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What To Do When Your Child Turns 26 While On Your Health Insurance Plan

Posted by Bach & Jacobs, P.a., Sarasota, FL

Q.  My adult daughter and I are covered through my husband's employer. Our daughter turns 26 this summer, but I thought we couldn’t sign up under the Obamacare Health Insurance Marketplace until open enrollment later this year. What is she supposed to do between her summer birthday and the Obamacare open enrollment in November?

A.   Now that your daughter is turning 26, she will eventually need to get her own plan.  The Affordable Care Act allows her to stay on her parents’ plan only until she is 26.   Here are a few things to do and/or consider:

1. Check with your husband’s employer to find out exactly when your daughter will lose her coverage.  It may be on her birthday this summer or it may be at the end of the plan year.

2. If your daughter wants to stay on your husband’s plan as long as possible, she may be able to extend it for up to 18 months under the federal law known as COBRA. Just know that she would be responsible for paying the entire cost of her premium, which could be expensive.

3  If her own job does not provide health insurance coverage, your daughter can apply for an individual plan using the federal health insurance marketplace.  Because Florida refused to enact its own state insurance marketplace, citizens of Florida have to use the federal site at healthcare.gov.  It doesn’t matter that she’s applying prior to the November “open enrollment period”.  Because she’s losing her coverage under your plan, she’ll be eligible for a special enrollment period.   Note that she may be eligible for premium tax credits to make coverage more affordable if her income is between 100 and 400 percent of the federal poverty level (as of July 2014 the range is $11,490 and $45,960 for a single individual).

If you are an employer or a family looking to apply for health insurance coverage under the Affordable Care Act and have questions about the tax incentives available, call Bach & Jacobs and make an appointment with Board Certified Tax Lawyer Fred Jacobs.


Fredric C. Jacobs, Esquire
Bach & Jacobs, P.A.
240 S. Pineapple Avenue, Suite 700
Sarasota, FL 34236
941-906-1231
941-954-1185 facsimile
www.bachjacobs.com

 

How Does Your State Rank Regarding Long Term Care?

Posted by Bach & Jacobs, P.a., Sarasota, FL

A:  A new study from AARP indicates long term care varies dramatically in cost and quality depending on where a person lives in the United State.  You can find the ‘scorecard’ that ranks all the states based on 26 different variables here: http://www.longtermscorecard.org/ Unfortunately, Florida ranks in the bottom 25% based on the study’s criteria.

All the more reason to have a Board Certified Elder Lawyer advise you about your options.  You can listen to a recent NPR story about the study here: http://www.npr.org/blogs/health/2014/06/19/323356217/how-your-state-rates-in-terms-of-long-term-care.

To make an appointment with Board Certified Elder Lawyer Babette B. Bach, contact Bach & Jacobs today.

Babette B. Bach, Esquire
Bach & Jacobs, P.A.
240 S. Pineapple Avenue, Suite 700
Sarasota, FL 34236
941-906-1231
941-954-1185 facsimile
www.bachjacobs.com

 

What Happens If An Employer Discontinues Retiree's Health Insurance Plan?

Posted by Bach & Jacobs, P.a., Sarasota, FL

Kaiser Health News recently answered readers’ questions about the Affordable Care Act and the federal Marketplace exchange, which has caused a lot of confusion for folks.  Here’s an excerpt From: http://www.kaiserhealthnews.org/Stories/2014/May/20/Andrews-IYH.aspx?p=1


Q:   I will be retiring this year from my company, before age 65. My company is dropping retiree health care in January, stating that retirees younger than 65 can elect coverage through the exchanges. Will the company be required to offer COBRA starting in January? I fear that coverage will be expensive through the exchanges since we will not be eligible for any subsidies due to my husband's $200,000 income. He’s self-employed and covered under my company's health plan.


A:  In general, if an employer discontinues its retiree plan, it's not required to offer retirees the opportunity to extend their coverage for up to 18 months under the federal law known as COBRA, according to a Treasury Department official. The cancellation of your retiree plan will create a special enrollment opportunity for you to sign up for a plan on the health insurance exchanges. You won’t need the special sign-up period; however, since January is midway through the annual open enrollment period that runs from Nov. 15 through Feb. 15 when people can change plans anyway.


