Questions About Senior Money Legal

  1. How can I get a free HIPAA release form?

    Question - Two places: directly from the medical provider or from this website.
    Icon-faqFAQ Icon-expert1 Expert Answer, 4 Community Answers
  2. Do I need Medicare Part B if I have retiree medical insurance through my former employer?

    Question - The answer depends in part on the rules of your retiree health coverage. Employers aren't required by law to maintain health coverage for retired workers. So, if they do provide coverage, they can make almost any rules they want. Some employer-sponsored health insurance plans require Medicare-eligible retirees to enroll in Medicare Part A and Part B...
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  3. Do we need Medicare Part D?

    Question - Many people who have other health insurance that covers some drug costs find that a Medicare Part D prescription drug plan doesn't save them money. But if your husband's prescription drugs cost you $1,200 out of pocket last year even with your other insurance coverage, then getting a Medicare Part D insurance plan is probably a good idea...
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  4. Can you use benefits from VA and Medicare coverage in conjunction?

    Question - Your stepfather can use both. For any specific medical treatment, he can choose to use either the Medicare or VA system. And sometimes he can use both for the same treatment. Here's how it works. If he's treated at a VA facility, Medicare cannot pay any of the copayments that the VA charges him...
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  5. Where can I find the rule regarding Medicare and COBRA coverage?

    Question - Since your husband has Medicare because he's over 65, Medicare is the primary payer of his covered medical bills, with COBRA coverage through your work being a secondary payer. You can find this rule explained in the Medicare booklet Medicare and Other Health Benefits: Your Guide to Who Pays First ...
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  6. Does Medicare pay for shingles vaccine?

    Question - No, it won't. In general, Medicare doesn't do a very good job of covering preventive medical care . The only immunizations it covers are a yearly flu shot, the pneumonia vaccine, and the vaccine against hepatitis B (if you are at medium or high risk for contracting the disease).
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  7. Are accidents in a foreign country covered by Medicare?

    Question - Original Medicare (Part A and Part B) doesn't cover any medical care in Europe, but a Medicare Part C Medicare Advantage plan or a Medigap supplemental insurance policy might.
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  8. Do I have coverage from Medicare when traveling to Canada?

    Question - Medicare doesn't normally cover regular or emergency medical care in Canada, whether you're living or vacationing there. Medicare can cover medical care in Canada in a few very limited circumstances. They are: (1) If you're in the U.S. when an emergency arises but a Canadian emergency room is closer than any in the U...
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  9. Does Medicare provide coverage for type 1 diabetes?

    Question - It certainly does. Medicare Part B covers much -- usually 80 percent -- of the cost of diagnosis, examinations, and medical care, including diabetes care from your doctor, diabetes screening, self-management training, nutrition therapy, and special diabetes related testing (such as hemoglobin, glaucoma and other eye exams)...
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  10. What kind of legal action can I take to care for my mother, who has got cognitive issues?

    Question - Without having her go to a doctor to get evaluated to see if your mom is suffering from some form of dementia, I get a strong feeling that getting her to sign any type of legal document to assist her, for example a power of attorney might also be an extremely difficult task.
    3 Community Answers
  11. What is the first step in finding a new doctor who accepts Medicare Part B?

    Question - Medicare maintains a list of doctors and other providers who accept Medicare patients. The Medicare web site has a tool that gives you access to this list for doctors in your geographic area who accept Medicare patients. The tool also breaks down this list of doctors by their medical specialty...
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  12. Is my disabled sister eligible for Medicare parts A&B?

    Question - CalOptima is a public health care agency in Orange County California that administers health care services for Orange County residents on Medi-Cal. If your sister has MediCal through CalOptima, she should be able to get any kind of medical care she needs for free, or for a very low copayment...
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  13. How do I get my husband to let me do the finances?

    Question - PLS EXCUSE ME IF I AM BLUNT. I HAVE BEEN GOING THRU THE SAME THING FOR OVER A YEAR. MY HUSBAND WENT TO THE BANK AND TOOK MY NAME OFF EVERYTHING AND HID THE MONEY. I ASKED THIS SITE FOR HELP AND THEY ANSWERED. I TOOK THE POWER OF ATTORNEY RECORDED IT CHANGED ALL THE ACCOUNTS SUCH AS UTILITIES ON AUTO PAY...
    2 Community Answers
  14. Does Medicare pay for hospital beds for home use?

