Monday, July 18, 2011
Do You have a Power of Attorney?
Senior Resources and Benefits has Community Partners that share our goal to provide creditable educational information the communities and families they serve. Tuesday, July 19, 2011, Southwest Mansions located at 9900 S. Western Oklahoma City, OK has allowed SRB to educate their families with one of our many programs "Everything You need to know about POA's and Advance Health Care Directives" by Craig Riffel Attorney and CPA. We are excited to offer this program and FREE POA's and Living Wills to those in attendance. For more information please call 1-800-407-9302.
Sunday, July 3, 2011
SRB-Tulsa
Like many businesses Senior Resources and Benefits, LLC, dreamed of expansion to educate more families and communities. We knew that this expansion could only happen with the right individuals, who share the same vision and passion about providing educational information and without a doubt Steve Money was that person.
Steve has practice of law for over 20 years has ranged from complex financial and banking issues to Indian law and gaming issues. Steve’s current practice concentrates primarily on medical-legal education for physicians, medical students and laypersons and transactions related to health and elder issues.
Steve also has a Doctor of Medicine degree (MD). Steve did his clinical training in the United States, England and Mexico. He believes the most important member of your health care team is . . . YOU!
In addition to law and medicine, Steve is Chairman of the Board of Directors of AllCare Health Systems.
For the several years, Steve has been co-host of the hit radio show "Money Talk with Dan Witham", which can be heard on KFAQ every week on Saturday and Sunday mornings. Steve and Dan have interviewed several well known Oklahomans and highlight information that effect everyday consumers.
Senior Resources and Benefits is very fortunate to have Steve Money as a part of our family. For your FREE Consultation with Steve call 1-800-407-9302. Our Tulsa office is located at 4608 S. Garnett Suite 505 Tulsa, OK 74146.
Make sure to become a follower of our blog, pictures of our beautiful Tulsa office to be coming soon!!!!
Saturday, July 2, 2011
THE MOST MISUNDERSTOOD RULE IN MEDICAID
THE MOST MISUNDERSTOOD RULE IN MEDICAID
By: Craig Riffel, Attorney and CPA
Clients and their advisors are continually being misled or misinformed about Medicaid’s 3-year rule. Because very few attorneys regularly practice in this area of law, most do not understand the 3-year rule which results in them perpetuating the confusion. As a result, the 3-year rule is the most misunderstood rule in Medicaid planning.
Many clients and their advisors mistakenly believe the clients must have done their planning 3 years in advance. This statement is absolutely false. I hear this rule misquoted all of the time because most attorneys, accountants and other advisors do not understand Medicaid’s 3-year rule. They will commonly make the mistake of telling an individual that the individual must have done Medicaid planning either 3 years before the individual enters the nursing home or 3 years before filing a Medicaid application. THIS IS NOT THE RULE AND IS NOT TRUE. Most people have heard about the 3 year look-back rule which provides that all transactions occurring 3 years prior to the date the Medicaid application is filed will be reviewed. This rule does not mean individuals must do their planning 3 years before entering the nursing home or 3 years before applying for Medicaid. In fact, most Medicaid planning is done when the individual is entering the nursing home within a few days or a few weeks of the planning, or already in the nursing home. It is usually done within this 3 year period and very rarely depends upon assets being transferred 3 years prior to the individual entering the nursing home. Individuals are still eligible for benefits and generally qualify for benefits even if they:
(1) Have gifted property 3 years before entering the nursing home or 3 years before applying for Medicaid;
(2) Still own property and have failed to give it away 3 years before entering the nursing home, or 3 years before applying for Medicaid; or
(3) Have failed to do any Medicaid planning at least 3 years prior to entering the nursing home, or 3 years prior to applying for Medicaid.
Through proper planning, individuals can protect a substantial amount of assets even on the eve of entering the nursing home or applying for benefits.