As you note, you won’t be eligible for subsidized coverage on the exchange because your husband’s income exceeds 400 percent of the federal poverty level ($62,920 for a couple next year). But it’s worth checking out plans on the marketplace anyway, says Laurel Lucia, a policy analyst at the Center for Labor Research and Education at the University of California, Berkeley. Depending on your health needs, a marketplace plan might be a better fit. “The typical job-based plan resembles a gold or platinum marketplace plan, but on the marketplace they’d have the option of buying silver and bronze level plans as well,” she says. Many individuals find the costs of Marketplace plans are much more affordable than COBRA plan rates.


Babette B. Bach, Esquire
Bach & Jacobs, P.A.
240 S. Pineapple Avenue, Suite 700
Sarasota, FL 34236
941-906-1231
941-954-1185 facsimile
www.bachjacobs.com

 

VA Still Paying American Civil War Pension

Posted by Bach & Jacobs, P.A., Sarasota, FL


The war’s been over for nearly 150 years, but the Department of Veterans’ Affairs is still providing a pension payment a child of a Civil War Veteran as of June 2013, according to U.S. News and World Report.  The last surviving solder from the Civil War died in 1958.


Read the interesting story here: http://www.usnews.com/news/newsgram/articles/2013/07/03/one-civil-war-veterans-pension-remains-on-governments-payroll 


If you need legal advice for VA planning, Asset Protection Planning, or Medicaid planning, please contact our office for an initial consultation.


To learn more about recent news regarding VA benefits in Florida, visit our website: http://www.bach-elder-law.com/blog/tag/327-va-florida

Babette B. Bach, Esquire
Bach & Jacobs, P.A.
240 S. Pineapple Avenue, Suite 700
Sarasota, FL 34236
941-906-1231
941-954-1185 facsimile
www.bachjacobs.com

Babette Bach featured in Herald-Tribune Article Regarding Medicaid Privatization

Posted by Bach & Jacobs, P.A., Sarasota, FL  

Our own Babette Bach was quoted in a recent story by Sarasota Herald Tribune reporter Barbara Peters Smith about the privatization of Medicaid.

Read it here: http://www.heraldtribune.com/article/20140627/ARTICLE/306279989/2055/NEWS?template=printpicart


Babette B. Bach, Esquire
Bach & Jacobs, P.A.
240 S. Pineapple Avenue, Suite 700
Sarasota, FL 34236
941-906-1231
941-954-1185 facsimile
www.bachjacobs.com

The 30th Anniversary of Babette Bach's prestigious AV Rating!

Posted by Bach & Jacobs, P.A., Sarasota, FL

Congratulations Babette on being an AV rated elite attorney for 30 years!!

Bach & Jacobs, P.A.
240 S. Pineapple Avenue, Suite 700
Sarasota, FL 34236
941-906-1231
941-954-1185 facsimile
www.bachjacobs.com

AHCA Issuing New Increased Penalty Divisor for Medicaid

Posted by Bach & Jacobs, P.A., Sarasota, FL

The State of Florida Agency for Health Care Administration (AHCA) confirmed an expected increase in the 2014 average private pay daily rate for nursing home care.  The new number is $262.14, an increase from $250.42 last year.  This means the estimate of the new penalty divisor for Medicaid is expected to be about $7,995.00. It will take DCF several months to process the rule change implementing the new penalty divisor.  You can read a draft copy of the AHCA study here: http://origin.library.constantcontact.com/download/get/file/1110588872530-130/2014+Private+Pay+Rate+as+determined+by+AHCA.pdf

Babette B. Bach, Esquire

Bach & Jacobs, P.A.

240 S. Pineapple Avenue, Suite 700

Sarasota, FL 34236

941-906-1231

941-954-1185 facsimile

www. bachjacobs.com

Florida Increases Medicaid Personal Needs Allowance

Posted by Bach & Jacobs, P.A., Sarasota, FL

The State of Florida has enacted a new law that will increase the Personal Needs Allowance for Medicaid recipients from $35.00 to $105.00, the first increase in the history of the Medicaid Institutional Care Program in the state.  The increase will become effective on July 1, 2014. The increase is in line item #239 in the General Appropriations Act (HB 5001), which was not among the line items vetoed by the Governor.  $14,189,102 from the General Revenue Fund and $21,246,910 from the Medical Care Trust Fund are provided to increase the PNA for residents in institutional settings.

