State eases restrictions on home care for the elderly

During the COVID-19 pandemic, many planning, as Moses claims in the Wall Street seniors are afraid to go to a nursing home. I Journal article. Moses has a history of outrawant to assure our readers that there is another geous proposals that are detrimental to those option. A senior who needs the care that a trying to become eligible for Medicaid Title nursing home provides can receive care at 19. An example of this is when Moses sughome through the CT Home Care Program. gested that senior should use all of their home

Over the past 15 years in this equity before they would ever become column, I’ve always promised if I see eligible for Medicaid Title 19. something that affects seniors in this As many of you have read community, I will let you know right throughout the years, I always caution away. Well, in a recent Wall Street you about who you listen to. Steven Journal article, the long-term care Moses’ “think tank” is financed by insurance industry was attempting the long-term care insurance industo use the pandemic crisis and the try. Long-term care insurance, in numerous deaths in nursing homes the right circumstances, is a tremenas a way to back door changes to the Daniel O. dous product. As in many things, Medicaid system that would hurt Tully long-term care insurance is not necesseniors all throughout our state. sarily right for everyone. One thing

Behind this effort is Steven Moses, a that would make long-term care insurance long-term care insurance lobbyist, who was more affordable would be significant regulathe driving force behind the law change in tion on the grotesque increases in premiums Medicaid when they changed the look-back to the most vulnerable of our society. I have period from three years to five years. That numerous clients that have to make a difficult change was slammed through Congress with decision between excepting less coverage so no evidence supporting the reasoning for that their long-term care insurance that they’ve changing the three-year look-back to five. held onto for decades can stay in force. This That change in law has created instability is an insult to those who did “the responsible in the nursing home industry, not Medicaid thing“ in purchasing long-term care insurance.

Connecticut, like most states, is recogniz- as walking, eating and toileting, can be a coning that home care is more cost-effective than suming and exhausting task. One important institutional care. In Connecticut, financial consideration when one family member has or other assistance may be available for those the sole responsibility of caring for a parent or who choose to remain in their homes despite other older relative is the question of equity declining capabilities. with other family members. For example, is

Public and private agencies offer a variety of the child being fairly compensated for her home care services that may be available: work? If the older person is living with a child,

Home health care, either part-time or 24 - does the elder help pay for the house? If the hour care care is taking place in the elder’s home, should

Personal care and homemaking services, the child have an ownership interest in the such as shopping, cooking and cleaning house? For parents with only one child, such

Services to the home, such as meals pro- arrangements may not be so complicated, but grams, transportation and home repair if the parent has more than one child, it can be

Medicare and Medicaid provide some cov- difficult to know what’s fair. erage of the medical portion of home health An experienced elder law attorney can care. (In some cases, 24/7 care can be covered.) devise creative solutions to your health care Although the coverage is often inadequate, puzzle. when combined with other resources available to the client and his family, it may be enough to keep a fragile older person at home for a Daniel O. Tully is a partner in the law longer period of time. firm of Kilbourne & Tully, P.C., memThe has many consequences, some of which may be quite unexpected. To begin with, bers of the National Academy of Elder family members shoulder most of the burden Law Attorneys Inc., with offices at 120 of care for the elderly at home. Being the primary caretaker for someone who requires Laurel St., Bristol. Contact him at 860assistance with activities of daily living, such 583-1341.

Do you have a loved one in a nursing home? Do you want to protect your assets?

• Former Assistant Attorney General for the State of Connecticut where he handled Medicaid (Title 19) cases. • Lectures Nationally and throughout the State of Connecticut on Elder Law, Home and Asset Protection. • Board of Directors for the National Academy of Elder Law Attorneys.

Attorney Daniel O. Tully

Don’t leave your loved ones to suffer due to lack of planning, even if a loved one is already ill or in a nursing home.

Call 860-583-1341