Several of the most commonly asked questions regarding nursing home or in-home health care planning can be found on my Firm’s website atwww.westoklaw.com. For a Medicaid consultant near you go to my Firm’s website at www.westoklaw.com and click on “Medicaid Consultants Near You.” Any additional questions or inquiries can be directed to Craig Riffel at Mitchel, Gaston, Riffel, & Riffel, P.L.L.C. at 3517 W Owen K. Garriot Road, Enid, Oklahoma, 73703; (580) 234-8447, or at his email address of craig@westoklaw.com. Mitchel, Gaston, Riffel & Riffel, P.L.L.C. has offices in Enid, Fairview and Woodward, Oklahoma.
By: Craig Riffel, Attorney and CPA
Clients and their advisors are continually being misled or misinformed about Medicaid’s 3-year rule. Because very few attorneys regularly practice in this area of law, most do not understand the 3-year rule which results in them perpetuating the confusion. As a result, the 3-year rule is the most misunderstood rule in Medicaid planning.
Many clients and their advisors mistakenly believe the clients must have done their planning 3 years in advance. This statement is absolutely false. I hear this rule misquoted all of the time because most attorneys, accountants and other advisors do not understand Medicaid’s 3-year rule. They will commonly make the mistake of telling an individual that the individual must have done Medicaid planning either 3 years before the individual enters the nursing home or 3 years before filing a Medicaid application. THIS IS NOT THE RULE AND IS NOT TRUE. Most people have heard about the 3 year look-back rule which provides that all transactions occurring 3 years prior to the date the Medicaid application is filed will be reviewed. This rule does not mean individuals must do their planning 3 years before entering the nursing home or 3 years before applying for Medicaid. In fact, most Medicaid planning is done when the individual is entering the nursing home within a few days or a few weeks of the planning, or already in the nursing home. It is usually done within this 3 year period and very rarely depends upon assets being transferred 3 years prior to the individual entering the nursing home. Individuals are still eligible for benefits and generally qualify for benefits even if they:
(1) Have gifted property 3 years before entering the nursing home or 3 years before applying for Medicaid;
(2) Still own property and have failed to give it away 3 years before entering the nursing home, or 3 years before applying for Medicaid; or
(3) Have failed to do any Medicaid planning at least 3 years prior to entering the nursing home, or 3 years prior to applying for Medicaid.
Through proper planning, individuals can protect a substantial amount of assets even on the eve of entering the nursing home or applying for benefits.
Several of the most commonly asked questions regarding nursing home or in-home health care planning can be found on my Firm’s website atwww.westoklaw.com. For a Medicaid consultant near you go to my Firm’s website at www.westoklaw.com and click on “Medicaid Consultants Near You.” Any additional questions or inquiries can be directed to Craig Riffel at Mitchel, Gaston, Riffel, & Riffel, P.L.L.C. at 3517 W Owen K. Garriot Road, Enid, Oklahoma, 73703; (580) 234-8447, or at his email address of craig@westoklaw.com. Mitchel, Gaston, Riffel & Riffel, P.L.L.C. has offices in Enid, Fairview and Woodward, Oklahoma.
MEDICAID RECIPIENTS AND THEIR FAMILIES KEEP CONTROL
MEDICAID RECIPIENTS AND THEIR FAMILIES KEEP CONTROL
By: Craig Riffel, Attorney and CPA
This is a true story. A lady was physically assaulted by her boyfriend. The boyfriend was arrested but the boyfriend (not the lady) obtained a restraining order against the lady. During this process, the lady was told by a police officer if she returned to the home she (not the boyfriend) was renting, she would be arrested because boyfriend also lived there. So, she stayed away from her home. At the hearing, the judge explained to her she did not have to abandon her home at any time, and the information she received was completely inaccurate. The judge told her, “Don’t get your legal advice from a police officer.”
The same applies to Medicaid. I started writing articles about Medicaid and related issues because I realized most people are either completely unaware of Medicaid and how it works, or are planning and making decisions based upon false information. Frequently, people will question me about Medicaid. At some point in our discussion, they will make statements which they believe to be true but which are completely inaccurate. When asked where they received their information, they often tell me they heard from a friend; overheard it at the local co-op, beauty/barber shop, restaurant, etc.; or received it from their family attorney, accountant or investment advisor.