    Question - Yes, Medicare Part B can help pay for a hospital bed and other "durable medical equipment." For Medicare to cover it, an item of equipment must be "medically necessary" and prescribed by a doctor, and it must be supplied by a medical equipment provider who is officially approved by Medicare...
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  15. Do I need to be in Medicare Part B for a year before I enroll with a private provider?

    Question - No, you don't have to wait. Anyone enrolled in Medicare Part A (hospital insurance) and eligible for Medicare Part B (medical insurance) can choose to receive coverage for both through one of the Medicare Part C Medicare Advantage managed care plans, which are operated by private health insurance providers, instead of directly through Medicare...
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  16. Can I get paid to be a caregiver for my wife?

    Question - It's possible, depending on the total amount of your wife's disability benefit plus your retirement income, and on the amount of your assets other than the value of your home. If your joint income and assets are low enough, your wife might qualify for a state-run program where you live, which can provide...
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  17. What is the best way to pay for short-term nursing home rehabilitation?

    Question - If your mother's stay is in a skilled nursing or rehabilitation facility while recovering from her injury, she might continue to qualify for Medicare's nursing facility benefits. This depends on whether Medicare considers that she is improving while in the facility, rather than merely being cared for because she needs assistance...
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  18. Can a will alone cover my dad's estate planning needs?

    Question - For many people who have straightforward property ownership and straightforward plans for how they want the property they own divided when they die, a will may be sufficient to do cover that task. This is true because many assets, such as retirement funds and often bank and other accounts, can pass directly...
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  19. Will Medicare cover oral surgery that is related to diabetes?

    Question - Work by an oral surgeon on jaw or mouth bones will almost certainly be covered by Medicare Part B, whether the oral surgeon is a physician (M.D.) or not. On the other hand, work done solely on the teeth will not.
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  20. Medicare and Medicaid: Which Is Which?

    Question - Medicare and Medicaid are both government-funded programs that help pay for medical care. Medicare is run by the federal government's Centers for Medicare & Medicaid Services (CMS), although parts of the program are operated by private insurance companies. Each state's Medicaid program, on the other hand, is run by its own state agency...
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  21. What is the allowable amount for prescription eyeglasses under Medicare?

    Question - Medicare coverage for eyeglasses is handled through Medicare Part B. Medicare can pay for one pair of eyeglasses following your cataract surgery, if you had a new lens implanted in your eye. If you have two separate cataract operations, one on each eye, Medicare will cover new glasses after each surgery...
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  22. FAQ: Can Medicaid Coverage Be Retroactive?

    Question - Yes, Medicaid (called Medi-Cal in California) medical, home care, and nursing home coverage can be retroactive. If someone is approved for Medicaid, coverage can go back not only to the date of application but also to three months prior to the application. But retroactive coverage is not automatic...
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  23. Can I handle my mother's finances and not upset my siblings?

    Question - I'm not sure when this was written so it may be too late for your Mom, but not for other aging parents and their families. I would recommend getting on the AADMM.com website and finding a local daily money manager who may be even more experienced than an accountant in handling this type of situation...
    2 Community Answers
  24. Can I Get Paid to Be a Family Caregiver?

    Question - It's possible to get regular payments for providing care for a housebound family member, depending on the family member's income and assets, need for care, and the state he or she lives in. Public assistance programs in many states can provide payment directly to a low-income person who is determined to need in-home care...
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  25. How can I plan for supporting my mother until she's 65?

    Question - I just want to clarify my last paragraph, above. I would only tell her this if I was certain that she did NOT have dementia or another serious disability. If she actually does have dementia, that's a different situation.
    3 Community Answers
  26. I am not sure how to use my Power of Attorney.

    Question - Personally, when I notified my father's financial institutions as to the status of my power of attorney I faxed the durable power of attorney papers over to them and called and let them know they were coming. They documented the information to my fathers account. I don't know if this helps. Good luck to you in the future...
    5 Community Answers
  27. Does a will trump a trust?

    Question - When my father passed away I was 16, and my sister was 13, he had both a will and irrevocable trust, which stated two opposite things. According to the lawyer we were to go by what the trust stated not the will. But according to the trust we were to keep everything my father owned and divide it equally...
  28. Does Medicare cover companion care?

