County: Wetzel
Age: 64
Client's Social Security was garnished for past due child support. Because his income is very low and my client is in poor health, I sent Child Protective Services a letter explaining that the garnishment creates an undue hardship for my client, who needs the income to keep up with medical expenses. After reviewing my client's case and his circumstances, Child Protective Services reduced the amount of garnishment to $20 per month.
Friday, July 22, 2005
Thursday, July 14, 2005
Change in WV M'caid Estate Recovery Practice?
An article by Sarah Lueck appeared June 24, 2005 in the Pittsburgh Post-Gazette (apparently a reprint from the Wall Street Journal) about Medicaid Estate Recovery. Specifically the article focuses on how states are more aggressively pursuing estate recovery as one way to offset increasing Medicaid budgets. www.post-gazette.com/pg/05175/528036.stm
The article claims that "West Virginia has made a notable about-face" from our 2000 Attorney General's lawsuit challenging the recovery mandate and the practice of only pursuing recovery in estates valued at $50,000 or more, to now going after estates as small as $5,000.
Though federal and state law in West Virginia have permitted recovery in estates valued between $5,000 and $50,000, the state Medicaid entity (the Bureau of Medical Services) has maintained a practice of not pursuing estates under $50,000. The state contracts with a Boston-based firm to handle recoveries of $50,000+ estates. If the article is correct in its assertion that the practice is changing, seniors who benefit from long-term care Medicaid (either in a nursing home or through home-based services) whose estates are between $5,000 and $50,000 need to be aware of the increased likelihood of recovery against their estates.
AARP's Public Policy Institute recently released a report which studies estate recovery practices across the nation. An article about the report appears in the Sumemr 2005 issue of the West Virginia Elder Advocacy Quarterly, available online at www.seniorlegalaid.org/newsletter_detail.cfm?H=297&E=25
Senior West Virginians age 60 and over may speak to an attorney at West Virginia Senior Legal Aid about long-term care Medicaid eligibility, transfers of assets, estate recovery, and planning generally by calling 1-800-229-5068.
The article claims that "West Virginia has made a notable about-face" from our 2000 Attorney General's lawsuit challenging the recovery mandate and the practice of only pursuing recovery in estates valued at $50,000 or more, to now going after estates as small as $5,000.
Though federal and state law in West Virginia have permitted recovery in estates valued between $5,000 and $50,000, the state Medicaid entity (the Bureau of Medical Services) has maintained a practice of not pursuing estates under $50,000. The state contracts with a Boston-based firm to handle recoveries of $50,000+ estates. If the article is correct in its assertion that the practice is changing, seniors who benefit from long-term care Medicaid (either in a nursing home or through home-based services) whose estates are between $5,000 and $50,000 need to be aware of the increased likelihood of recovery against their estates.
AARP's Public Policy Institute recently released a report which studies estate recovery practices across the nation. An article about the report appears in the Sumemr 2005 issue of the West Virginia Elder Advocacy Quarterly, available online at www.seniorlegalaid.org/newsletter_detail.cfm?H=297&E=25
Senior West Virginians age 60 and over may speak to an attorney at West Virginia Senior Legal Aid about long-term care Medicaid eligibility, transfers of assets, estate recovery, and planning generally by calling 1-800-229-5068.
Tuesday, July 12, 2005
Finally Aging Gets A Commissioner
Gov. Joe Manchin announced yesterday that Sandra K. Vanin, Ed.D., Director of The Friday Clinic at West Virginia University’s Center for Excellence in Disabilities, has agreed to serve as Commissioner of the West Virginia Bureau of Senior Services, effective Aug. 1, 2005.
Monday, July 11, 2005
Medicaid Commission members named, and WV BMS Commissioner included
FOR IMMEDIATE RELEASE
Contact: HHS Press Office
Friday, July 8, 2005
(202) 690-6343
HHS SECRETARY NAMES MEDICAID ADVISORY COMMISSION MEMBERS
Former Tennessee Governor Named Chair; Former Maine Governor Named Vice-Chair
HHS Secretary Mike Leavitt today announced 13 voting members and 15 non-voting members of an advisory commission charged with identifying reforms necessary to stabilize and strengthen Medicaid.
Consisting of health policy leaders from both sides of the aisle, state health department officials, public policy organizations, individuals with disabilities and others with special expertise, the commission will submit its first report to Secretary Leavitt by Sept. 1. Through the FY 2006 budget agreement, the Department of Health and Human Services agreed to create this commission to develop proposals on the future of the Medicaid program.
