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For the past three years, tens of millions of Americans on Medicaid did not have to worry about losing their coverage. Early in the pandemic, Congress passed a law preventing states from removing people from Medicaid. This was key to the historically high Medicaid enrollment and record-low uninsured rate in the U.S. last year.
With the COVID-19-era rule expiring on March 31, 2023, people on Medicaid will have to re-qualify to keep their coverage. Starting April 1st, states can resume dropping people from Medicaid if they don’t meet the eligibility guidelines. Estimates suggest 15-18 million nationwide could lose Medicaid coverage in the coming months. That includes nearly 7 million still eligible but facing barriers completing their paperwork on time, according to Health and Human Services projections.
Renewals and terminations won’t happen all at once. Most states are planning on rolling this change out over a 12-to-14-month period. Starting in Spring 2023, New York State will resume eligibility reviews and renewals for people enrolled. It will take time for New York to process everyone, so you may still have coverage even after April 1st. This means, even if you’re deemed ineligible for Medicaid, you might not be dropped right away.
All New York Medicaid recipients will receive a renewal packet by mail to request information to assess eligibility for re-enrollment. This will include completing documents requiring verification of income and assets. All applicants must respond to the renewal packages. If these documents are not submitted on time or if the recipient is found ineligible, Medicaid could be terminated. Now is the time to prepare for your Medicaid recertification. The experienced Medicaid legal team at Tully Law Group can help you with the recertification process to make sure accurate information and deadlines are met for submission. We are closely monitoring the latest legislative changes and other critical legal issues impacting Medicaid eligibility for seniors in New York.
Please know that if you’re a Life Care client of ours, all you have to do is contact us when you received the notification and we’ll take care of the rest.
1. Make sure your address is up to date with NYS Medicaid and contact us when you receive the recertification package.
2. Stay Informed! Sign up to receive the latest updates on news and changes that may impact your coverage.
o Sign up for our Tully Law Group's e-newsletter (ADD link)
o Follow social media accounts
3. Don’t Panic! Remember, New York plans to restart its renewals in the Spring of 2023 and it is estimated that this process will take 12-14 months.
4. Take Action by Being Prepared!
It’s difficult enough to save an inheritance for our children and loved ones so why force them into court before they can receive it? Probate fees for the court, the lawyer and even the genealogy company can threaten to take large portions of your estate. In addition, Probate forces a lengthy waiting period, a loss of privacy and creates significant stress before they can even access their inheritance.
There are several methods to avoid the probate quagmire so that you can save money, time and stress! Let’s look at the most common ways you can implement immediately.
You may not realize this, but most of our valued assets can be assigned beneficiaries. Instead of keeping your accounts in your name alone, which forces them through your Will and Probate, you can name beneficiaries on your bank accounts, life insurance, retirement plans, investments, and other assets to be automatically distributed.
You can name beneficiaries by requesting a form from your bank or financial institution that will then allow the asset to be dispersed upon your death. Keep in mind that naming a beneficiary may not always be appropriate based on the asset and the person you’re naming as the beneficiary so it's best to do this in conjunction with an experienced financial advisor or estate planning attorney.
In addition, if you have real estate or other financial accounts that you wish to keep out of probate, you can name a joint owner. This could be a significant other, spouse, child or other loved one. This process is best done when initially purchasing real estate but can also be accomplished even if you already own it. By naming a joint owner with rights of survivorship, you allow the other owner to receive the property automatically upon your passing. Again, however, there is a caution in that this joint owner will have ownership rights if its land and access rights if its a financial account so selecting the right person is crucial.
A Trust entity is created by a written agreement that is a “Will-substitute” and can own and manage your property and assets. It’s managed by a trustee and contains terms about lifetime use of the property and the ultimate distribution after passing away so that a probate proceeding won’t be required. There are various benefits and reasons to utilize a trust and it should only be implemented with an experienced estate planning or elder law attorney and as a part of a comprehensive estate plan.
