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Resources from the Law Office of John L. Roberts


Nursing Home Costs!

Private Pay Nursing Home Costs:
Take Control of the Circumstances and
Protect Your Life Savings.

By Attorney John L. Roberts

You have worked a lifetime to provide for yourself and for your family. Without a plan for care, your life savings could be quickly wiped out if admission to a nursing home becomes unavoidable. Our step - by step planning services will coordinate all of your resources and protect your assets. If a nursing home admission is needed immediately, we provide objective information on how these resources can work together, and how you can get benefits NOW.

The cost of nursing home care can be a shock to families that are suddenly confronted with the need to place a loved one in institutional care. Compare the room rates you pay privately with the Medicaid average daily costs of nursing home care listed in the drop-down box on the bottom of this page. Since Medicaid room rates are often lower than private pay rates, nursing homes may have no incentive to transition a private pay patient to Medicaid. You cannot rely on the nursing home business office to analyze your assets and find the best solution for payment. It's not their responsibility.

If you are in the midst of an immediate crisis, or you want to plan in advance to avoid a crisis, call 567-5600 for a long term care planning appointment. Get professional planning advice, and understand all of the options, including Medicaid eligibility.

COMPARE THE APPROACHES TO ELDER CARE PLANNING:
Medicaid Planning and Elder Law Counsel:
NO Medicaid Planning and Elder Law Counsel:
Protect assets, see all your options, and cover the costs of nursing home care. Read more.

Don't rely on nursing home business office to manage your finances.There are many ways to protect and provide for a person who needs nursing home care:

Trusts that protect you home and other assets from being counted by Medicaid during your lifetime, and then transfer those assets to your children upon death, without the need for probate proceedings.

Trusts that build a bridge over the 5 year ineligibility period imposed on asset transfers by the Medicaid long term care rules

Annuities that provide benefits to your spouse or loved ones

At home care resources, including services paid for by Veterans benefits and other sources

Real estate deeds that protect the equity of your home or income producing property

Long term care insurance that protects your home equity and provides flexibility for care at home

Caregiver contracts that protect family relationships and preserve assets.

Springfield widow pays thousand$ to settle nursing home collection lawsuit. Read More.

Widow sued for husband's care costsJanuary, 2010 - Springfield widow decides to pay nursing home an undisclosed amount of cash, two months after a Hampden County Superior Court judge rules Massachusetts law makes spouses jointly liable for nursing home care. Read Superior Court's Summary Judgment Decision.

The elderly defendant had hired a company recommended by the nursing home, to handle the Medicaid application for her husband, who is now deceased. Read Widow's Statement of Evidence.

Her own capacity to cope with the situation was failing when she hired the company, and Medicaid would have paid her husband's nursing home bill if the situation had been handled differently! The company she hired prepares MassHealth long term care applications for nursing home business offices who refer residents.

The elderly defendant never obtained independent elder law counsel to manage the situation. She never got the Medicaid eligibility her husband needed for the nursing home bill.

The widow moved to assisted living, and the nursing home took thousands of dollars that could have been used to pay her assisted living rent. Nursing home attorney interviewed in Mass Lawyers Weekly.

An independent elder law attorney can explain how you can avoid bad results, and protect your future. Most married couples can keep their assets, AND obtain Medicaid coverage when only one spouse needs the nursing home care. Additional Medicaid regulations protect people in many other difficult situations. Call (413) 567-5600 to make an immediate appointment

Are You Signing Up to be a "Responsible Party?"

Feelings of fear and helplessness can be compounded by the stack of papers that the nursing home hands you upon admission to the care facility. Among the papers that people are often asked to sign are arbitration agreements, and statements declaring a family member to be a "responsible party." However, Federal and state laws say that nursing homes can not require family members to sign guarantees of payment for care. Only the assets of the person who is receiving care are subject to private payment requirements.

The Federal laws say that a nursing home cannot “require a third party guarantee of payment to the facility as a condition of admission (or expedited admission) to, or continued stay in, the facility.” 42 USC §1396r(c)(5)(ii).

Massachusetts regulations also protect you and your family. The Long Term Care Facilities Regulations from the Massachusetts Attorney General say that it is unfair and deceptive for a nursing home: “to require a resident or a prospective resident, his/her legal representative or next of kin, as a condition of admission, expedited admission, or continued stay in the facility, to provide a third party guarantee of payment to the facility.” 940 CMR 4.40(1). Remember, there are many laws and regulations that protect you and your loved one. Read More in our Presentation: Putting the Pieces Together Before, During and After a Nursing Home Admission.

To avoid costly mistakes, and get control of your situation, call (413) 567-5600.
Download our Long Term Care Planning Organizer for Married Couple or Single Individual

Click for History of Medicaid Average Daily Nursing Home Costs in Massachusetts:

Currently since May 1, 2009
$274 per day or $8,220/month

May 1, 2008 - April 30, 2009
$267 per day or $8,010/month

March 1, 2007 - April, 2008:
$256 per day or $7,680/month

Nov. 1, 2006 - March, 2007:
$246 per day or $7,380/month

Feb.1, 2005 - Nov. 1, 2006:
$232 per day or $7,192/month
These are rates estimated
by the Division of Medical Assistance.
Privately paid nursing home rates
may be higher.

Click for Links to Information on What to Look for in a Nursing Home: