Arizona Senior Law Blog

CSMIA- New Eligibility limit for 2014

Conceptually speaking, ALTCS members must pay what they are able towards their cost of care. This amount is referred to as the “share of cost.” For single ALTCS members residing in a facility, the share of cost typically amounts to the member’s total monthly income, less a personal needs allowance and the cost of health insurance premiums. Married applicants, on the other hand, utilize a formula that provides for a spousal allowance designed to protect well-spouses from impoverishment. This allowance is referred to as the Community Spouse Minimum Income Allowance (CSMIA). Effective July 1, 2014, the CSMIA increased to $1,967.

Breaking Down the Affordable Care Act

Our latest Arizona Republic article in the weekly Aging and the Law column can be found below. Our column runs every Friday in select Arizona cities. Q: I keep reading about how Governor Brewer is at odds with state legislators because she helped expand Medicaid under the Affordable Care Act.  However, I also read that Arizona did not create a health insurance exchange, which I thought was fundamental to the Affordable Care Act.  Can you help me make sense of this? The Affordable Care Act is a very large piece of legislation with multiple goals, including expanding insurance coverage and

When to start planning for ALTCS

Our latest Arizona Republic article in the weekly Aging and the Law column can be found below. Our column runs every Friday in select Arizona cities. Q: A couple of weeks ago, my father suffered a fairly severe stroke.  After a brief hospitalization, he was transferred to a skilled nursing facility for rehabilitation.  He is making strides in his therapy, but we don’t know if he will fully recover.  Without this knowledge, how can I determine when to prepare for the ALTCS program? I am assuming that your father’s care is currently covered by Medicare.  By design, however, Medicare covers

Expansion of Medicaid

Our latest Arizona Republic article in the weekly Aging and the Law column can be found below. Our column runs every Friday in select Arizona cities. Q:  I have read about Governor Brewer’s decision to expand Medicaid under the Affordable Care Act.  I understand that state legislators are trying to bring a lawsuit in an effort to undo Arizona’s expansion of Medicaid.  Can you explain what would happen if Arizona did not expand Medicaid? The Affordable Care Act was not drafted to give states an option as to whether they would expand Medicaid.  Rather, after a challenge to the law,

ALTCS and Small Money Transfers

Our latest Arizona Republic article in the weekly Aging and the Law column can be found below. Our column runs every Friday in select Arizona cities. Q: Over the last several years, my wife and I have given our children various gifts, totaling about $20,000.  Due to health concerns, we recently decided to move my wife to an assisted living community, where she can receive the care that she deserves.  I have done a little reading about the ALTCS program, and I am afraid that the gifts we have given will give ALTCS cause to refuse coverage to my wife. 

Eviction from an Arizona care facility

Our latest Arizona Republic article in the weekly Aging and the Law column can be found below. Our column runs every Friday in select Arizona cities. Q:        My mother has lived in a care facility for several years now, a living arrangement which has carried a substantial price tag.  Last month, we spent close to the last of her funds on her care bill, and we are concerned that the facility at which she resides will evict her for nonpayment.  Are there any laws that protect my mom in this horrible situation? Without having more facts, the answer to your

Our latest Arizona Republic article in the weekly Aging and the Law column can be found below. Our column runs every Friday in select Arizona cities. Q: At only 66 years of age, my husband had to move to an assisted living community where he could receive care for early onset Alzheimer’s disease.  To make ends meet, he applied for ALTCS, which now covers most of his monthly care costs.  As part of that process, I learned that his eligibility was contingent upon me having no more than a certain amount of resources.  Now, several years later, I want to

What To Do When Someone Passes Away

Our latest Arizona Republic article in the weekly Aging and the Law column can be found below. Our column runs every Friday in select Arizona cities. Q: As much as I dislike thinking about it, my mother’s mortality is becoming increasingly apparent.  I have learned that it is best to be prepared for events for which there is a fair amount of certainty.  With this end in mind, can you provide me with an overview of what I need to handle when mom passes away? You are very wise to seek counsel on this situation before it actually arises.  The

Share of Cost for Young ALTCS Applicant

Our latest Arizona Republic article in the weekly Aging and the Law column can be found below. Our column runs every Friday in select Arizona cities. Q: My neighbor recently suffered a tragic accident, as a result of which he has been hospitalized for coming up on a month now.  His wife has expressed concern that he might require long-term care in a skilled nursing facility.  I have read this column before, and I understand that the ALTCS benefit covers long-term care, but that there is a co-pay associated with this coverage.  Can you offer some additional insight on this,

Our latest Arizona Republic article in the weekly Aging and the Law column can be found below. Our column runs every Friday in select Arizona cities. Q:        I have a medical condition for which there are multiple treatment approaches available.  There are doctors who have advised surgery, but I want to forestall this for as long as possible, despite the promptings of my son, who happens to be my only living relative.  As it now stands, I do not have a medical power of attorney, for fear that my son would consent to the operation if I appointed him as

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