My advice to them is the same as the judge told the lady. Don’t get your Medicaid advice from a friend or anyone not specifically trained in Medicaid planning. I teach Medicaid seminars to attorneys, accountants and investment advisors for several national companies and the Oklahoma Bar Association. I can tell from my teaching experience most attorneys, accountants and investment advisors know little more about Medicaid than you do. Also, beware of the local DHS caseworker. Although they are involved in evaluating Medicaid applications, they never participate in Medicaid planning. Therefore, they often give incorrect advice about how to protect assets.
Just recently, I have encountered several individuals operating under these Medicaid myths. First, I had both a prospective client and several investment advisors tell me when a person qualifies for Medicaid, they loose control over their care and the state controls their care. This is false. The only difference between a person paying for their own care and Medicaid paying for their care is who is paying the bill.
When a person qualifies for Medicaid, the family still controls the care of the Medicaid patient. The family, not the state, selects the nursing home for the individual, decides which medications the individual receives and handles all medical treatments. This makes common sense. If the state made these decisions, the potential liability would be enormous. Anytime the family disagreed with a chosen treatment, the state would have liability exposure. Therefore, all of these decisions for Medicaid patients are made by their family in the same manner and way families of private-pay patients make these decisions.
Second, some prospective clients and investment advisors incorrectly assume when a person is on Medicaid, the nursing home in which the individual resides may not accept them. This is also false. In order for a nursing home to receive Medicaid money, it is prevented from discriminating against a Medicaid patient in any way. If a nursing home is Medicaid approved and has an available bed, it must take the individual. Most nursing homes, especially in rural areas, are Medicaid approved. Most nursing homes would not survive without Medicaid. Only those nursing homes which are only private-pay (usually only located in the metropolitan areas) can refuse to accept a Medicaid patient.
Third, some individuals incorrectly assumed the level of care a Medicaid patient receives is inferior to that of a private-pay patient. Again, this is false. Because of the nature of my practice, I frequently visit nursing homes. Most people in nursing homes are on Medicaid; and yet, all patients receive the same level of care. In order for a nursing home to receive Medicaid money, it is prevented from discriminating against a Medicaid patient in any way.
Fourth, some prospective clients incorrectly believe they cannot retain their current health insurance if receiving Medicaid. This is also false. Not only will clients be allowed to retain or obtain health insurance of their choice, they will be encouraged to do so. As an incentive, Medicaid allows clients to deduct their health insurance premiums from any payment they may be responsible to pay the nursing home. This practice puts another source of payment of medical costs before Medicaid.
Fifth, other individuals incorrectly think once a person qualifies for Medicaid, the patient’s spouse either looses all of their assets or is subject to constant control and monitoring by Medicaid. This too is false. Before a person qualifies for Medicaid, the assets of both the patient and spouse are counted in determining eligibility. However, once a person qualifies for Medicaid, a separation in assets occurs which prevents Medicaid from controlling or monitoring the spouse’s assets. After qualification, the spouse is free to do whatever the spouse wishes with his or her assets. Beware where you get your legal advice.
For more information about Medicaid, Medicare, Veteran’s benefits, Social Security disability, estate planning or asset protection planning, or how to become a community partner, visit Senior Resources and Benefits, LLC (“SRB”) at www.srbllc.com. All legal services for SRB provided by the law firm of Mitchel, Gaston, Riffel & Riffel, P.L.L.C. with website at www.westoklaw.com. Any additional questions or inquiries can be directed to Jeremy Nichols at Senior Resources & Benefits, LLC at 3517 W. Owen K. Garriott, Suite Three, Enid, Oklahoma 73703, (580) 794-0042, or at his email address of jnichols@westoklaw.com. Senior Resources & Benefits, LLC has offices in Alva, Enid, Fairview, Oklahoma City, Ponca City, Tulsa or Woodward, Oklahoma.
