall.
Medicaid Spend Down: While Medicaid accounts for the largest percentage of payments to long term care facilities, most patients do not immediately qualify for Medicaid coverage. In order to qualify for Medicaid, recipients must pay for care and other qualifying expenses out-of-pocket until their assets reach below each state’s eligibility amount.  Factors to be considered include marital status, real estate, life insurance policies, business relationships, investments, etc. But once Medicaid is in place, you do not have to cover any shortfall between your income and the total cost of care.
Trusts: Whether you want to plan for the future, protect a disabled child or protect assets from long-term care costs – there are a number of legal ways to ensure that your family’s needs are provided for now and in the future. By transferring assets into a trust, families can maintain flexible control of assets on behalf of an older adult or someone with a disability. There are also specific kinds of trusts that can be established to help pay for the cost of long term care. Medicaid Pooled Trusts and Charitable Remainder Trusts are two examples of this.