As elder care and estate planning attorneys, you’d be amazed at how often our client conversations revolve around a client’s health, finances, and relationships. In fact, that’s what estate planning is all about. Helping a client establish an estate plan has everything to do with a client’s family, the assets to be inherited, and ultimately their aging, health, and even mortality. So let’s add one more small resolution to help ourselves and our loved ones – establish or review your estate plan this year. It’s a simple phone call to us, and we’ll help take care of the rest. This will help you organize your life and finances and give you peace of mind knowing that you’ve provided for your loved ones and made their lives simpler.
February 1st marks the beginning of Black History Month. In honor of this month-long celebration, Tully Law Group has gathered a list of events happening around Long Island.
Sunday, February 5th, 2023
1pm-3pm
$4 Admission
Sunday, February 5th, 2023
1: 30 pm
($4 entry fee)
Saturday, February 11th, 2023
3pm-5pm
The event is free but you can reserve your spot below.
Saturday, February 11th, 2023
10:00 am
($4 entry fee)
Wednesday, February 15th, 2023
6pm
Learn about “African American mariners in whaling history”. This event is free but you can reserve your spot below.
Saturday, February 18th, 2023
1:30pm-3:30pm
Saturday, February 11th, 2023
3 PM-5 PM
($10 entry fee)
Friday, February 24, 2023
10:00 AM - 11:30 AM
February is National Senior Independence Month! In the aging community, losing your independence is a common fear. The loss of independence can result in reduced self-worth and respect, which makes it crucial to help aging individuals maintain as much control over their lives as possible. This month celebrates the independence our senior community deserves and the necessary resources that help make this happen.
In honor of National Senior Independence Month, Managing Partner Brian Andrew Tully, Esq. hosted a webinar as a part of Tully Law Group's monthly Senior Advocacy Forum, this one titled “The Top Ways to Maintain Senior Independence.” Brian was joined by three panelists: Stuart B. Almer from Gurwin Healthcare Sytems, Don Belcher from 101 Mobility, and Jim Day, CDI from Fitzgeralds Driving School. The topics were focused on helping seniors live more independently based on their lifestyle, abilities, and personal preferences.
For more details on the webinar, see below:
Title: Senior Advocacy Forum: The Top Ways to Maintain Senior Independence
Date & Time: Thursday, Feb. 9th at 1 PM
Moderator: Brian Andrew Tully, Esq.
Panelists: Stuart B. Almer from Gurwin Healthcare Sytems, Don Belcher from 101 Mobility, and Jim Day, CDI from Fitzgeralds Driving School
Tully Law Group is proud to announce that managing partner & founder Brian Andrew Tully has been elected President of the Life Care Planning Law Firm Association (LCPLFA). Brian has been an active member of the LCPLAFA since 2009. During this time, he served on the Board of Directors twice. Most recently, Brian was the Chair of the Strategic Planning Committee.
The LCPLFA is the first and only association that empowers law firms focused on the growing field of elder care. This national network is renowned for its holistic practice in offering care coordination, advocacy services, and other legal services. With a primary focus on advocating for quality elder care, they also raise public awareness about the financial, physical, and legal implications that come with the process of aging.
Congratulations, Brian! We wish you well in this new venture.
MELVILLE, NEW YORK, JANUARY 11th, 2023: Tully Law Group, P.C. is proud to announce the addition of three new partners to the firm. This news represents Tully Law Group’s expansion within the Long Island marketplace to provide legal services focusing on Elder Care & Estate Planning.
The new partners are a combination of one attorney promotion within the firm, Amy N. Latuga, and two new attorneys who commenced their tenure this month, Joanne M. Hawthorne and Robert M. D’Angelillo.
Amy N. Latuga – Amy has been promoted to Partner and has been a valued attorney at Tully Law Group since 2013. She has been serving clients of the firm as Senior Associate and Director of Planning within the firm. She represents clients in the areas of estate planning, Medicaid eligibility, asset protection and special needs planning. Her tenure with the firm has proven to be successful and has earned her great respect from the firm’s clients and colleagues.
Joanne M. Hawthorne - Joanne has joined Tully Law Group as a Partner in our Riverhead office. For over 20 years Joanne has been practicing law focusing on Estate Planning, Probate and Guardianship. She has been selected by the prestigious New York Metro Super Lawyers and named to their Estate Planning and Probate lists since 2020.