By: Craig Riffel, Attorney and CPA
This is a true story. A lady was physically assaulted by her boyfriend. The boyfriend was arrested but the boyfriend (not the lady) obtained a restraining order against the lady. During this process, the lady was told by a police officer if she returned to the home she (not the boyfriend) was renting, she would be arrested because boyfriend also lived there. So, she stayed away from her home. At the hearing, the judge explained to her she did not have to abandon her home at any time, and the information she received was completely inaccurate. The judge told her, “Don’t get your legal advice from a police officer.”
The same applies to Medicaid. I started writing articles about Medicaid and related issues because I realized most people are either completely unaware of Medicaid and how it works, or are planning and making decisions based upon false information. Frequently, people will question me about Medicaid. At some point in our discussion, they will make statements which they believe to be true but which are completely inaccurate. When asked where they received their information, they often tell me they heard from a friend; overheard it at the local co-op, beauty/barber shop, restaurant, etc.; or received it from their family attorney, accountant or investment advisor.
My advice to them is the same as the judge told the lady. Don’t get your Medicaid advice from a friend or anyone not specifically trained in Medicaid planning. I teach Medicaid seminars to attorneys, accountants and investment advisors for several national companies and the Oklahoma Bar Association. I can tell from my teaching experience most attorneys, accountants and investment advisors know little more about Medicaid than you do. Also, beware of the local DHS caseworker. Although they are involved in evaluating Medicaid applications, they never participate in Medicaid planning. Therefore, they often give incorrect advice about how to protect assets.
Just recently, I have encountered several individuals operating under these Medicaid myths. First, I had both a prospective client and several investment advisors tell me when a person qualifies for Medicaid, they loose control over their care and the state controls their care. This is false. The only difference between a person paying for their own care and Medicaid paying for their care is who is paying the bill.
When a person qualifies for Medicaid, the family still controls the care of the Medicaid patient. The family, not the state, selects the nursing home for the individual, decides which medications the individual receives and handles all medical treatments. This makes common sense. If the state made these decisions, the potential liability would be enormous. Anytime the family disagreed with a chosen treatment, the state would have liability exposure. Therefore, all of these decisions for Medicaid patients are made by their family in the same manner and way families of private-pay patients make these decisions.
Second, some prospective clients and investment advisors incorrectly assume when a person is on Medicaid, the nursing home in which the individual resides may not accept them. This is also false. In order for a nursing home to receive Medicaid money, it is prevented from discriminating against a Medicaid patient in any way. If a nursing home is Medicaid approved and has an available bed, it must take the individual. Most nursing homes, especially in rural areas, are Medicaid approved. Most nursing homes would not survive without Medicaid. Only those nursing homes which are only private-pay (usually only located in the metropolitan areas) can refuse to accept a Medicaid patient.
Third, some individuals incorrectly assumed the level of care a Medicaid patient receives is inferior to that of a private-pay patient. Again, this is false. Because of the nature of my practice, I frequently visit nursing homes. Most people in nursing homes are on Medicaid; and yet, all patients receive the same level of care. In order for a nursing home to receive Medicaid money, it is prevented from discriminating against a Medicaid patient in any way.
Fourth, some prospective clients incorrectly believe they cannot retain their current health insurance if receiving Medicaid. This is also false. Not only will clients be allowed to retain or obtain health insurance of their choice, they will be encouraged to do so. As an incentive, Medicaid allows clients to deduct their health insurance premiums from any payment they may be responsible to pay the nursing home. This practice puts another source of payment of medical costs before Medicaid.
Fifth, other individuals incorrectly think once a person qualifies for Medicaid, the patient’s spouse either looses all of their assets or is subject to constant control and monitoring by Medicaid. This too is false. Before a person qualifies for Medicaid, the assets of both the patient and spouse are counted in determining eligibility. However, once a person qualifies for Medicaid, a separation in assets occurs which prevents Medicaid from controlling or monitoring the spouse’s assets. After qualification, the spouse is free to do whatever the spouse wishes with his or her assets. Beware where you get your legal advice.
