OPEN LETTER TO OUR LEGISLATURE

Posted on January 30, 2010 by Rajiv Nagaich

I write to you with grave concerns about DSHS's request to shirk its responsibility by having HB 3049/SB 6717 being considered by the legislature for adoption. HB 3049/SB 6717 effectively ask the legislature to pass retroactive laws to disallow DSHS clients, who were illegally denied benefits in the first place, the opportunity to collect those past benefits.

I have some such clients whom I serve as an elder law attorney. These clients are old and/or disabled and do not have much of a voice, other than yours. DSHS first denied these clients benefits and when caught is asking the legislature to retroactively limit the payout to no more than 90 days.

The only reason DSHS got caught is because I and other attorneys took their case pro bono and won at the Supreme Court level. (See Jenkins v. DSHS, 160 Wn.2d 466, May 3, 2007). I have no financial motive to advocate for this position other than seeing to it that the clients who won a victory in court should not be let down by the legislature because the client has still not been paid back the benefits owed.

I understand the budgetary constraints, but it is a shame that DSHS would resort to have their problems covered on the backs of those who are broken and beat down to begin with. Let them get rid of the significant management fluff they have and support amongst their ranks to manage costs instead of wasting time on such efforts.

I will also share with you my utter disgust by the presentation made by DSHS representatives to the House committee suggesting that the bill is only a technical correction and nothing more. Not only do I differ in that position, but think it is outright fraud on part of DSHS not to disclose that the real purpose behind the bill is to shirk on its duty to pay benefits that it wrongfully denied in the first place.

The old and disabled are counting on you to prevent this injustice.

Best regards, 

Rajiv Nagaich
 

Tags: , , ,

How Can I Get My Mom the Aid She Needs?

Posted on January 14, 2010 by Rajiv Nagaich

My mother is 79, and she just recently moved up here, the problem is, she cannot walk, and she needs 24-hour care. Does she have to spend all her money before Medicaid will help her out?

 The short answer is No. If you were to go down to DSHS and say, “I have my mom, she is unable to take care of her own needs, and she needs some assistance.” They will provide help, but only if she has no more than $2000 to her name. That is the general rule.

But just like estate taxes, there are ways to do planning around the whole thing. In order to get to that $2000 level, she does not necessarily have to spend the rest of her money on nursing homes, medication, etc. The first questions that need to be asked of yourself are: What are the issues she is dealing with? & What is the least restrictive setting in which her needs may be met?

You need to discuss these options with a Care Manager as well as possibly set up a planning opportunity that allows her to protect some of her wealth, 30%-50%, and become eligible for Medicaid.

 

Tags:

Is the Advantage plan a Good Choice?

Posted on January 12, 2010 by Rajiv Nagaich

Right now, I have Part A and Part B plus AARP Medigap, will the Advantage Plan supplement what I already have? Also, is it difficult to change over to the Advantage Plan and is it expensive?

 The Advantage Plan is a different plan altogether, it has to do with hospital and doctor bills, Part A and Part B, the Advantage Plan replaces Part A and Part B and says that you have no reason to go ahead and buy these separate parts, Part A and Part B, you can just come to us and we will go ahead and cover both doctors and hospitals. 

Talk to your doctor, and see which plan your doctor will accept. If you are happy with your doctor, and he will continue to stay with Part B throughout the next year, I would suggest you stay with Part B at this stage. But if your doctor is not so sure, then you may have a reason to look at the Advantage Plan.

 The Advantage Plan is not very expensive, but the enrollment period starts now, in January, but you can pre-enroll earlier.  If you start in January, your benefits will start as early as July.

 

Tags: