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Home » Elder Law » Emergency Medicaid & Nursing Home Planning

Emergency Medicaid & Nursing Home Planning

Nursing home planning is not something most people want to consider, because many people do not want to end up in a nursing home as they age. The reality, however, is many people do end up requiring care in a nursing home, either temporarily due to an illness or injury or permanently at the end of their life. When nursing home care becomes necessary, it can be very costly and can have a profound impact on the person who enters a nursing home as well as on that person’s family members.

Creating a nursing home plan in advance allows the nursing home resident to have more autonomy, and it spares the resident and family members from making difficult decisions when an emergency situation arises. Nursing home planning also makes it possible to protect a legacy by getting the costs of custodial care in a nursing home covered.

Frank & Kraft is experienced in helping clients of all ages to make plans for what happens if nursing home care is required. The sooner you begin planning, the more protections you can take advantage of by making effective use of legal tools. Contact an Indianapolis nursing home planning lawyer today at (317) 684-1100 to find out more about the ways in which we can assist you and to get answers to general questions including:

  • What is involved in nursing home planning?
  • When should you start nursing home planning?
  • How can an Indianapolis nursing home planning lawyer help?

What is Involved in Nursing Home Planning?

Nursing home planning involves taking steps to make sure you can pay for a nursing home if you or your family needs one. It also involves making sure the right nursing home care setting is chosen and the resident’s rights are respected when entering into a nursing home.

Nursing homes can cost more than $100,000 per year, with substantial extra costs incurred if you are going to be in a private room or if you need specialized help like dementia care.  There is no way to get these costs covered by most insurance policies. Medicare pays only for skilled nursing care when it becomes necessary, not the custodial care which most people get in a nursing home setting. Private insurers generally have similar policies and similar exclusions.   Without insurance, paying out-of-pocket is one of the only options.

Another option, however, is to try to get Medicaid to pay for a nursing home. Medicaid provides benefits including full coverage for nursing home custodial care, but only if you have a low income and limited resources. With a lifetime of saving and acquiring property, a lot of seniors have too many resources to get Medicaid when needed for nursing home coverage. With advanced planning, however, resources can be protected and kept safe and a patient can qualify for Medicaid much more quickly.  

Nursing home planning should also involve researching nursing homes, and reviewing nursing home paperwork to make sure your rights are protected in the home environment. Some nursing homes have arbitration clauses in their admissions paperwork, which can prevent an abuse victim from suing and make arbitration the only option for recovering compensation for elder abuse.  Frank & Kraft can help you to review paperwork, understand patient’s rights, and find out details on nursing home citations and other problems which could indicate substandard care.

When Should You Start Nursing Home Planning?

Nursing home planning should start when you are still young and healthy, so you are prepared if care is ever needed.  Making plans to get Medicaid to cover care also must start very early because Medicaid looks back five years to see if any resources were transferred. If they were (which they must be to protect them as part of Medicaid planning), you’ll be disqualified for a time. Since you don’t want to miss out on Medicaid coverage when you need it, you want your plan in place early.

How can an Indianapolis Nursing Home Planning Lawyer Help?

Frank & Kraft is an elder law firm focused on meeting the needs of seniors, their families, and people of all ages who want to plan for the future. We understand the importance of nursing home planning and will work with you to develop a comprehensive plan that makes full use of all available legal tools. Nursing home patients deserve the full protection of the law and deserve to be able to protect their legacies. We help to make that happen.  

Give us a call today at (317) 684-1100 or contact us online to find out more about the assistance that we can offer in making an advance plan in case nursing home care becomes necessary. We not only assist with planning to maintain financial and personal security when going into a nursing home, but we also help residents and their families to respond to emergencies that require nursing home care. Contact us now to find out more.

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