Hickman & Lowder Weblog
Friday, 22 November 2013 08:45
By now, most adult Americans have seen and heard a lot about the Affordable Care Act (ACA), and most are confused about how the ACA will affect them and their insurance coverage. If you are an older American with Medicare coverage, or will be eligible for Medicare coverage in 2014 as an older American, you may be wondering what kind of impact the ACA will have on your Medicare. The simple answer is not a whole lot.
Medicare is federal health insurance coverage for Americans who are (1) eligible for Social Security retirement income and 65 years or older, or (2) under age 65 and entitled to Social Security disability benefits, or (3) of any age with End-Stage Renal Disease. You must enroll in the Medicare program when you become eligible or face late enrollment penalties for as long as you carry Medicare coverage, UNLESS you have other creditable insurance coverage through your employer, your spouse’s employer when you reach age 65, or the Health Insurance Marketplace.
The ACA was passed by Congress in 2010 and some provisions effecting Medicare have already been implemented. Those include:
Thursday, 19 September 2013 11:48
In the past year or so, a large number of persons with developmental disabilities on the Home Care Waiver were being disenrolled – the reasoning was that, because they had a developmental disability, they did not meet the nursing facility level of care. A high percentage of the people who were disenrolled were not able to obtain other waivers and lost essential services.
The Centers for Medicare & Medicaid Services was alerted to this situation through action of the Ohio Association of County Boards Serving People with Developmental Disabilities and Disability Rights Ohio. The Federal Government has recently instructed Ohio to ensure that this situation is corrected.
Effective immediately, individuals with developmental disabilities whose level of care will cause them to be disenrolled from the Home Care Waiver will be given the opportunity to enroll on a Transitions DD Waiver. TDD waivers will only be made available to individuals who meet these criteria and that go through a state-level review process.
When there is a recommendation to remove an individual from the Home Care Waiver because the individual has a developmental disability, case managers have been instructed to affirm with the individual/family that no action will be taken pending this state-level review and that the waiver and all services remain in effect until a determination is made and a plan is set.
- Posted by Attorney Franklin J. Hickman
Thursday, 29 August 2013 12:55
Okay, okay…maybe not the entire universe, or multiverse if you belong to that school of physics (no discrimination intended here), but you can be master of the most important part of the universe, your home. We all know that home is where your heart is, but what if your home is set up to make your life more difficult?
Close your eyes and imagine this: You are an adult of average height (whatever that means these days) with no physical disabilities. You walk into your home to find that your light switches have been moved out of reach. Your kitchen cabinets, microwave, pantry and all of your closet rods and shelves have been set so high on the wall you can barely access the items you store in them without asking for assistance. The door knobs are difficult to grasp and turn. The mechanisms to open your windows are even worse than the door knobs. Your windows are set so high you hardly see out over the sill. Your faucets are placed so far back from the front of the countertop that you struggle to lean over to turn them on. You find most things in a position that make them either difficult to access or just plain awkward and uncomfortable to navigate.
Does this sound like a home you would want to live in? I didn’t think so.
What most people without disabilities do not realize is that this scenario is not fictional for many individuals with physical disabilities. What you also may not realize (or do not want to) is that, one day… far, far away…you may begin to find it difficult to turn your door knobs and reach your jar of pickles. Yes, you! We, as humans, age. (I know, it is difficult for it to sink in…give it a minute.) As we age, some of us begin to stoop and cannot reach as high as we used to. Arthritis makes it difficult to climb stairs, grasp items and turn a common door knob. Our bodies degrade and our home begins to work against us. It’s a conspiracy! But do not despair my friends, the principles of Universal Design can save the day!
You ask: What is Universal Design? Universal Design is the idea that things, like the entrance to your home, should be designed to be comfortable, safe and accessible to EVERYONE regardless of height, physical ability or age.
Wednesday, 21 August 2013 14:35
The U.S. Department of Education’s Office of Special Education and Rehabilitative Services (OSERS) has recently restated its commitment to preventing bullying in schools. In a “Dear Colleague” letter issued on August 20, 2013, OSERS has once again stressed, as it has in that past, that “bullying of a student with a disability that results in the student not receiving meaningful educational benefits constitutes a denial of a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA).” As a practical matter, what this means is that if bullying of a child with a disability is so intensive and pervasive that she can’t make appropriate progress in school, the school district must find a remedy to stop the bullying. This can be done through an IEP meeting or through IDEA’s enforcement procedures, such as due process.
