MPLP Advocate Library - Elder Law
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Attorney General Mike Cox announced recently that his office conducted two studies that revealed almost 10% of the employees caring for approximately 100,000 Michigan seniors and vulnerable adults have criminal backgrounds.
Both the Michigan House and Senate have recommended further cuts in funding to the MiChoice Home and Community Based Waiver Program for FY '06. These cuts are aimed at reducing administrative costs, a controversial issue in the waiver program.
Following the introduction several years ago of the popular "Nursing Home Compare" website and the more recent home health agency site, the Centers for Medicare and Medicaid Services has now launched a new website to allow consumers to compare data on hospitals in their area.
The Medicare and You 2006 handbook sent to more than 40 million Medicare beneficiaries contains a significant error that may be detrimental to beneficiaries with income below 150 percent of the Federal Poverty Level.
Effective May 1, 2005, DCH is implementing new procedures for establishing waiting lists for the MiChoice Home and Community Based Waiver Program and for providing limited payments to assist residents who wish to return to the community from nursing homes. These changes were mandated by the settlement agreement in Eager, et al. v. Engler, et al., a suit that challenged the virtual closure of the MiChoice Program to new applicants in 2001.
Recently, the Michigan Department of Community Health (DCH) issued a proposed policy governing the treatment of annuities for the purpose of qualifying for Medicaid... According to the summary, the policy was sparked by an increase in the use of annuities to "artificially impoverish a person in order to qualify for Medicaid long-term care."
After months of political wrangling and draconian proposed cuts to the 2006 Medicaid budget, the final MDCH budget is far more generous than lobbyists and advocates expected.
In May, Governor Granholm created the Michigan Task Force on Elder Abuse to make recommendations on ways to ensure that Michigan's senior citizens are protected from abuse, fraud, neglect, and financial exploitation.
Governor Granholm recently announced her administration is developing a proposal to provide health insurance to approximately 550,000 Michiganians, about half of the state's uninsured population. The program will be targeted at uninsured individuals at or below 200% of the federal poverty level.
On June 9, several hundred consumers, policymakers, advocates, and others interested in long term care gathered at the Capitol to celebrate the official release of the recommendations of the Governor's Medicaid Long Term Care Task Force and to oppose cuts under consideration by the House and Senate to the MiChoice Home and Community Based Waiver program.
The Governor's Medicaid Long Term Care Task Force is putting the finishing touches on its Final Report and Recommendations. The detailed and sweeping recommendations concern creating regional single points of entry for all long term care consumers...
On February 9, Governor Granholm released her budget proposal for FY ‘07. Although there are numerous small adjustments to the Department of Community Health’s $11 billion budget, the proposal contains no harmful cuts for Medicaid beneficiaries. Moreover, the Governor proposes to increase payments to Home Help workers by $20 million...
Governor Granholm issued an Executive Order in May that established the Elder Abuse Task Force. The diverse 17 member body is charged with identifying resources and changes in law that will assist in the prevention of elder abuse, neglect, and exploitation.
Section 1903(x) of the Deficit Reduction Act (DRA) of 2005 (Pub. L. No. 109-171) requires states to obtain documentation of citizenship and identity for all citizens or nationals of the United States who apply for Medicaid or seek redetermination of Medicaid eligibility effective July 1, 2006. Despite the effective date in the law, Michigan, like many states, is unprepared to comply with this burdensome and harmful provision and will not begin implementing it until September 1st or later.
In an effort to expand access to the MiChoice program for residents of nursing homes, the Michigan Department of Community Health (MDCH) has provided the potential for additional funding to waiver agents who transition residents. Under the new plan, MDCH will pay reasonable, directly-related transition costs for Medicaid beneficiaries who transition out of facilities and will provide funding for a new "slot" for individuals leaving nursing homes...
MPAS and MPLP are interested in learning about clients who have experienced inadequate mental health care in nursing homes as well as facilities and programs that do a good job caring for mental health consumers.
The media is full of predictions of exceedingly high heating costs this winter which will create a particular hardship for seniors and other low income consumers.
Both the Granholm administration and the legislature are moving forward in efforts to create single points of entry (SPES) for Medicaid funded long term care. The Governor’s Task Force on Medicaid Long Term Care recommended last year that the state develop regional single points of entry in three areas of the state by this summer and across the whole state within three years.
State Medicaid Director Paul Reinhart recently announced that a bill to enact an estate recovery program will be introduced in the legislature shortly. Michigan is the only state that has not yet implemented an estate recovery program as mandated in federal law and the state is eager to pursue it now...
Following extremely close votes in both the U.S. House and Senate, the Deficit Reduction Act of 2005 (the "DRA") became law February 8, 2006. The DRA makes significant changes to some of the rules that apply when people seek Medicaid assistance in the nursing home and through the Home and Community Based Waiver Program.