Babette B. Bach, Esquire

Bach & Jacobs, P.A.

240 S. Pineapple Avenue, Suite 700

Sarasota, FL 34236

941-906-1231

941-954-1185 facsimile

www.bachjacobs.com

2nd Anniversary of Affordable Care Act Supreme Court Ruling

Posted by Bach & Jacobs, P.A.

Today marks the 2nd anniversary of the ruling in National Federation of Independent Business v. Sebelius by the Supreme Court of the United States, which upheld the federal Affordable Care Act (a/k/a “Obamacare”).  Health News Florida reports that federal data indicates “Floridians who bought health insurance on the Affordable Care Act marketplace and received tax credits got a pretty good deal.”  Floridians spent an average of $68 a month, considerably less than the national average of $82.  One reason for the low price to consumers was that 91% of those who enrolled in Florida received advanced federal tax credits, averaging $278 a month.  To read the full story, go to Health News Florida:  http://health.wusf.usf.edu/post/florida-premiums-average-68mo   If you have questions about qualifying for public benefits, including tax credits for Obamacare, contact the attorneys at Bach & Jacobs, P.A. for a consultation.

Impact of the Supreme Court's Windsor Decision on ACL

Posted by Bach & Jacobs, P.A., Sarasota, FL

Question: What is the impact of the Supreme Court’s Windsor decision regarding same sex marriage on people participating in programs administered by the Administration for Community Living?

Answer: We are pleased to report that in May 2014, the Administration for Community Living (ACL), a federal agency within the Department of Health and Human Services, issued guidance applicable to all ACL grantees concerning the federal government's policy on same-sex marriages. ACL will now to treat same-sex marriages the same as opposite sex marriages to the "extent reasonably possible." Important to note is that ACL will recognize a legal marriage, regardless of whether the individuals are domiciled or reside in a state or territory that does not recognize the marriage. This was motivated by the Supreme Court Decision in United States v. Windsor. The ACL's full Windsor-related guidance is available at: http://www.acl.gov/Funding_Opportunities/Grantee_Info/docs/Community_Living_Guidance.pdf

Babette B. Bach, Esquire Bach & Jacobs, P.A. 240 S. Pineapple Avenue, Suite 700 Sarasota, FL 34236 941-906-1231 941-954-1185 facsimile www.bachjacobs.com

Babette Bach, Esq. named a winner in Florida Super Lawyers list

Posted by Bach & Jacobs, P.A., Sarasota, FL

The awards keep pouring in!  For the 5th year in a row, Babette B. Bach, Esq. has been selected for the 2014 Florida Super Lawyers list.  Only 5% of Florida attorneys are chosen each year to receive this honor.  The 2014 Florida Super Lawyers & Rising Starts will be published in July.

Babette B. Bach, EsquireBach-Babette-B 0cdb4da1-a148-4aa4-af79-58499ab0ce6d
Bach & Jacobs, P.A.
240 S. Pineapple Avenue, Suite 700
Sarasota, FL 34236
941-906-1231
941-954-1185 facsimile
www.bachjacobs.com

 

 

 

How to Shop for Long-Term Care Insurance

Posted by Bach & Jacobs, P.A., Sarasota, FL

From NPR's Morning Edition today:

"One of the toughest money decisions Americans face as they age is whether to buy long-term care insurance. Many people don't realize that Medicare usually doesn't cover long-term care, yet lengthy assisted-living or nursing home stays can decimate even the best-laid retirement plan.
Not many elderly people get long-term care insurance. It's expensive and many hope their kids will look after them instead.

Long-term care insurance is a complex product that requires a long-term commitment if you're buying it. So how can you tell if this insurance is right for you?

To read or listen to the complete story, click here.

If you wish to discuss your options for long term care insurance, contact Board Certified Elder Lawyer Babette Bach, Esq.