Robert M. D’Angelillo - Robert joined the firm as a Partner in our Melville office. Robert has been practicing Trusts & Estates and Elder Law for 30 years. Throughout his career, Robert has conducted informational estate planning and elder care seminars for community groups, assisted living facilities, veteran clinics and special needs organizations, providing guidance to help families protect the most assets and obtain the best care possible.
“Naming these three outstanding lawyers as partners is a great honor for me and Tully Law Group” said Brian A. Tully, managing partner and founder. “They all have impressive careers that help strengthen the firm’s reputation of providing exceptional legal counsel within the Elder Law and Trusts & Estates practice areas.”
The start of a new year is the perfect time to focus on improving certain aspects of our lives for the better. With the last few years being a struggle for so many, it’s even more important than ever to create uplifting and helpful goals for 2023.
New Year’s resolutions don’t have to be complicated. In fact, the more attainable, the better! Focusing on your health and making daily tasks more manageable is an excellent place to start. Here are some of the best 2023 resolutions that seniors should consider and can start immediately.
Focus on organizing and decluttering your living space. An important resolution is increasing safety in your home by reducing hazards that may cause slips and falls. Installing handrails and additional lighting can help for more clear paths of movement and reduce the chance of injury.
It is essential to have your finances organized. Knowing which financial institutions have your accounts, the balances, types of accounts, titles and who the primary and contingent beneficiaries will add to your financial security and peace of mind. Adequately managing and allocating your finances can reduce unnecessary stress for seniors.
Inquire with loved ones and a trusted attorney on how to protect your assets. Asset protection can possibly include a modified Power of Attorney and Trusts. Also, be aware financial abuse by others and of potential scams when surfing the internet, checking emails, and receiving phone calls.
Check in with your healthcare provider and keep up to date on appointments, required doctor’s visits and tests. It is also very helpful to create an inventory of all current prescriptions and dosages that you may be taking. This can ensure your safety as your health is monitored and medications are changed.
Take time to ensure you replenish your mind and body with seven to nine hours of sleep. Increase your activity by taking a walk and nourish your health by drinking water and eating foods rich in nutrients to help boost your immune system.
Increase socialization among others in your age group. Join new clubs and activities in your local community to make new friends. As you welcome in the New Year, try a new hobby to engage your mind!
Focus on strengthening bonds with family members and loved ones. Spend time with the ones who mean the most to you and that you cherish as your support system.
Don’t overcomplicate your New Year’s resolutions. As long as your goals focus on positive aspects in your life, you’re already on the right track. Keep your resolutions simple and good luck in 2023!
As elder care and estate planning attorneys, you’d be amazed at how often our client conversations revolve around a client’s health, finances and relationships. In fact, that’s what estate planning is all about. Helping a client establish a Will or a Trust has everything to do with a client’s family, the assets to be inherited and ultimately their aging, health and mortality. So let’s add one more small resolution to help ourselves and our loved ones – establish or review your estate plan this year. It’s a simple phone call to us and we’ll help take care of the rest. This will not only help you organize your life and finances but it will also give you peace of mind knowing that you’ve provided for your loved ones and made their lives simpler.
January 1, 2023. Melville, NY: Tully Law Group, PC is proud to announce the change of its brand "Tully Law Group - Elder Care Law" to include our Estate Planning practice area with the new brand name "Tully Law Group - Elder Care & Estate Planning. The new brand is part of our expansion within the Suffolk County, Long Island marketplace, with a new office located in Riverhead and the recent recruitment of two new partners to provide both Elder Care and Estate Planning equally for our clients.
For over 25 years, the firm has focused on helping our clients provide for their loved ones through creative estate planning, protecting their assets from financial risks and helping them to maintain their peace of mind and family relationships as they age. For more information, please explore our services to better understand how we can assist you and your family.
Deciding to start elder care for your loved one can be scary and nerve-wracking, particularly in a post-COVID-19 world. Senior care facilities in New York State were hit hard during the pandemic, and nursing homes received an unfavorable reputation for handling unprecedented events.