For more information about Medicaid, Medicare, Veteran’s benefits, Social Security disability, estate planning or asset protection planning, or how to become a community partner, visit Senior Resources and Benefits, LLC (“SRB”) at www.srbllc.com. All legal services for SRB provided by the law firm of Mitchel, Gaston, Riffel & Riffel, P.L.L.C. with website at www.westoklaw.com. Any additional questions or inquiries can be directed to Jeremy Nichols at Senior Resources & Benefits, LLC at 3517 W. Owen K. Garriott, Suite Three, Enid, Oklahoma 73703, (580) 794-0042, or at his email address of jnichols@westoklaw.com. Senior Resources & Benefits, LLC has offices in Alva, Enid, Fairview, Oklahoma City, Ponca City, Tulsa or Woodward, Oklahoma.
VA Benefits
VA
About 25 percent of the nation's population is potentially eligible for veteran benefits because they are veterans, family members of veterans or survivors of veterans. Not all veterans are automatically entitled to Veterans Administration ("VA") health care. The VA health care system primarily benefits veterans with service-connected disabilities, certain combat veterans, low-income veterans and very elderly veterans with wartime service. Veterans with low priority may have to pay for health care.
In most cases, health care can be obtained at VA facilities. In some circumstances, VA health care can be obtained at non-VA facilities. Some family members and surviving family members of veterans may receive health care coverage through the VA. Enrollment is required for some VA medical benefits while others are need not enroll to receive them. A veteran can enroll in person at any VA facility providing medical services, by mail or over the Internet. Veterans applying for enrollment must complete VA Form 10-10EZ. Enrolled veterans use VA Form 10-10EZR (Health Benefits Renewal Form) to update data on employment, health, insurance, finances or other relevant information. After the veteran files the application, the VA determines the veteran's priority group.
Federal law requires nursing home care be provided to any veteran requiring nursing facility care for a service-connected disability, or any veteran with a service-connected disability rated at 70% disabling or more. Nursing home care is provided to other veterans on a space-available basis. Once admitted to a VA facility, the veteran will not be transferred without the informed consent of the veteran or the veteran's legal representative.
A non-service connected VA pension is available to assist veterans in paying for in-home health care, assisted living and nursing facility care at a private facility. This pension is a monthly payment available to certain wartime veterans permanently and totally disabled because of non-service connected or service connected conditions. There are two primary types of monthly pensions available to the veteran or veteran's surviving spouse. The first is the House-Bound benefit while the second is the Aid and Attendance benefit.
Medicaid Advice
Medicaid Advice
Medicaid is one of the most complex and confusing set or rules and regulations most professionals ever face. The Medicaid rules and regulations are always changing, often without notice.
One court said, "The Medicaid statute is an aggravated assault on the English language, resistant to attempts to understand it. The statute is complicated and murky, not only difficult to administer and to interpret but a poor example to those who would like to use plain and simple expressions." Another court stated, "As Medicaid has evolved, there has developed a degree of complexity in the Medicaid Act and particularly the regulations which makes it almost unintelligible to the uninitiated." Finally, a court said, "There can be no doubt that the Medicaid statutes are among the most completely impenetrable texts within human experience. Indeed, one approaches them at the level of specificity herein demanded with dread, for not only are they dense reading of the most tortuous kind, but Congress also revisits the area frequently, generously cutting and pruning in the process and making any solid grasp of the matters addressed merely a passing phase."
Unfortunately, all too often, clients and their advisors seek advice about Medicaid from the caseworkers in charge of evaluating Medicaid applications. What clients and their advisors do not know is they cannot rely upon the advice or recommendations of caseworkers. Most Medicaid caseworkers are good people with good intentions. They work hard at their jobs which involve administering many different programs including the Medicaid program.
Caseworkers either do not receive any training on the Medicaid rules and regulations, or they do not receive adequate training. As a result, caseworkers frequently misquote rules and regulations, and give erroneous advice to clients and advisors. Relying on advice from a caseworker can result in some very unexpected and serious consequences to the client. In some cases, caseworkers do know the rules but believe it their job to keep the client from qualifying for benefits. In those cases, the caseworkers intentionally mislead or refuse to help the client in receiving benefits. One client summarized it best by saying, "Taking advice from a caseworker is like asking an IRS agent to help you save on taxes."
