216-346-7002 BG@BradleyGreene.com

Protecting Seniors from an Increase in Financial Scams

by | May 25, 2016 | Aging, Cleveland, Elder Law

According to a recent Cleveland.com article the incidence of IRS scams across the country is higher than ever before. In fact, a a member of the BLG team recently received an early morning phone call from someone threatening legal action unless she arranged immediate payment of an overdue tax bill. The time of day and anonymous caller ID made her suspicious, so she promptly hung up and did some online research to confirm it was a common scam. But the incident left her feeling unsettled and vulnerable. In a situation like this, it’s easy to imagine how vulnerable, law-abiding senior citizens could be frightened enough to hand over their personal information.
According to a MetLife survey, crimes against the elderly skyrocketed in the last year, and seniors lost $3 billion to criminals through home repair scams, investment scams, and other cons targeting older people. Senior-citizens are particularly at risk for financial scams, and the methods criminals use to target victims are becoming more and more sophisticated. The Consumer Financial Protection Bureau has even established guidelines encouraging banks to institute employee training programs and install software geared toward identifying risk and protecting seniors. This article outlines what Cleveland area banks are doing to comply.
Information is power. So the team at Bradley Greene, Elder Law is committed to sharing current news and resources with our clients and family members to help you avoid some of the most common ways that seniors are targeted. Please don’t hesitate to contact our offices directly if you suspect your loved one has become victim to any of the following crimes or any form of financial abuse:
IRS scams
From email scams leading employers to accidentally release w-2 information to fraudsters and phone call scams that threaten legal action if your “IRS debts” are not immediately paid – please keep in mind that the Internal Revenue Service will never conduct initial contact by phone or email and would never unexpectedly threaten imprisonment. If you receive a surprise phone call (or email message) claiming to be from the IRS, hang up (do not reply) and call your local IRS office if you are still concerned about the issue.
Grandparent scams
The victim receives an upsetting phone call from someone claiming to be a grandchild stranded overseas, asking for money to safely get home. Often the caller sounds young, upset and uses endearing statements such as, “Hi Grandma, please don’t tell my parents.” Well-meaning grandparents have lost thousands of dollars to scammers through hasty wire transfers, so please be aware and be cautious about such call. When in doubt, check it out. Ask the caller a question that only your family member would know the answer to.
Identity Theft
This occurs when a criminal uses someone’s personal information such as account numbers, credit cards or social security number to apply for credit or purchase goods fraudulently. Whether you’re trusting a caregiver who provides services in your home or a friendly neighbor, it’s important to never give out this type of personal information unless necessary.
To Learn More
The Ohio Attorney General’s Office provides a list of other common scams affecting seniors and additional information for how to protect yourself through their website here. You can also request a copy of their scam resource packet or report a potential scam by contacting the Ohio Attorney General’s Office at 800-282- 0515.

Medicare Demystified: Understanding Observation Status

by | May 12, 2016 | Aging, Cleveland, Elder Law, Medicare

Over the last several years, many unsuspecting seniors and disabled persons have been opening the mail to receive large bills for health care procedures and medications they assumed were covered during a recent hospital stay. Even worse, some patients have transferred to rehab after a hospital stay only to find out their skilled nursing care wasn’t going to be covered and they would be billed at a cost of over $400 per day for care they needed to recover from an illness or injury.
These situations are both a result of a technical, financial loophole in Medicare billing called “Observation Status” – and thankfully, as of August 2016 hospitals will be required to notify patients in writing if their stay is not going to be covered, so there should be less surprises in the mailbox.
But that doesn’t make the billing issue any easier to understand, and it doesn’t ensure that people who need hospital care will be able to afford it. Here are a few of the key points you need to know about Observation Billing, Medicare Part A/B coverage and Skilled Nursing Rehabilitation.
Outpatient Services – Covered under Medicare Part B (Outpatient Insurance) includes medical services that are typically performed in the community such as doctor visits, lab work, x-rays and some home health care.
Observation Status – If the hospital determines that they are “watching you” overnight or collecting information to determine an accurate care plan and diagnosis, then you are probably being admitted under “Observation Status.” This means that any medications and services provided for pre-existing conditions will likely be billed under Medicare Part B, probably at a much higher rate than anything you would pay if you were getting those same meds from a local pharmacy.
Inpatient Hospital Services – Covered under Medicare Part A (Hospital Insurance) and includes all hospital services, including semi-private rooms, meals, general nursing, drugs as part of your inpatient treatment, and other hospital services and supplies. This includes the care you get in acute care hospitals, critical access hospitals, inpatient rehabilitation facilities, long-term acute care hospitals.
Qualifying Stay – This is the Medicare requirement that says in order for someone to have Skilled Nursing Facility (SNF) rehabilitation covered under Medicare Part A, he/she must be admitted to an INPATIENT hospital bed at midnight for three nights in a row. The tricky part is that if the hospital is billing your stay as OBSERVATION status, then you don’t qualify for the SNF benefit coverage.
How to reduce the costs of care:

