Elder Law and Medicaid Planning

Elder law encompasses a wide range of practice areas, including estate planning, long-term care planning, Medicaid planning, asset protection, guardianship, and more. At Rampulla & Newstad LLP, we use all of these strategies to help elders and their families manage the challenges that come with growing older.

And remember – it’s never too late to start planning. It’s only too late if you file for Medicaid at the wrong time. But with our experienced team, that’s not going to happen.

Long-Term Care Planning

One of the top challenges for seniors is finding ways to pay for long-term care. Americans are living longer than ever before. And while this is great news, it comes with a downside. Many of us will eventually need long-term care, and this care is expensive.

In the state of New York, the median annual cost of a private room in a nursing home was more than $158,796 in 2021. In the state of New Jersey, the median annual cost of a private room in a nursing home was more than $145,812 in 2021. The cost of nursing home care and other types of long-term care are expected to rise dramatically in the future. Sadly, many families exhaust their life savings within a year or two of a family member entering a nursing home. Fortunately, we can help you obtain the care you need without losing the assets you have worked a lifetime to build.

Long-Term Care Planning with Medicaid v. Medicare

Many people are confused about the difference between Medicare and Medicaid when it comes to paying for long-term care. By and large, Medicare does not cover long-term nursing home care. Medicare Part A will pay for up to 100 days in a skilled nursing facility for a particular illness, and only after the individual has spent at least three days in a hospital. Another problem is that from day 21 to day 100, a patient in a skilled nursing facility must make a copayment of $176 per day (this is the copay in 2020).

Medicaid, on the other hand, will cover long-term nursing home care for those who meet its asset and income levels. Given the high cost of nursing home care, the lack of affordable alternatives, and the limited nature of Medicare coverage, Medicaid is now the largest payer of nursing home stays in the United States. There are many Medicaid insurance programs available in New York and New Jersey, including basic medical coverage and nursing home programs.

It’s incredibly important to speak with an experienced attorney before you file your application. Rampulla & Newstad LLP can help you create a comprehensive application plan that will protect yourself and your loved ones. It’s no secret Medicare and Medicaid are not user friendly, but we are here to help!

Medicaid Crisis Planning

A Medicaid crisis is a situation where an individual must enter a nursing home quickly and has been informed that they are not eligible for Medicaid benefits to help pay for their care. Given that in New York and New Jersey the median annual cost of a private room in a nursing home exceeds $145,000, this is indeed a crisis situation for the vast majority of families. In fact, many families exhaust their life savings within a year or two of a family member entering a nursing home.

But you don’t have to give away everything you have to the nursing home!

If you are currently facing a Medicaid crisis, there are several Medicaid long-term care programs available to New York and New Jersey residents. These programs have different operational and eligibility requirements, together with varying benefits. We are experienced with all aspects of Medicaid in both states and can help you become eligible for benefits to pay for your care.

We have helped many families manage Medicaid crisis situations and obtain necessary care without going broke. We welcome the opportunity to do the same for you and your family.

With proper planning, Rampulla & Newstad LLP can help you get the care you need while protecting your assets. We will help you determine how you can best plan for long-term care and how you can obtain assistance from Medicaid.