- Those Tiger Moms
- Pursuing an Appeal When Public Benefits are Denied
- Digital Assets (Other Than Fingers and Toes)
- The Face of the Future?
- Children with Disabilities Have a Right to FAPE During Teacher Strikes
- Improvement Standard is No More
- Access to Sports for Children with Disabilities
- Recognizing Excellence
- Applying for Social Security Disability Benefits
- My Visit to the Cleveland Sight Center
- If You Shake Pandora’s Box Hard Enough, Hope Might Fly Out, Too, Eventually
- Transferring the Transition Waiver
- Be the Fuel … Or Be the Generator (It Doesn’t Really Matter Which)
- November is National Family Caregivers Month
- My Experience at the Ohio SIBS Conference
- Social Security Field Offices Changing Hours of Operation
- Special Needs Trusts: To Spend or Not to Spend?
- Are You a Person with a Disability?
- How to Keep from Navel-Gazing: The Value of Donating Your Time
- Issues for Unmarried Partners
- How to Create Meaning in Your Life
- "Social Security's Disability Program is Hurting"
- Changes Ahead for "Dual Eligibles"
- Medicaid for Long-Term Nursing Home Care
- Choosing an Assisted Living Facility that is Right for Your Loved One
- A Mother's Day Tribute
- National Children's Mental Health Awareness Week
- 'Cookie-Cutter' Estate Plans
- What's Going on at Red Treehouse
- Power of Attorney
- Developmental Disabilities Awareness Month
- Sensory-Friendly Films
- Social Security Disability News
- But...Hey! I Wash My Face First!
- The Family Home: Is it in Jeopardy if I Turn to Medicaid for Help?
- Exercise Caution with Joint Accounts
- "Hope I Die Before I Get Old"
- Mediation Services
- Military Separation Papers
- Identifying a Care Provider for Your Loved One
- Too Much Stuff, Too Little Space
- OSEP Expands Enforcement of Special Education Rights
- Medicaid and Assisted Living
- Labor Omnia Vincit. (Virgil – Latin for “Hard Work Conquers All”)
- Ohio Trust Law News
- What is a Certified Elder Law Attorney and Why Does it Matter?
- Is Preparing Your Will Worse Than a Root Canal?
- CMS Approves Individual Option Waiver Amendment
- Gifts Ideas for Elders in Care Facilities
- U.S. Savings Bonds Options Upon Death
- The White House Monthly Disability Call
- The Beauty of Winter
- Making the Most of Your Doctor's Visit
- Federal Education Law Protects Gifted Students with Disabilities
- Health Care Reform and Families with Special Needs
- Monitoring Technology & Elder Care
- The Usual Bus Stop
- Veterans Benefits Factoid #2
- Choosing the Right Care for an Elder
- "Bereavement Exclusion" Exclusion
- Successfully Appealing Medicaid Waiver Service Reductions
- Ohio High Risk Pool
- ADA 20th Anniversary
- Home Health Care Workers
- Direct Deposit for Social Security Checks
- Respectful Disability Language
- Preparing for an Emergency
- Veterans Benefits Factoid #1
- The Doughnut Hole
- Computer Classes for Older Adults
- Summer Reading
- Thank You, Paralegals!
- Happy Mother's Day
- Children's Tylenol Recall
- Foreclosure Assistance
- National Volunteer Week
- Thank You, Administrative Professionals!
- A Vacation Destination for Families with Special Needs
- New Online Medicare Application
- Health Care Reform Legislation
- Voided Puerto Rican Birth Certificates
- A Chance Meeting
- Community Emergency Response Team (CERT)
- Cleveland Hearing Office Backlog One of the Most Painful Nationwide
- Census 2010 - You Count
- Taxpayers with Disabilities
- Services for Older Adults
- Hickman & Lowder is Going Green
- Self-Advocacy by Children with Disabilities
- Upcoming COPAA Events
- "When You're Your Mother's Keeper"
- Discounted and Free Telephone Service
- Charity vs. Donor
- Utility Assistance
- The Benefits of Volunteering
- Expressive Therapy
- Adaptive Toys
- Making the Most of Your Charitable Contributions
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