Some clients are curious why their attorney did not discuss Medicaid planning with them. Medicaid planning is a highly specialized and very difficult area of the law. The Medicaid rules are a confusing combination of Federal and state law. Each state has a state Medicaid agency with a second agency administering Medicaid. Each agency has its own rules. To further complicate matters, the Secretary of Health and Human Services has the authority to waive provisions of the Medicaid statutes resulting state rules conflicting with Federal statutes and rules differing among states. In addition, many Federal and state procedural rules are not even documented.
An attorney practicing in this area learns the rules through the experience of handling cases. To remain updated on the latest rules and regulations, the attorney must handle a significant number of cases. Most attorney do not specialize in this area of the law. Clients must seek competent advice from a Medicaid attorney. Senior Resources & Benefits, L.L.C. ("SRB") uses the legal services of the law firm of Mitchel, Gaston, Riffel & Riffel, P.L.L.C. The law firm of Mitchel, Gaston, Riffel & Riffel, P.L.L.C. specializes in Medicaid. To learn more about this law firm, see the "Legal Services" item under the "Home" menu of this website.
Welcome to Senior Resources & Benefits, LLC.
Welcome to Senior Resources & Benefits
Each year individuals spend millions of dollars on estate planning to ensure their estates, assets and heirs are protected from the threats of estate taxes, the probate process and administrative costs. Additionally, many people spend further sums on asset protection planning to protect themselves and their heirs from litigation and creditors' claims. During this entire time consuming and costly process, the individual and their planners are completely oblivious to the largest threat facing themselves and their estate:
Long-term care costs. Clients who have successfully benefited from SRB's services have had net worth from as little as $25,000 to as much as $3 million. Long-term care costs are costs such as nursing home costs, in-home health care costs, prescription medication expenses and medical expenses. Statistics compiled by the Federal government's Medicaid agency, the Centers for Medicaid and Medicare Services, reveal about 50% or 1 out of every 2 people require some type of long-term care during their lifetime. Most individuals suffering from Alzheimer's disease or other dementia related illness require care for almost 11 years while most non-Alzheimer's and non-dementia patients require care for a little over 3 years.
Many recent studies have shown the average monthly cost of care in a semi-private room in the Midwest to be approximately $4,200 per month. The cost of care at home as well as the cost of care in a private room in a nursing facility is much more. Prescription medications are often an additional $500 to $1,000 per month depending upon the individual's illness and medications prescribed. Due to the likelihood most individuals will incur long-term care costs and due to the fact those costs are extremely expensive, most people should incorporate benefit planning into their estate or asset protection plans.
Senior Resources & Benefits, L.L.C. ("SRB") are experts specializing in Medicaid, Medicare, Veteran ("VA") and Social Security benefits. Additionally, SRB offers asset protection planning and estate planning very different from other planners. It integrates benefit planning within the clients' asset protection planning or estate planning. Most asset protection or estate plans do not address Medicaid or other benefits leaving clients completely vulnerable to long-term care costs.
SRB offers two different types of planning being crisis planning or pre-planning. In crisis planning, SRB assists the client in analyzing his or her case under the appropriate rules, planning the case and taking the necessary steps to qualify the client for benefits immediately, even if the client is already in a nursing facility and even if the client has not done any planning previously. Proper crisis planning enables the client to qualify for benefits without having to wait any time period (i.e. 3 or 5 years) in order to qualify for benefits. Pre-planning is for those individuals who are not ill and will not be needing care until some time in the future, if at all. Many of these clients have already done their estate planning which is completely void of any benefit planning.
Pre-planning allows the client to incorporate benefit planning into his or her existing estate or asset protection plan. If the client has not done any planning, it allows the client to structure his or her estate or asset protection plan with the necessary benefit planning provisions.
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