  • If you are being admitted under observation status, ask the hospital staff if you can bring in medications from home. Cleveland Clinic and University Hospitals both have policies in place regarding this process. This can drastically reduce the expense of Outpatient/Observation Care because medication is often the highest part of bills that patients receive.
  • You also have a right to question your bill. Errors are not uncommon, and rates are often negotiable for patients who are willing to pay their bill in full. Don’t hesitate to contact our Care Coordinators if you need help navigating this process.
  • Finally, if you need rehab, but a SNF stay isn’t going to be covered, consider going to assisted living or supportive senior apartments where there is staff to help you. The cost of these will be lower than paying privately for a bed at rehab facility. Your doctor can then order Home Care services for nursing care, home health aides and physical and occupational therapy which can be billed under Medicare Part B at a much lower out-of-pocket cost that nursing home care.

There is still much work that needs to be done in order to avoid burdening seniors with the expense of care under the current Medicare guidelines and legislation has been put forth by Senator Sherrod Brown that would allow Observation Status to be considered a qualifying hospital stay for skilled rehab benefits. He presented this bill with the support of many Cleveland-area hospitals and nursing homes including Cleveland Metrohealth and Menorah Park, but the Improving Access to Medicare Coverage Act has not received the congressional support it needs to become law.
 

Tips for Communicating with Nursing Home and Assisted Living Staff

by | May 4, 2016 | Aging, Cleveland, Elder Law, Medicaid Planning

Tip 2Trusting other people with the care of a loved one can be an emotionally difficult journey, and it’s important to feel comfortable addressing any concerns that come up along the way. The following strategies can help you keep the lines of communication open and determine if/when an issue is serious enough for genuine concern.
EXPECT A PERIOD OF ADJUSTMENT
Minor challenges and misunderstandings are an inevitable part of any residential care setting. Especially during the first few months, as the staff gets to know your loved one and you become familiar with the culture of the community. Whenever possible, we encourage families to visit facilities and consider all of your options long before you need care. Many places have a wait list of a year or more, and you can use this time to touch base regularly with the admissions staff, developing a connection that will make things easier when it’s time to move.
GET SOCIAL
Become an involved part of the community and get to know the staff who are providing care and services. Try to visit at different times of day and check in at the front desk or nursing station each time you visit. Make a point to learn the names and roles of as many care providers as possible, expressing appreciation and personal interest in them. These connections will create a network of people who you can depend on for information, support and assistance as you navigate your loved one’s care needs.
SHOW UP FOR MEETINGS
Plan of Care meetings are typically scheduled at least once every three months to review each resident’s physical, social, emotional, spiritual and dietary needs. A representative from each department will be present to provide updates on care and adjust their plans as needed, with your input. Some families find it helpful to keep notes between meetings about any minor issues or concerns and then talk about everything at this time. Even if it seems that nothing has changed since the last meeting, this is still an important time to connect with staff and strengthen your partnership.
GO TO THE SOURCE
Whenever possible, unless there is an issue of safety, try to ask questions and address minor concerns with the person who is directly involved in that aspect of care. For example, instead of going to the nursing supervisor when you’re unhappy with how your loved one is dressed or the upkeep of her clothing – ask the nursing assistant or laundry aide what they recommend to help keep clothing more organized and see if they can suggest anything to resolve the issue.
KNOW WHEN TO ESCALATE A CONCERN
Naturally, we all wish that everyone would provide our loved ones with the same level of care attention we would give them at home. While this may not always be possible, most issues can be easily resolved with a direct conversation and a collaborative spirit. It is reasonable to expect that your loved is treated with dignity and respect, while being kept safe at all times.
Any time a resident’s safety is at risk – the appropriate response is to bring the issue to the attention of the Administrator and/or Director of Nursing immediately. These concerns must always be taken seriously, and if you do not feel confident about how an issue is resolved, there are methods in place to help advocate for your loved one. Phone numbers for the Long Term Care Ombudsman and the Department of Health should be readily accessible in all facilities.  You can also contact our experienced Care Coordinators to help you assess the situation, ensure your loved one’s safety and determine if/when additional action is appropriate.
WRITE IT DOWN