    Question - Medicare only covers medical care -- it doesn't pay anything for non-medical companion care. One of the only situations in which Medicare pays for any kind of non-medical care is when it provides short-term home health care, which is primarily nursing care but can include a small amount of help with...
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  29. How can we pay for the nursing home?

    Question - My mother-in-law is in a nursing home at over $5,000 a month. Do we have to sell everything there is to keep her there? She is 96 years old. We have already cashed in one CD and have a small one left. She also has a house and several acres of property. My husband is the only surviving relative.
  30. How can we keep mom from spending all her money?

    Question - I dealt with this situation with my mother a few months ago. She was convinced that she had won the Publisher's Clearinghouse and spent a few hundred dollars pasting "special buys" on her envelopes. I needed to confiscate her license, checks and cards. My mother is at an Asst...
    1 Community Answer
  31. How can my parents keep their home from bankruptcy?

    Question - Our elderly parents, 75, have finally admitted they are in financial trouble. I'm really afraid it may be too late. They are hard working people; dad worked until he had his knees operated on a few months ago, but ow he can't. (I really don't think they knew how much interest they owed and that it would never be paid off)...
  32. Does my grandson have legal claim to my property?

    Question - My grandson is trying to force me to sell him a piece of property. I allowed him to move his trailer on four years ago, and he had to put in a septic tank and drill a well. He knew that before he moved on to the property. He had a lawyer send me a letter stating we had a verbal agreement to sell him the property for $4000...
  33. How detailed does a will need to be?

    Question - I am 75 and have a living trust in place. However I need to make a will. How detailed does a will need to be?
  34. What are our options after Medicare benefits are exhausted?

    Question - It sounds like you and the social worker had a misunderstanding. Certain specific Medicare Part A inpatient hospital benefits may run out temporarily, and one part of Medicare Part A's long-term hospital coverage may end, but overall Medicare coverage does not become exhausted...
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  35. How does Medicare define "confine to home"?

    Question - A patient being "confined to home" is one of several requirements Medicare Part B sets for coverage of in-home care. For purposes of Medicare Part B coverage, confined to home means that the patient can't leave home without difficulty, and to do so needs the assistance of another person or of a medical device such as a wheelchair...
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  36. Does Medicare cover driving evaulations?

    Question - Medicare Part B could cover a "driving evaluation" at an outpatient rehabilitation facility if it's prescribed by a doctor. Medicare Part B covers some rehabilitation services following an injury, illness or other change in a patient's condition. These services can be physical therapy, occupational therapy, or both...
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  37. If I have Medicare Parts A and B plus Tricare, do I need more insurance?

    Question - If you are enrolled in Medicare Part A and Medicare Part B and you also have TRICARE for Life, you almost certainly do not need any other supplemental health insurance. TRICARE for Life[military.com] is a special program specifically designed for people who are also enrolled in Medicare...
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  38. How can I find assistance for a procedure not covered by Medicare?

    Question - It sounds from your question that the podiatrist is including Medicare in this statement about insurance. If so, you have to find out WHY your podiatrist believes that neither Medicare nor other insurance will cover the treatment. Extracorporeal shock wave is certainly an approved treatment for several medical conditions, including some bone spurs...
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  39. Will Medicare cover a non-routine lab test ordered by my doctor?

    Question - Whether Medicare covers a laboratory test doesn't depend on whether it's "routine" -- in fact, Medicare doesn't cover many routine lab tests -- but whether it's "medically necessary." Having the test ordered by your doctor is the first part of this process of deciding whether it's medically necessary...
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  40. How do we switch from private to Medicare?

    Question - If she had both Medicare and health insurance coverage through a large employer while she was still working, the employer-based insurance (in this case, Anthem Blue Access) paid first, with Medicare paying some of the remaining costs. Since she is no longer working, Medicare will become the primary payer, which means that medical bills go first to Medicare...
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  41. If I work full-time should I enroll in Medicare?

    Question - Whether it's to your advantage to enroll in Medicare Part B medical insurance or in a Medicare Part D prescription drug plan while you're still working full-time depends on the extent, cost, and rules of the health insurance coverage provided through your employment...
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  42. Can Medicare prevent me from hiring a companion for a resident in a nursing home?