"In Washington and state capitols across America, there is consensus that now is the time to reform and modernize Medicaid," Secretary Leavitt said. "I look forward to having a robust conversation in an open and bipartisan manner with the commission members. Together with Congress and the states, we will create a plan that will better help Medicaid fulfill its commitment to quality care in a way that is financially sustainable."
In addition, the Secretary is holding open two vacancies on the commission for current governors so that they may join after Sept. 1, 2005 when the commission focuses on the longer-term methods of modernizing the Medicaid program. The National Governors Association Center for Best Practices will serve as a working group tasked with informing the commission on the range of issues that will be considered.
Former Tennessee Governor Don Sundquist will chair the commission and former Maine Governor Angus King will serve as vice-chair. The commission members are:
* Nancy Atkins, commissioner for the Bureau for Medical Services, Department of Health and Human Resources, West Virginia
* Melanie Bella, vice president for policy, Center for Health Care Strategies, Inc.
* Gail Christopher, vice president for health, Women and Families at the Joint Center for Political and Economic Studies and director of the Joint Center Health Policy Institute
* Gwen Gillenwater, director for advocacy and public policy, National Council on Independent Living
* Robert Helms, resident scholar and director of health policy studies, American Enterprise Institute
* Kay James, former director of the U.S. Office of Personnel Management
* Troy Justesen, deputy assistant secretary for the office of special education and rehabilitative services, U.S. Department of Education
* Tony McCann, secretary of health and mental hygiene, Maryland
* Mike O'Grady, assistant secretary for planning and evaluation, U.S. Department of Health and Human Services
* Bill Shiebler, former president, Deutsche Bank
* Grace-Marie Turner, president, Galen Institute
In addition to the voting members, the commission will consist of the following non-voting members:
* James Anderson, president and CEO, Cincinnati Children's Hospital Medical Center, National Association of Children's Hospitals
* Julianne Beckett, director of national policy, Family Voices
* Carol Berkowitz, pediatrician, president of the American Academy of Pediatrics
* Maggie Brooks, county executive, Monroe County, New York
* Valerie Davidson, executive VP, Yukon-Kuskokwim Health Corporation
* Mark de Bruin, senior VP of pharmacy services, Rite Aid; chairman of the policy council, National Association of Chain Drug Stores
* John Kemp, CEO, Disability Service Providers of America
* Joseph Marshall, chairman and CEO, Temple University Health System, American Hospital Association
* John Monahan, president of state sponsored programs for WellPoint; Blue Cross/Blue Shield Association and America's Health Insurance Plans
* John Nelson, physician, immediate past-president of the American Medical Association
* Joseph J. Piccione, corporate director of mission integration, OSF Healthcare System
* John Rugge, CEO, Hudson Headwaters Health Network, National Association of Community Health Centers
* Douglas Struyk, president and CEO, Christian Health Care Center, American Health Care Association/National Center for Assisted Living and American Association of Homes and Services for the Aging
* Howard Weitz, cardiologist, Thomas Jefferson University
* Joy Johnson Wilson, director of health policy and federal affairs counsel, National Conference of State Legislators
The Medicaid commission must submit two reports to Secretary Leavitt. By Sept. 1, the commission will outline recommendations for Medicaid to achieve $10 billion in reductions in spending growth during the next five years as well as ways to begin meaningful long-term enhancements that can better serve beneficiaries. The commission, for its first report, also will consider potential performance goals for Medicaid as a basis of longer-term recommendations.
The second report, due Dec. 31, 2006, will provide recommendations to help ensure the long-term sustainability of Medicaid. The proposals will address key issues such as:
*How to expand coverage to more Americans while still being fiscally responsible;
*Ways to provide long-term care to those who need it;
*A review of eligibility, benefits design, and delivery; and
*Improved quality of care, choice and beneficiary satisfaction.
A full copy of the commission's charter is available at http://www.cms.hhs.gov/faca/mc/default.asp.
Contact: HHS Press Office
Friday, July 8, 2005
(202) 690-6343
HHS SECRETARY NAMES MEDICAID ADVISORY COMMISSION MEMBERS
Former Tennessee Governor Named Chair; Former Maine Governor Named Vice-Chair
HHS Secretary Mike Leavitt today announced 13 voting members and 15 non-voting members of an advisory commission charged with identifying reforms necessary to stabilize and strengthen Medicaid.
