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Protecting Loved Ones from Elder Abuse

Finding professional and caring home care services for an elderly family member can be challenging.  Families express concerns over the prevention of elder abuse and how they can protect a loved one’s legal rights.  Seeking advice from an experienced elder law attorney can help you make the right decisions when it comes to your elderly loved ones.

There are several forms of elder maltreatment, including emotional abuse, neglect, physical abuse, and financial abuse.  Some studies report as much as 25 percent of elderly adults are abused in some fashion at the hands of caregivers.  Caregivers can be paid employees or family members.

One obstacle in remedying elder abuse is identifying it in the first place.  Older adults may have dementia or other health issues, that may cause them to have a disheveled appearance.  Separating the cases where an individual’s grooming issues are caused by maltreatment, as opposed to it being an effect of medical and psychological concerns, is not as easy as one might think.  Additionally, it may be necessary for caregivers to take precautions, such as physical restraints, to safeguard an individual’s safety.  Each case must be analyzed on an individual basis because the circumstances may lead to a finding of maltreatment, or may be a justifiable safety measure.

Another obstacle facing abuse is the secrecy surrounding issues of elder abuse.  According to the Family Caregiver Alliance, there are approximately 65.7 million informal and family caregivers in America.  Due to such a high number of family and informal caregivers, many times elder abuse is not discussed or reported.  Aside from instances of intentional abuse, caregivers can often suffer from fatigue and lack of resources to adequately care for their loved one which can lead to unintentional neglect or abuse.

Choosing the right caregiver and planning for long term care are very difficult and important decisions you and your family will have to make.  Contact an experienced New York elder law attorney who can help.  For more information, contact Hobson-Williams, P.C. at (718) 210-4744 for the quality representation that you deserve.

Medicaid vs. Medicare 101

Tanya Hobson-WilliamsAlthough Medicaid and Medicare provide essential services for our loved ones and thousands of Americans, many people either do not know the specifics of each program or simply do not know the difference. Well not anymore! Provided below are the basics everyone should know when dealing with these two aid programs and a basic layout of their differing eligibility requirements, coverage, and funding.

Medicare

Medicare is a federally funded and administered program that provides health insurance for individuals older the age of 65, individuals with disabilities, or individuals with End-Stage Renal Disease (ESRD). Its coverage includes: inpatient services from a hospital or nursing facility, outpatient services, doctor visits, and preventive care, prescription drug costs, or a combination of these services. Most seniors are automatically enrolled when they turn 65, yet those that are disabled are required to contact their local Medicaid office if interested in being enrolled, however cost is not distinguished by qualifying factors but rather is the cost depends on the “level of coverage” assessed.

Medicaid

Medicaid is a federal and state program that is administrated by the state government with the purpose of providing coverage for low-income families. Its coverage includes: hospital and nursing care, certified pediatric and nurse practitioner services, access to federally qualified centers, as well as access to rural health clinic or birth centers licensed by the family’s state. All of those who wish to receive Medicaid benefits must apply within their state office in order to become eligible and costs depend on the income of each family.

Can A Person Qualify for Both Medicare and Medicaid in New York?

Individuals may be dually eligible for both programs. In many of these cases, Medicaid will cover Medicare premiums or co payments for the services covered under Medicare. This allows for effective and comprehensive health coverage.

Contact an Attorney

If you believe you qualify for Medicare or Medicaid and wish to receive benefits, or if you have been previously denied coverage, contact an experienced New York Elder Law Attorney. A skilled attorney can analyze your situation, discuss your options with you, and help ensure your legal rights are protected.

Certified Home Health Agencies not permitted to reduce hours previously authorized without due process

On April 8th  and 15th, 2011,  the State Commissioner of Health sent all CHHA administrators two directives reminding them that state law  does not allow CHHAs to reduce home health aide services that were previously authorized, without doctor’s orders and notice and hearing rights.  Similarly, if a CHHA client is hospitalized, or in temporary short-term rehabilitation, these changes do not allow the CHHA to abandon them — the CHHA must reinstate the same home health services after the hospital or rehab stay is over, if the client continues to need the services as prescribed by his/her treating physician.