Bach & Jacobs, P.A.
240 S. Pineapple Avenue, Suite 700
Sarasota, FL 34236
941-906-1231
941-954-1185 facsimile
www.bachjacobs.com

Impact of Divorce on Probate of a Will in Florida

Posted by Bach & Jacobs, P.A., Sarasota, FL

Question:  My father died shortly after he and my stepmother got divorced. I don’t think he updated his will after the divorce.  If his ex-wife was in the last will, does that mean she’ll inherit even after she got a divorce settlement?

Answer:    Unless the will or judgment expressly provides otherwise, if your father’s will provided for his then-wife, but they later got divorced, then those provisions benefiting the now ex-wife are void under Florida law.  In fact, the Florida Probate Code construes such a will as if the former spouse had died before the deceased spouse as of the date of the dissolution, divorce, or annulment of the marriage.  If your father designated your step-mother as his personal representative of his estate, you should look to the will to see if he appointed a successor personal representative.  If he didn’t, you may be able to petition the court to be appointed personal representative.  If someone you love has recently passed, contact Bach & Jacobs and schedule an appointment with one of our attorneys who can guide you through the probate process.

Babette B. Bach, Esquire
Bach & Jacobs, P.A.
240 S. Pineapple Avenue, Suite 700
Sarasota, FL 34236
941-906-1231
941-954-1185 facsimile
www.bachjacobs.com

Can a Foreign Guardian Manage an Incapacitated Person’s Property in Florida?

Posted by Babette B. Bach, Esq., Sarasota, FL

Question: Can a Foreign Guardian Manage an Incapacitated Person’s Property in Florida?

Answer: A foreign guardian is a guardian appointed in another state or country.  A foreign guardian may manage property located in Florida upon petitioning the Florida court for an order allowing them to manage the ward’s Florida property.   Managing the property would include any actions necessary to obtain, administer or dispose of real property, intangible property, business property, benefits and income according to §744.102 (12)(a) of the Florida Statutes.  The court may require an additional bond if the foreign bond is insufficient to cover the ward’s Florida property.

If you need assistance or information regarding a Foreign Guardianship, please contact our office for an initial consultation.

Babette B. Bach, Esquire
Bach & Jacobs, P.A.
240 S. Pineapple Avenue, Suite 700
Sarasota, FL 34236
941-906-1231
941-954-1185 facsimile
www.bachjacobs.com

Babette Bach Esq. named a winner in Florida Trend's Legal Elite 2014!

Posted by Bach & Jacobs, P.A.

Congratulations to Babette for being named a winner in Florida Trend's Legal Elite 2014! She will be featured in the July issue of the magazine.

Babette B. Bach, Esquire
Bach & Jacobs, P.A.
240 S. Pineapple Avenue, Suite 700
Sarasota, FL 34236
941-906-1231
941-954-1185 facsimile
www.bachjacobs.com

 

 

 

 

 

Do You Automatically Receive Medicare Part D If Approved for Medicaid in Florida?

Posted By Bach & Jacobs, PA

Q:  Do I automatically receive Medicare Part D if I am approved for Medicaid in Florida?

A:  Medicare Part D now pays for prescription drug coverage for all Medicaid recipients.  However, it is not immediate or automatic even if you are notified of Medicaid approval.  Upon approval of Medicaid, you must apply for a Medicare D plan, which will be paid for by Medicaid.  If you are moving into a facility, such as assisted living or nursing home, you should contact the facility to find out which Medicare D prescription drug plan they recommend.  For additional information and assistance, you can contact the Department of Elder Affairs SHINE program, which provides free unbiased insurance counseling to Florida seniors, caregivers, and family members regarding Medicare, Medicaid, and other health care issues.  The Elder Helpline is 1-800-96-ELDER (1-800-963-5337).