    Question - Medicare is not likely to know or care if you hire a private companion to sit with your relative while he or she is in a skilled nursing facility. However, the nursing facility itself might not permit it. Medicare nursing home coverage is provided only in a skilled nursing facility and only for a patient...
    Icon-expert1 Expert Answer, 1 Community Answer
  43. If our private insurance doesn't cover a claim, can we send it to Medicare?

    Question - You've asked several different questions about Medicare, so let's take them one at a time. First, you can submit your husband's medical bills to Medicare even if you've also submitted them to your work-related insurance. Which coverage pays first depends on the size of your employer...
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  44. Does Medicare pay for patient ceiling lifts?

    Question - Medicare Part B covers medical equipment that includes "patient lifts" -- mechanical or hydraulic devices that help to safely lift a person out of or into a bed or chair. These lifts are intended to avoid injuries to patients and caregivers alike...
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  45. Does Medicare pay for electric wheelchair replacement batteries?

    Question - Today's Option is a private Medicare Part C Medicare Advantage plan that you have enrolled in and that provides all your Medicare coverage, including coverage for your wheelchair. In order to find out the specifics of how the plan will cover replacement batteries for your wheelchair, you need to carefully...
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  46. Will Medicare accept property as payment or collateral?

    Question - You are in a situation a lot of people find themselves in – trying to help someone stay at home rather than have to enter a nursing facility or other long-term residence, but unable to provide enough round-the-clock care. Unfortunately, Medicare’s home care coverage is extremely l...
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  47. Will Medicare pay for an ostomy nurse?

    Question - Medicare Part B home care coverage is extremely limited and probably will not cover regular visits from a nurse for any length of time. But it may cover a few short-term visits from a nurse from a home care agency who can show your mother how to properly and comfortably use her ostomy equipment and supplies...
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  48. If a Medicare patient is readmitted to the hospital, does she have to be discharged from PT/OT?

    Question - If a patient is receiving outpatient PT and gets admitted to the hospital then the PT must write a D/C note and discharge that patient from therapy because the patient's status has changed. Once the patient is discharged from the hospital and if they require continued outpatient therapy--they must get...
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  49. Can Medicare deny future coverage for similar issues if Mom signs herself out of a nursing home?

    Question - The fact that your mother's doctors or the nursing home are not ”signing her out" to leave the nursing home serves two purposes. One, they are formally letting your mother (and you) know that in their opinion she is not ready to go home, or that going home would be medically worse for her than stayaying in the nursing home...
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  50. Will Medicare cover a hospital stay for dental work?

    Question - You're stuck in that no-man's land between medical care (which Medicare covers) and dental care (which Medicare doesn't cover). If your oral surgeon is not a physician, whether Medicare covers your treatment, including hospitalization, depends on the kind of procedure being performed...
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  51. Dose Medicare Part B pay for a person at a pharmacy to give me the flu shot?

    Question - Medicare Part B will pay 100 percent of the cost of an annual flu shot if provided by any medical provider who's licensed to administer the shot and who participates in Medicare. This includes your doctor, but for many people it means a walk-in clinic, a nurse at a temporary flu shot site at a grocery store or mall, or a pharmacist at your local drug store...
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  52. FAQ: What Are Medicare Part A and Medicare Part B Premiums, Deductibles, and Coinsurance Amounts for 2011?

    Question - Medicare premiums, deductibles, and coinsurance amounts change each year for Medicare Part A and Medicare Part B. (For people who receive their Medicare hospital and medical coverage through a Medicare Part C Medicare Advantage plan, premiums, deductibles, and co-payments are determined by the plan itself, not by Medicare...
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  53. How do I know if there are better Medicare options out there for me?

    Question - Even if you are relatively satisfied with the Medicare Part C Medicare Advantage plan that you now have, at the end of each year (between November 15 and December 31) you may want to consider switching to a better plan -- or to traditional Medicare plus a Medigap supplemental insurance policy -- for the coming year...
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  54. Does Medicaid or Medicare cover a CNA to care for the blind?

    Question - Medicare and Medicaid are both set up to provide medical coverage, and unfortunately neither program provides much in the way of non-medical assistance with the activities of daily living (ADLs). However, Medicaid -- if someone meets the financial eligibility standards -- might provide very limited part-time assistance...
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  55. Do I need Medicare Part B if I am an active employee over 65 with health coverage through my employer?

