Ask the Expert: Medicare's 100-Day Rule vs. Long-Term Care

Published: Fri, 01/03/14



Ask the Expert: Your Elder Law Questions Answered by Evan H. Farr, CELA

Ask the Expert: Medicare's 100-Day Rule vs. Long-Term Care

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Q. My 71-year old father, Joe, had a stroke and was hospitalized for a week and a half. When he was discharged, he was moved to a rehabilitation facility for therapy, and Medicare has been paying for his therapy there for 2 weeks. When it comes to his in-patient therapy, what is covered and when does my father have to pay out-of-pocket? What if he comes home and receives outpatient rehabilitative therapy? Will it be covered by Medicare, as well?

Also, my dad gets sick often and falls a lot. What if something else happens and he needs to go back to the hospital and/or rehabilitation facility in the future? Does the Medicare benefit period "reset" annually or within a certain number of days? Lastly, when the care provided is no longer enough, how can we plan in case he needs long-term nursing home care in the future?

A. In your father's rehabilitation facility, Medicare will cover the cost of a semi-private room, meals, skilled nursing and rehabilitative services, and medically necessary supplies. Medicare covers 100% of these costs for the first 20 days. Beginning on day 21 of his stay, there is a co-payment of $152 a day (in 2014). This co-payment may be covered by a Medicare Supplement policy (also called a "Medigap" policy).

When it comes to rehabilitation services, Medicare works by "benefit periods" rather than on an annual basis like most health insurance. A benefit period is 60 days. If a break in skilled care lasts for at least 60 days in a row, this ends the current benefit period and renews his skilled nursing and rehabilitative services benefits for another 100 days.

Keep in mind that Medicare only covers "acute" rehabilitative care as opposed to custodial care. This means it covers care only for people who are getting acute rehabilitation and are likely to recover from their conditions, not care for people who need ongoing help with performing everyday activities, such as bathing or dressing.

You asked about home health care and whether it is covered by Medicare. It is, when:

It is under a "plan of care" ordered by a doctor.
He must receive the services from a home health agency that is approved by the Medicare program.
He may also get care in an adult day-care program that is Medicare approved and state certified to provide adult day care services.
There is a skilled need requiring frequent visits by either a therapist, LPN or RN.
The patient must be homebound, meaning it would be very difficult to leave the home during the period of recovery.

As part of the plan of care, aides may also be provided to help with occasional bathing, dressing, transferring, toileting, incontinence or feeding. Medicare part B may also cover certain durable medical equipment for home care such as bed rails, walker, etc.

More details can be found online at: http://www.medicare.gov/Nursing/Alternatives.asp

You asked what you should do if your father needs long-term care down the road. It is important to understand that Medicare, the public health insurance system for seniors over 65 and disabled adults, does not pay one penny for long-term care. Medicare only pays for medical care delivered by doctors and hospitals, and in certain cases short-term rehabilitation which might take place in a nursing home. In addition, when it comes to Medicaid, it gets very complicated to complete and file the application and, in most cases, it takes an experienced Elder Law firm, such as the Farr Law Firm, to help protect your assets first and then file for Medicaid.

Nursing homes in Northern Virginia cost $9-12,000 a month (less in Fredericksburg). To protect your family's hard earned money and assets from these catastrophic costs, the best time for your father to create his long-term care strategy is NOW. Generally, the earlier someone plans for long-term care needs, the better. But it is never too late to begin preparing. Even if your were father were already in a nursing home receiving long-term care, it would not be too late to do Long-term Care Planning, also called Lifecare Planning and Medicaid Asset Protection Planning.

If you have a loved one who is nearing the need for long-term care or already receiving long-term care or if you have not done Long-Term Care Planning, Estate Planning or Incapacity Planning (or had your Planning documents reviewed in the past several years), please call The Fairfax and Fredericksburg Long-Term Care Planning Law Firm of Evan H. Farr, P.C. at 703-691-1888 to make an appointment for a no-cost consultation.
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Are there any Apps Available to Help Me Keep my New Year's Resolutions this Year?

Dear Commander Bun Bun,

I made three New Year's resolutions this year, including eating better, exercising, and meeting with Mr. Farr to do our estate planning. Unlike New Year's resolutions in the past, I want to make sure I actually keep these. I am pretty technologically savvy and don't leave home without my iPhone and/or tablet. Are there any apps available to help me to keep my New Year's resolutions this year?

Thanks and Happy New Year!

Ken U. Helpp

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Dear Ken,

You've come to the right place. I am not just adorable. I too am tech savvy! There should be more apps for bunnies like me, but since there are not, here are three free apps that can guide you in your quest to keep your New Year's resolutions in 2014:

Mynd: You won't forget anything with this calendar app! It is like a personal assistant in that it helps start each day by showing the current weather forecast, your number of commitments, and locations for each meeting or appointment. It also syncs with your GPS, tells you when you need to leave for an appointment, and even lets you know if you are likely to encounter traffic. So when you sign up for one of our seminars or make an appointment for a no-cost consultation with Mr. Farr, you can put it on your Mynd calendar and will surely not forget or encounter any traffic on the way!
Lift: Whether your goal is to join the gym or lose weight, this daily motivation app will give you just the nudge you need to succeed. You can create your own resolution or search through ones created by others, such as "Six weeks until college reunion" or "Make appointment with Mr. Farr." Lift tracks your progress and lets you connect with friends to track theirs too. The app also lets you schedule reminders and check off a task once it is completed.
Yummly: Yummly lets dieters scroll through photos of delectable-looking dishes and cocktails and collect healthful recipes based on their tastes, allergies and other preferences. For instance, you can set filters that will only display vegetarian or gluten-free recipes or dishes that require no more than 20 minutes to prepare. More than 1 million recipes are available.

If you decide to use Mynd or Lift, we will surely see you in the office soon! (Don't forget to call us at 703-691-1888 (in Fairfax) or 540-479-1435 (in Fredericksburg) to make an appointment for a no-cost consultation!) If you use Yummly, don't forget to find a recipe for a carrot cake (it's my favorite!)

Best wishes for a Hoppy New Year!

C. Bun Bun

About Commander Bun Bun

Commander Bun Bun is a year-old Holland Lop rabbit that belongs to Grace Everitt, one of our Asset Protection Paralegals at the Farr Law Firm. In the past, Grace used to raise rabbits for pets and show in Florida, and Commander Bun Bun was the runt of her last litter. As a baby, Commander Bun Bun's mother accidentally bit off her tail and then stopped feeding her. After being hand-reared by Grace, she is now a completely happy and healthy little bunny. Commander Bun Bun loves to be held like a baby and to have her tummy rubbed. You can often find her resting under Gracie's printer table. She enjoys all of the attention (and, of course treats) she gets from staff and friendly clients at the firm. We encourage you to visit us and meet her and our other extraordinary critters!

Find Us

Upcoming Events

All Fairfax events are at The Law Firm of Evan H. Farr, P.C., 10640 Main Street, Suite 200, Fairfax, VA 22030, and all Fredericksburg events at at 501 Westwood Office Park, Fredericksburg, VA 22401 from 10 a.m.-12 p.m. RSVP today! We hope to see you there.

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Note: Our next Living Trust Plus: How to Protect Your Assets from the Expenses of Probate and Long Term Care seminars are on January 7,16, 21, or 30 in Fredericksburg and Saturday, January 11, February 8 or March 8 in Fairfax. View the calendar of upcoming seminars and sign up here.
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