Attorney Sean M. Byrne to Present on Conservation Law at Paralegal Association of Florida

Posted by Bach & Jacobs, P.A., Sarasota, FL

Attorney Sean M. Byrne will be the guest speaker at the meeting of the Suncoast Chapter of the Paralegal Association of Florida, Inc. on the topic of land conservation law in Florida. The meeting will be held on April 14.  Byrne will present an overview of the federal and state laws governing conservation easements and identify the various financial incentives available to landowners who choose to conserve their land.  The presentation will also showcase some of the local success stories of conservation land transactions, including donations and purchases of conservation easements through Sarasota County’s Environmentally Sensitive Lands Protection Program.  Byrne represented Sarasota County in the acquisition of conservation easements across privately owned working ranches in east Sarasota County.   The presentation will give real estate lawyers options to provide landowner clients who are considering conservation as a part of their estate planning.

Sean M. Byrne, Esquire
Bach & Jacobs, P.A.
240 S. Pineapple Avenue, Suite 700
Sarasota, FL 34236
941-906-1231
941-954-1185 facsimile
www.bachjacobs.com

Do I Need a Lawyer to Help Me with my Medicaid Application?

Posted by Bach & Jacobs, P.A.

Q: When do I need an attorney or lawyer to help me with a Medicaid application?

A:  You should seek the help of a licensed attorney who is experienced in Medicaid planning to learn about your qualification for Medicaid under Florida law.  An advisory opinion has been submitted to the Florida Supreme Court that finds it constitutes the unlicensed practice of law for a nonlawyer to render legal advice regarding the implementation of Florida law to obtain Medicaid benefits.  While federal law authorizes nonlawyer assistance in the application process, it is not advisable for you to pay a nonlawyer give you legal advice about your qualification for Medicaid, to draft a personal service contract and to determine the need for, prepare, and execute a qualified income trust including gathering the information necessary to complete the trust.  Contact Babette Bach, a Florida Board Certified Elder Law Attorney, to set up an appointment to review whether you may qualify Medicaid. To learn more about the full opinion submitted by the Standing Committee on Unlicensed Practice to the Florida Supreme Court, click on this link to the Florida Bar website.

2014 Florida ICP Medicaid Figures for Skilled Nursing Care

Posted by Babette B. Bach, Esq., Sarasota, FL

Question: What are the new 2014 Florida ICP Medicaid Figures for Skilled Nursing Care?

Answer: Some ICP Medicaid eligibility figures for seniors in need of long term care are tied to inflation. The Centers for Medicare and Medicaid Services just released the 2014 figures:

Single Applicant Resource Allowance: $2,000

Institutional Spouse Resource Allowance: $2,000

Maximum Community Spouse Resource Allowance: $117,240
(Note a Florida primary residence and one vehicle are exempt assets)

Minimum Monthly Maintenance Needs Allowance: $1,938.75

Maximum Monthly Maintenance Needs Allowance (this is the maximum spousal diversion allowed): $2,931

If you need legal advice for Medicare or Medicaid planning, estate planning, probate and trust administration or VA benefits, please contact our office for an initial consultation.Babette B. Bach, Esquire, Board Certified Elder Law

Bach & Jacobs, P.A.
240 S. Pineapple Avenue, Suite 700
Sarasota, FL 34236
941-906-1231
941-954-1185 facsimile

Babette Bach Esq. will be a keynote speaker for the Healthsouth Rehabilitation Hospital of Sarasota at the 2014 Stroke Conference “Taking The Lead” in honor of National Stroke Awareness Month.

Posted by Bach & Jacobs, P.A., Sarasota, FL

Babette Bach Esq. will be a keynote speaker for the Healthsouth Rehabilitation Hospital of Sarasota at the 2014 Stroke Conference “Taking The Lead” in honor of National Stroke Awareness Month.

Ms. Bach’s presentation on “The New Medicaid and VA Benefits 2014” will take place from 12:45 – 1:45pm.

LOCATION: Healthsouth Rehabilitation Hospital of Sarasota, 6400 Edgelake Drive, Sarasota, FL. 34240.
DATE: Saturday, May 3rd, 2014.
TIME: 7:30am to 4:00pm.

To register for this conference, please call: 941-921-8795 or go online: www.healthsouthsarasota.com. Deadline for registration is April 26th, 2014.

Bach & Jacobs, P.A.
240 S. Pineapple Avenue, Suite 700
Sarasota, FL 34236
941-906-1231
941-954-1185 facsimile
www.bachjacobs.com

 

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