Whenever possible, keep a record of any significant events, questions or concerns regarding your family member. This could be as simple as putting a quick note on your calendar, but we suggest keeping a notebook or folder dedicated specifically to your loved one’s care. One way this can be helpful is to offer perspective on situations – while it may seem like your parent is losing a lot of weight, maybe the notes will indicate it hasn’t been as much as you thought. Or if any concerns do need addressed with facility staff, your records can
provide valuable information to substantiate your concerns.
KEEPING PERSPECTIVE
Thankfully, most people who care for the elderly are genuinely kind and have good intentions for the services they provide. And most problems can be resolved with a little patience, flexibility and honest dialogue. Developing a trusting relationship with caregivers can take time, but is always worth the effort. We hope the strategies above are helpful as you navigate all the decisions and conversations that are ahead for your family.
At the Life Care Planning and Elder Law office of Bradley L. Greene, Esq., our clients’ quality of life is our first priority, and we strive to ensure safety and peace of mind for both you and your loved ones. Please don’t hesitate to reach out if you need assistance in any way. We have experienced many of these caregiving obstacles firsthand, which underscores our commitment to helping support other families through every stage of the process.
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.

Power of Attorney: The Legal Basics and Why Everyone Needs One

by | Apr 27, 2016 | Aging, Cleveland, Elder Law, Life Care Planning, Medicaid Planning

What’s the difference between a POA, DPOA, and HCPOA?
And what about a Living Will – do I need one of those too?

Many people assume that determining how your assets will be managed after death is the most important legal decision you need to make. But at BLG, we believe that identifying who you trust to handle financial and health care decision-making on your behalf in the event of illness or injury is equally if not more important.
Technically, the state you live in already has a plan in place for the distribution of assets in the event of your death. But if you become sick or incapacitated, even temporarily, your family may not be able to access the information they need to make health care decisions, pay your bills or apply for public benefits.
Having a Durable Power of Attorney (DPOA) and Health Care Power of Attorney (HCPOA) ensures that your values and best interest are supported by the person (or agent) you have designated to handle specific legal, health and financial responsibilities.
The following guidelines offer a brief overview of each document, along with the answers to frequently asked questions:
Power of Attorney or POA – A legal document, signed by a competent adult, giving authority and permission for a trusted family member or other agent to manage specific decision making on their behalf. Health care and legal/financial are the two primary types of POAs. You can also designate secondary agents, who can assume responsibility if the primary agent is unable to fulfill his/her duties.
Durable Power of Attorney or DPOA – The word Durable means that the authority granted to a POA agent will continue in the event of incapacity or incompetence. This is especially important for children who want to help with an aging parent’s finances and is required for the Medicaid application process. Many POAs are drafted with limited powers, which can make the planning process difficult or impossible. A Financial POA should give your agent broad authority to do all the things that you can do.
Health Care Power of Attorney or HCPOA – This document outlines who can have access to health care information about you and who you trust to make decisions if you are unable to for any reason.  Your HCPOA should also include a HIPPA release clause. This authorizes providers to release protected health information such as test results, medical records, etc.  Facilities often ask to keep a copy of the HCPOA on file, and they may also ask for a Living Will.
Living Will – This is a signed legal document outlining what your wishes are regarding medical care if you are no longer able to give informed consent.  Our HCPOA document includes this language in it, outlining what each client’s wishes are regarding life sustaining measures and end of life care. This can ensure that your family and care providers have a clear sense of what your values and priorities are.
Once you have these important legal documents in place, we encourage you to talk with each person who might be involved in future decision making and, if you trust them implicitly, provide them with a copy of the documents. It’s especially important for family members to be aware of any Advanced Directives and know where to locate them, so that if an emergency occurs they feel confident making decisions.
Our professionally licensed counselors are available to help guide you through these discussions. And for additional peace of mind, ask about creating a Life Care Plan to receive ongoing support and guidance throughout all of life’s transitions. This includes helping you decide which benefits and providers are best for your needs and planning ahead whenever possible. For more information, please email BG@bradleygreene.com or call 216-575-5200.
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.