    Question - With most employer-sponsored health plans, you don't need to enroll in Medicare Part B medical insurance while you're still an active employee. However, whether it's a good idea anyway to enroll in Medicare Part B depends on the extent of health insurance coverage provided through your employment, the...
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  56. Do we have to re-enroll Mom in her Medicare Advantage each year?

    Question - For most Medicare Advantage plans (also called Medicare Part C) there is no need to re-enroll every year. If your mother wants to remain with the same plan she has, she doesn't have to do anything. She'll remain enrolled in the same plan unless she actively enrolls in a different plan (between November...
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  57. What is the difference between a physical and a wellness exam covered by Medicare?

    Question - A Medicare wellness exam is a special type of physical exam specifically designed by Medicare for the needs of people 65 and older. Beginning in 2011, a Medicare beneficiary is entitled to one "Welcome to Medicare" initial wellness exam within the first 12 months after first enrolling in Medicare Part B, and then one wellness exam every year thereafter...
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  58. Does Medicare or Medicaid pay for home modifications?

    Question - The installing of a walk-in tub is a modification of a home that neither Medicare nor Medicaid usually covers. That's because it involves a physical change to the home, rather than the addition -- through purchase or rental -- of medical equipment or supplies, which Medicare Part B and Medicaid do cover...
    Icon-expert1 Expert Answer, 1 Community Answer
  59. Can you get back Medicare Part A coverage if it has been dropped?

    Question - Your mother-in-law certainly can enroll in Medicare Part A, but the real question is whether she is entitled to Part A coverage without paying a high monthly premium. People age 65 or older who are eligible for either Social Security OR civil service -- including federal government employment -- retirement...
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  60. FAQ: What Kinds of Home Equipment and Modifications Are Covered by Medicare, Medicaid, or the VA?

    Question - Excellent information on paying for medical equipment and home modifications. I would add that the limits for HISA grants have been raised to $6,800 for service connected disabilities and $2,000 for non service connected disabilities.
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  61. FAQ: Are There Benefits for My Parents if They Pay Me for the Time I Spend Caring for Them?

    Question - Yes, there are many benefits for your parents if they pay you for the time you spend caregiving. But for your parents to get the maximum benefit, you need to report the income and pay taxes on it. Even though this is a hassle, there are many good reasons for your parents to pay you and for you to report that income to the government...
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  62. Do generation skipping trusts have to be put in effect five years in advance?

    Question - You are referring to ways to protect property from being spent down once someone is on Medicaid. To be eligible for Medicaid in Kansas, the applicant’s assets cannot be above $2,000. This includes all liquid and real property. (These rules are for a single person. If you Dad is married, the rules arare different...
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  63. How do I get my dad to stop taking questionable financial advice from his friends?

    Question - The important thing to remember is that, with all investment advice, you must consider the source. Keep in mind that even professional money managers rarely beat the market, so imagine how much more difficult it is for an amateur to do so -- especially with an unproven "hot tip."
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  64. How old must a child be to get money at a parent's death?

    Question - The answer depends on where the money came from, how it was left to him -- and where he lives.
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  65. Can my dad get help to pay for shots after chemo?

    Question - One of the big loopholes in Medicare Part B medical coverage is for outpatient hospital or clinic bills. If your dad is getting shots at a hospital or clinic as an outpatient, they can charge him personally for the entire amount of their bill above what Medicare pays them...
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  66. How can I find a new doctor that accepts Medicare?

    Question - The Medicare web site has a tool that can help you find doctors who accept Medicare patients. The tool gives you a list of those doctors who practice in your geographic area. The tool also breaks down this list of doctors by their medical specialty...
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  67. Is there Medicare shoes for diabetics?

    Question - Yes, it's true. Medicare Part B can pay for most of the cost of therapeutic shoes for someone whose diabetes has caused serious foot problems. If you have diabetes, Medicare can cover therapeutic shoes if you are being treated by a physician under a comprehensive diabetes care plan, and your doctor or...
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  68. Can I get medicare to pay for both a scooter and a wheelchair?

    Question - Medicare Part B will pay for the use of a power wheelchair or power scooter, if medically necessary, but not both. The fact that one or the other device can't be used in some places doesn't change this rule.
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  69. Do I have to take Medicare?

    Question - You don't have to participate in Medicare if you don't want to. But unless you have good free or very low-cost health insurance coverage through your or your husband's former employment, it's probably a very good idea to have both Medicare Part A hospital insurance and Medicare Part B medical insurance once you turn 65...
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  70. How can I get affordable legal help with a guardianship?