Thankfully, we’ve learned a lot over the last few years about COVID-19, and nursing homes have worked hard to reform their policies. Many nursing home facilities excel at providing quality care and implementing effective safety practices to keep residents safe at all costs. Still, we understand the idea of a nursing home can be stressful– it’s a life-changing event for you and your loved one.
While nursing homes serve a purpose and can be the right choice for individuals at certain stages of life, there are many options for senior care in New York that could also be a good fit. Elder care services have expanded considerably over the years, offering many ways to support individuals with various levels of care.
Understanding the different services and how to create a care plan when you choose one is the first step to considering the best care option for your loved one.
While it may have been true in the past, nursing homes are no longer the only option for long-
term senior care. Elder care services have expanded considerably over the years, and knowing your options is helpful before making crucial long-term care decisions.
When looking into elder care, leaving home behind is often the most significant stress factor for seniors. If this is a concern for your loved one, and they can still live safely and independently in many ways, a home care company may be a great first option. These services are designed to support individuals in their homes, helping them with activities of daily living (ADLs), staying safe and active in their neighborhood, and helping to provide or schedule as needed services.
Individuals who are entirely independent and need less space and more socialization may be perfect for independent living communities. These complexes or neighborhoods are generally made up of apartments, condos, or small free-standing homes with easy upkeep. Rent includes a variety of amenities– trash, emergency aid, meal programs, wellness centers, snow removal, etc.– and is the one step before assisted living.
Seniors who can no longer live independently safely and require a bit more care are great candidates for assisted living facilities. Your loved one may be ready for one of these communities if they don’t require a high level of care but need more assistance with cooking, driving, personal hygiene care practices, or going on social outings.
Residential Care Homes, or Board Homes, are structured along the lines of a group home for adults who require live-in assistance and the company of others. The services will vary depending on each resident’s needs. A weekly staff is available to help with everyday ADLs and transport residents to recreational activities. Depending on their medical, psychological, and emotional needs, each resident may also be assigned additional providers and support.
Individuals who suffer from dementia or memory loss need specialized care that is often different from others in the aging population. Dementia Care and Memory Services are typically provided in a protected community with private to semi-private apartments. The concern in these establishments is to protect residents from wandering into unsafe situations in the community and to provide 24-hour care from professionals well versed in the patterns of elders with these types of degenerative conditions.
Sometimes your loved one needs short-term care or day programs to keep them active and functioning. There are two types: Adult Day Programs and Short-Term Stay Programs. Day programs generally focus on socializing and keeping individuals active and healthy throughout the day. Short-Term Stay Programs are a little more involved, providing short-term assisted living until your loved one is ready to move into a new home or back to their original residence.
Nursing homes are long-term care facilities that provide the highest level of care. They offer all
levels of support, from scheduled activities to meals to personal hygiene to medical and all other care. Individuals who are disabled or require 24 hours assistance would benefit from a nursing home environment. There are 5-star nursing homes out there that want nothing more than to take care of your loved ones and provide them with the best quality of life. Research each facility, read reviews and talk to family members of current residents for insight into each facility near you.
Hospice is generally the most comfortable and supportive service available when your loved one has reached the moment of needing only end-of-life care. This care option may be at home or in a facility and focuses on helping your loved one find relief in their final days while also supporting the family emotionally. These services are typically utilized by individuals with fatal diseases and incurable illnesses, whose last steps are to seek comfort and peace.
Creating a care plan ensures your loved one's needs are met in whatever elder care setting you choose and that all concerns are addressed with timely and high-quality actions. Plans can cover daily tasks, services, social visits, medical treatments, and whatever else they need. A care plan not only keeps everyone in the family on the same track, but it provides peace of mind to your loved ones that their well-being is in mind, and they are being cared for. Here are the basics.
Our goal is to help our clients protect the most assets and get the best care possible.
Contact us today to start your Life Care Plan!
February’s Blog Recap:
There are several legal planning documents that are necessary as we age. A trust and a durable power of attorney are two of the most important ones.
There are multiple types of Trusts including revocable and irrevocable. A Trust creates a legal entity and it is important to determine your goals in selecting which trust is best to achieve your goals.