4 Essential Questions to Ask Your Aging Parent

by | Apr 15, 2016 | Aging, Cleveland, Elder Law, Life Care Planning, Medicaid Planning

Many people put off asking about their parents’ financial and legal affairs until faced with crisis – such as an unexpected illness or the death of a loved one. Too often, children find themselves sitting in a hospital room with a busy social worker, forced to make important, life-changing decisions without having all the information they need. Do they have Long-Term Care Insurance? A Living Will? Who is Power of Attorney? Where can they afford to go for rehabilitation if home is not an option? Where do they keep their checkbook and is anyone else listed on the account?
Whether you are an aging parent or the child of one, the 4 questions below will help you prepare ahead of time for inevitable life-changes and the decisions that come with them.  Having the conversation early, before you need it, will alleviate stress and empower your family with information. Then, if something happens, they can focus on more important things, like spending time with you and supporting each other.

  1. Do you have advanced directives? This includes Power of Attorney forms, a Health Care Proxy, Living Will, a Life Care Plan, etc. These documents are the first thing medical professionals will ask for when sharing health care information or if any medical decisions need to be made. Whether it’s as simple as sharing test results or as complex as making a decision about heroic measures, having these documents allows family members and care providers to act with confidence, knowing they are following Mom or Dad’s wishes.
  1. Do you have a financial advisor or attorney? Knowing who manages accounts and where documents are filed can make things much simpler if/when your family needs to access information. Even just having the contact information on file can save time and energy during stressful moments. This is also important so  you can feel confident that the person who is offering legal and financial advice is a reputable provider.
  1. Where do you keep important papers? Now, I know that we don’t all keep everything neatly filed in fire-safe boxes, alphabetized and cross-referenced by date. Most people have a specific file-folder, drawer or filing cabinet where this information is kept. And if not, then asking this question will help you realize how scattered the details are and something can be done to change that. This should include all of the following documents: birth certificate, marriage license, divorce paperwork, copy of driver’s license, social security card and military records, insurance paperwork. You can also download a copy of our BLG Essential Documents Checklist, to help you get started.
  1. If there ever comes a time when you can’t live safely at home, have you thought about where you would choose to live? One of the hardest decisions for families to make occurs when a loved one needs rehabilitation or long-term care. Some parents are willing to explore options ahead of time and can let you know what their wishes are. You can even reserve space prior to need, or get on a waiting list (sometimes up to five years) at a desirable senior apartment complex or assisted living facility. Parents: Sometimes just telling your adult children, “I don’t expect you to take care of me at home” can provide tremendous relief from guilt, if they ever need to choose an assisted living or nursing home on your behalf. And if you can’t say that your loved (or you) would be willing to move out of your own home, then it’s even more important to have your financial affairs in order. There are a variety of supportive services available to help seniors stay at home and independent for as long as possible, and there may even be benefits available to help pay for them.  By planning ahead and sharing financial/legal information with family and caregivers, you can minimize future stress and ensure that you will have the most options for care if/when the time comes.

CLICK HERE to DOWNLOAD a copy of the BLG Essential Documents Checklist to get started today.
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