What's New at Smith Barid

2012 is here and man are Mike and Richard busy! Richard was selected by other attorneys in Georiga as one of the 2011 Gergia Trend’s Legal Elite, for his hard work and dedication to the practice.  Mike’s hard work and dedication has earned him an appointment on the Board of Directors for the Georgia NAELA Chapter and the Advisory Board for the Greater Savannah Sports Council.

The guys have also enjoyed being in the Savannah spotlight lately, educating the community on estate planning issues and veterans’ benefits.  So far this year they have appeared on WTOC Midmoring Live to talk about Pet Trusts and have given talks at Senior Citizen’s Inc. about elder law and VA Aid and Attendance benefits.  Later this month, Richard will be part of a presentation offered by Visiting Angels to the local Polio Survivor’s Group at Memorial.  If any of your clients are veterans or are interested in long term care planning and missed earlier presentations, please invite them to join us on Saturday, March 31st at 2pm at River’s Edge Senior Living Community to learn how veterans or their surviving spouses could qualify for up to $2,019 a month tax free!  Anyone interested can contact Samantha at 912-352-3999 for a reservation.

If you haven’t already heard, Mike’s getting locked up to help in the fight against Muscular Dystrophy and we need your help to raise his bail before the goes to jail! The 2012 Southside Savannah Lock-Up takes place on 03/07/2012.  Your support will help families living in our community with the muscle disorder and help guarantee that he gets out of jail and comes back to work.  Please support us in this important goal by visiting his fundraising page and making a contribution and we will be sure to add you to our list of contributors.  Your tax-deductible donation makes a difference to hundreds of kids, adults and their families who live right here in our local community.

Finally we would like to let all of you know that we will no longer be hosting the monthly CE for CFPs Teleconference.  We will really miss our chance to interact with you on a monthly basis and welcome you to join us for lunch if you have any questions or ideas to discuss.

Have a happy St. Patrick’s Day!

Supreme Court Issues Opinion on Medicaid Rate Cuts in California

Today, the Supreme Court published it's opinion in the case of Douglas v. Independent Living Center of Southern California, Inc. Coming out of the Ninth Circuit in California, the case dealt with the issue of rate reductions to Medicaid providers in California. In a five to four opinion authored by Justice Breyer, the court essentially punted on the question of whether providers and Medicaid recipients have standing to bring lawsuits against the state under the Supremacy Clause in the Constitution. The court ruled that the fact that California and CMS (Centers for Medicare and Medicaid Services) had agreed to the rate reductions sought by California subsequent to the filing of the lawsuits placed things in a different posture such that the Supremacy Clause issue was not properly before the court. The court vacated the Ninth Cicuit's judgments and remanded the cases for further proceedings in the Ninth Circuit. Here's the full text of the decision.

Nursing Homes: Six Tips for Helping Your Parents Choose a Nursing Home

1 - Do Your Homework

As with most things in life, it's best to plan ahead. You want to begin considering nursing homes before your parent might be in need of one. It's always a bad idea to make important decisions when you are in crisis mode. If you have not planned ahead and your parent suddenly is in need of a nursing home (it tends to sneak up on you), then you will be in crisis mode, stressed out and overwhelmed and you might not make the best decision for your parent.

2 - Check Accreditation and Staffing

It's important to make sure that the nursing home you are considering is safe and in compliance with accreditation standards. The easiest way to do that is to check the Joint Commission on the Accreditation of Healthcare Organizations' website. You can also use the Nursing Home Compare tool on Medicare.gov to compare nursing homes in your area.

3 - Talk with a Professional

A geriatric care manager can be an invaluable resource for you in trying to determine what nursing home is best for your parents and in acting as an advocate for your parent after they have entered the nursing home. You can find a geriatric care manager in your area at the National Association of Professional Geriatric Care Managers website. It is also important to enlist the aid of an elder law attorney who can help you navigate the various benefit programs that may be available to your parent to help pay for their nursing home care. Additionally, elder law attorneys are a great resource who, because they work with many clients involved in similar situations to your parents, know a lot about the quality of the nursing homes in your area and what resources are available to assist you. Additionally, seniors often have legal needs that are different from those of younger folks for example, we might be able to help your parents qualify for Veterans Aid and Attendance or Medicaid.

4 - Speak to Residents and The Loved Ones Who Visit Them

This is the best way to get a real sense for the quality of a nursing home. Who knows better than the residents the quality of care provided at a nursing home? Ask about the quality of the care and the quality of the food. Family members of residents can give you their impressions and talk about how satisfied they are with the nursing home.

5 - Ask for An Activity Calendar

Nursing homes typically post up a calendar of events planned for the week. Ask for a copy of the activities calendar when you are visiting to see if the activities being promised by the marketing folks you are meeting with are actually happening. If you see a room full of residents sitting glassy eyed in front of the television, it's not a good sign.

6 - Be an Advocate for Your Parent

Be an advocate for your parents and for their needs. No one will take a greater interest in your parents' care than you. Visit the nursing home early and visit often. The more you visit your parents at the nursing home, the better care they will receive. Nursing home staff knows which residents' families visit and will make sure that the residents with visitors are well taken care of.