Many individuals are not aware that the privacy act they sign at a doctor’s office can have a big effect on their future health needs. Should a person become ill or incapacitated, and their spouse or loved one is not named as a patient’s representative, the Health Insurance Portability and Accountability Act (HIPAA) does not allow access to an individual’s medical records to unauthorized people. An experienced elder law attorney can help can individuals make sure they have the right legal documents created to prevent these issues from happening. Taking the time to create these documents early on is advised. An attorney will create a health care proxy with a HIPAA clause and a power of attorney (POA) document to establish who is the personal representative that can access medical records and make health care decisions. This is especially important if the POA is a “springing” POA that only gets used when an individual becomes incapacitated. An attorney will help make sure the right HIPAA release forms are created and disclosure of medical records will not be an issue in the years to come.

Littman Krooks LLP counsels individuals and families to plan for their health care wishes and financial matters as part of a comprehensive estate plan. Our New York City, White Plains and Fishkill estate planning attorneys and elder law attorneys are accomplished in asset preservation, trusts, and government benefits.

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Changes to New York’s Medicaid program will take effect in December 2011 in New York City and in January 2012 for upstate residents. The changes are as follows:

-          Children ages 6-18 are now eligible for Medicaid at the same income level as younger children – 133% of the federal poverty limit. The change should decrease the need for families to move their children between Medicaid and Child Health Plus after their sixth birthday. It is viewed as a step in the direction of the simplifications required by the Affordable Care Act.

-          Medicaid recipients receiving Social Security as their only source of income will not need to renew their Medicaid cases, if their resources were below 85% of the Medicaid resource level at the last renewal or at application, whichever was later (the Medicaid resource level is $13,800 for a single person and $20,100 for a couple). SSI-related recipients should receive a notice informing them that their Medicaid coverage will continue unchanged and explaining that they do not need to respond to the mailing unless they have change to report in income, resources, health insurance or residence.

To learn more about New York special needs planning, visit www.littmankrooks.com/special-needs-planning/ or www.specialneedsnewyork.com.

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A new study finds that health care access for children with Medicaid insurance is a systematic problem. People with Medicaid as their primary insurance were more likely to be refused by a medical practice or given an appointment that was close to a month away, even when they had a pressing medical issue.

Children with Medicaid-Children’s Health Insurance Program were turned down 66 percent of the time while those with private insurance were only denied 11 percent. The study, which was recently published in The New England Journal of Medicine, used secret shoppers to call 273 specialty practices to pose as parents wanting to get their child an appointment for an important health issue like seizures, asthma, broken bones, or diabetes.
The study showed that most Medicaid patients had to wait 22 days before seeing a specialist. The root of the problem seems to be money – Medicaid will pay $99.86 for an office visit while a private insurer will pay $160. Specialists in medical centers feel under pressure to go after the higher paying insurance method, the researchers said. The study titled “Auditing Access to Specialty Care for Children with Public Insurance” was conducted in Cook County, Illinois over five months.
In a recent New York Times article, doctors from across the nation echoed the study’s findings. As states are cutting Medicaid programs and doctors are pushed to bring in more money, children with Medicaid are seen as one of the last priorities. “It’s very disturbing,” said Dr. Karin Rhodes, who co-authored the study. “As a mother, if I had a kid who was having seizures or newly diagnosed juvenile diabetes, I would want to get them in right away.”
In New York, the law firm of Littman Krooks LLP firmly believes that children with Medicaid deserve equal access to health care and quality treatment. Our New York special needs attorneys have decades of experience in courtrooms and settlements to uphold your child’s rights. To learn more, visit http://www.specialneedsnewyork.com/
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