    Question - By getting the doctor's report that will be required to get a legal guardianship, sometimes called a conservatorship, for your son, you have already done a part of the legwork for the proceeding -- and that should help keep down any legal costs. There may be a few places you can turn to for help instead of paying the high fees the lawyers are quoting you...
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  71. How can I convince my parents to accept my financial help?

    Question - It is very difficult for some older people to accept financial help from anyone, particularly their children. A good first step would be to tell them that you have set up your own financial plan that includes investments, retirement, insurance and estate planning. You could then offer to work with them to help organize a similar financial plan for them...
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  72. Does Medicare cover prescription eyeglasses?

    Question - Medicare Part A does not cover eyeglasses at all. Medicare Part B can pay for one pair of eyeglasses but only if you have cataract surgery in which a lens is implanted in your eye. Otherwise, traditional Medicare does not pay for glasses at all, for any reason.
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  73. What legal recourse do I have with my drug abuser/alcoholic brother who has POA for our mother before he manages to go through my mothers money?

    Question - If you do have a valid power of attorney, make sure that your brother does not have access to your mother's assets. Remove cash and valuables from the house; make sure the bank accounts are not accessible to him by meeting with bank officials and emphasizing to them that you are the sole designated agent...
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  74. How long will coverage for Medicare physical therapy last after a knee replacement?

    Question - Not long. First of all, your physician needs to prescribe the therapy, and periodically needs to review your continuing need for it. But no matter how much therapy your doctor prescribes, Medicare will only pay a limited amount...
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  75. How do I get adult guardianship in Georgia for a dependent adult son?

    Question - First make sure you want and need what you seek. An adult guardianship or conservatorship is a fairly drastic measure, but can be set up after a judge decides that a person can't take care of individual personal care and finances.The person or people named to act as a conservator on behalf of the incapacitated...
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  76. Will medicare pay for dental implants?

    Question - Probably not. The only way that Medicare might pay for dental implants was if they were part of a larger reconstruction of the mouth or jaw, following an injury or disease to the tissue or bones of the mouth or jaw. If it's simply the replacement of bad or lost teeth, then Medicare will not pay anything...
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  77. Can Medicare help me find a psychiatrist who accepts Medicare?

    Question - Yes, the Medicare web site has an interactive service called the Find a Physician page. Click on it and you can find a psychiatrist near you who accepts Medicare patients. Or, you can get the same information by calling Medicare toll-free at 1-800-MEDICARE (1-800-633-4227), 24 hours a day, 7 days a week...
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  78. How do I find the coverage details for hearing aids with Medicare and Medicaid in Ohio?

    Question - Unfortunately, Medicare does not cover hearing aids, in Ohio or anywhere else. However, it appears that Ohio's Medicaid program does cover at least "conventional" hearing aids, for both ears; if you require special hearing aids, Medicaid may cover it if you (through your doctor) demonstrate a "special...
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  79. How does coverage from Medicare and health club memberships work?

    Question - That depends on how you receive your Medicare Part B coverage, but in most cases the answer is no. If you are enrolled in traditional Medicare Part B, directly with Medicare itself, there is very little coverage for any kind of preventive or "wellness" care, and none at all for a gym membership or related fitness training...
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  80. Is there stair lifts Medicare coverage?

    Question - Medicare Part B covers different types of portable medical equipment and supplies for use in the home, but it does not pay for construction or installation of permanent equipment. So, Medicare Part B can cover the type of lift that is used to help a patient get in...
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  81. What are legal guardian responsibilities?

    Question - There’s something confused and confusing about the terms you’re using—and while words can sometimes just be words, they most often have loaded meanings in the legal world.
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  82. How can I protect my grandfather's assets?

    Question - Any advice you get or take must be tempered with a dose of reality: Short of getting your grandfather a personality transplant, there may be nothing you can do to change his wily and unpredictable ways. After all, he’s had them for 93 years.
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  83. How do I gain access to my parent's medical records without a durable power of attorney?

    Question - HIPAA has proven to be a nightmare for more than a few families. Legally, you need to be named in a HIPAA authorization to gain access to your mother's data, or even to talk to her doctor -- even if she has given you a durable power of attorney for healthcare...
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  84. Can a parent revoke a durable power of attorney?