Consisting of health policy leaders from both sides of the aisle, state health department officials, public policy organizations, individuals with disabilities and others with special expertise, the commission will submit its first report to Secretary Leavitt by Sept. 1. Through the FY 2006 budget agreement, the Department of Health and Human Services agreed to create this commission to develop proposals on the future of the Medicaid program.
"In Washington and state capitols across America, there is consensus that now is the time to reform and modernize Medicaid," Secretary Leavitt said. "I look forward to having a robust conversation in an open and bipartisan manner with the commission members. Together with Congress and the states, we will create a plan that will better help Medicaid fulfill its commitment to quality care in a way that is financially sustainable."
In addition, the Secretary is holding open two vacancies on the commission for current governors so that they may join after Sept. 1, 2005 when the commission focuses on the longer-term methods of modernizing the Medicaid program. The National Governors Association Center for Best Practices will serve as a working group tasked with informing the commission on the range of issues that will be considered.
Former Tennessee Governor Don Sundquist will chair the commission and former Maine Governor Angus King will serve as vice-chair. The commission members are:
* Nancy Atkins, commissioner for the Bureau for Medical Services, Department of Health and Human Resources, West Virginia
* Melanie Bella, vice president for policy, Center for Health Care Strategies, Inc.
* Gail Christopher, vice president for health, Women and Families at the Joint Center for Political and Economic Studies and director of the Joint Center Health Policy Institute
* Gwen Gillenwater, director for advocacy and public policy, National Council on Independent Living
* Robert Helms, resident scholar and director of health policy studies, American Enterprise Institute
* Kay James, former director of the U.S. Office of Personnel Management
* Troy Justesen, deputy assistant secretary for the office of special education and rehabilitative services, U.S. Department of Education
* Tony McCann, secretary of health and mental hygiene, Maryland
* Mike O'Grady, assistant secretary for planning and evaluation, U.S. Department of Health and Human Services
* Bill Shiebler, former president, Deutsche Bank
* Grace-Marie Turner, president, Galen Institute
In addition to the voting members, the commission will consist of the following non-voting members:
* James Anderson, president and CEO, Cincinnati Children's Hospital Medical Center, National Association of Children's Hospitals
* Julianne Beckett, director of national policy, Family Voices
* Carol Berkowitz, pediatrician, president of the American Academy of Pediatrics
* Maggie Brooks, county executive, Monroe County, New York
* Valerie Davidson, executive VP, Yukon-Kuskokwim Health Corporation
* Mark de Bruin, senior VP of pharmacy services, Rite Aid; chairman of the policy council, National Association of Chain Drug Stores
* John Kemp, CEO, Disability Service Providers of America
* Joseph Marshall, chairman and CEO, Temple University Health System, American Hospital Association
* John Monahan, president of state sponsored programs for WellPoint; Blue Cross/Blue Shield Association and America's Health Insurance Plans
* John Nelson, physician, immediate past-president of the American Medical Association
* Joseph J. Piccione, corporate director of mission integration, OSF Healthcare System
* John Rugge, CEO, Hudson Headwaters Health Network, National Association of Community Health Centers
* Douglas Struyk, president and CEO, Christian Health Care Center, American Health Care Association/National Center for Assisted Living and American Association of Homes and Services for the Aging
* Howard Weitz, cardiologist, Thomas Jefferson University
* Joy Johnson Wilson, director of health policy and federal affairs counsel, National Conference of State Legislators
The Medicaid commission must submit two reports to Secretary Leavitt. By Sept. 1, the commission will outline recommendations for Medicaid to achieve $10 billion in reductions in spending growth during the next five years as well as ways to begin meaningful long-term enhancements that can better serve beneficiaries. The commission, for its first report, also will consider potential performance goals for Medicaid as a basis of longer-term recommendations.
The second report, due Dec. 31, 2006, will provide recommendations to help ensure the long-term sustainability of Medicaid. The proposals will address key issues such as:
*How to expand coverage to more Americans while still being fiscally responsible;
*Ways to provide long-term care to those who need it;
*A review of eligibility, benefits design, and delivery; and
*Improved quality of care, choice and beneficiary satisfaction.
A full copy of the commission's charter is available at http://www.cms.hhs.gov/faca/mc/default.asp.
Friday, July 01, 2005
case of the Week: 7/01/2005
My client is an 89-year-old resident of Monongalia County. She needed a DPOA in order for her son to manage her finances. Since she is housebound, low income, and time is of the essence, I was able to advise her about DPOAs, discuss the powers she wanted to include, and draft a DPOA for her.
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