    Question - Yes, he can do this at any time, without the aid of an attorney, until he's incapable of making that decision. Though you may not approve of his revisions, remember that the laws that enable your father to draw up a durable power of attorney, giving you the right to make decisions for him, are designed to aid and protect him, not you...
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  85. What's the emergency procedure for obtaining durable power of attorney for finance or health care?

    Question - Ideally, your mother will have a revocable trust in place, so that you can assume the role of trustee when the time comes. If your mother hasn't signed a durable power of attorney for finance and healthcare, allowing you to step in and help where necessary, now is the time to secure one...
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  86. Are Medicaid annuities a scam?

    Question - While it may not be a scam, the purchase of a Medicaid annuity is of no benefit to most people -- especially single people and those with enough money to pay for their own care, like your mother.
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  87. Are family corporations a good or bad idea?

    Question - It's one way parents can pass along property to children. But be forewarned: There are complicated rules about gifting shares in private corporations. You are all on safe ground if your parents properly valued those shares and reported the gift of those assets to the IRS if they were above the annual...
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  88. How should my father balance estate planning, tax planning, and Medicaid look back rules?

    Question - To sort out these competing issues, your father first needs to figure out his estate tax situation. The federal estate tax doesn't kick in for estates under the $2 million threshold, so he doesn't have to be concerned about federal estate taxes...
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  89. How do we preserve my deceased father's estate when my mother remarries?

    Question - It depends on what your parents' estate plan says about who controls the property that your father left behind. If he left it all to your mother, then what she does with it is her business, and not yours. And if you are your mother's financial agent, acting under a power of attorney that she signed,...
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  90. Do You Have to Be Bankrupt to Get Medicaid?

    Question - I think you're referring to Medicaid, not Medicare. Medicare is a federally-funded health insurance program. Many seniors have Medicare Supplement insurance purchased from health insurance companies. Medicare and health insurance companies pay for medically necessary health care expenses...
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  91. Where can I find financial assistance for assisted living costs?

    Question - A great place to start the search is BenefitsCheckup.org. This service can help you figure out which local, regional, and national programs may be available to help your mother with her bills.
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  92. Can I be removed as responsible party for nursing home agreement?

    Question - If a nursing home participates in either Medicare or Medicaid -- as almost all do -- then the federal Nursing Home Reform Law prohibits it from requiring guaranteed payment from anyone other than the resident -- your parent. This is true even if your parent is not presently covered by either Medicare or Medicaid...
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  93. Should my parents drop private insurance for Medicare only?

    Question - You need to evaluate the cost of their Medicare supplement insurance versus how much your parents will have to pay out-of-pocket if they drop it.
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  94. Is there federal assistance for caregivers?

    Question - There are some programs that may be able to offer some help for your family.
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  95. Can I pay myself a salary from the family trust?

    Question - It depends on what the trust itself says about how the assets can be used for your mother's benefit, and on who the trustee is. Typically, such trusts will specify that the assets can be used for the "health, maintenance, and support" of the beneficiary; sometimes for their "comfort, welfare, and happiness...
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  96. Does divorce to protect assets from one spouse to the other work?

    Question - Unfortunately, some people do get divorced to try to protect assets from long-term care costs. In your father's case, there's the immediate question of who's responsible for paying his assisted living costs. If he's paying privately -- meaning, without Medicaid assistance -- then his wife may be liable for those costs under North Carolina law...
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  97. Is a home given away more than five years before still considered the parent's asset?

    Question - There are actually two parts to the question. The first is whether the assisted living facility itself has a legal right to bill you and your sister for your mom's care. The answer is no. Adult children are not responsible for the bills or debts of their parent, even if they are now the legal owners of assets that used to belong to the parent...
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  98. How can you pay for care when your assets are too high for Medicaid?

    Question - There are a couple of different ways your brother-in-law may be able to qualify for Medicaid even though his assets are over the usual allowable limit. Depending on the rules of the state where he lives, he might qualify for Medicaid if he's considered "medically needy." More than half the states have this category...
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  99. Who is responsible for paying for my mother's care?

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  100. How do I get into a nursing home with limited resources?

    Question - If your resources are limited, you may qualify for Medicaid to pay for your nursing home care. The resources you have and your need for assistance will determine if you qualify. Medicaid is a joint federal-state program for the financially needy. It's administered by the state and local governments and the rules vary from state to state...
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