Preventive health care is important at any age, but never more so than as we get older. Many of the major cancers that can be screened for - such as breast and colorectal cancer - are typically diagnosed at about age 70. After age 55, people have a 90 percent chance of developing high blood pressure, putting them at higher risk for heart disease and stroke. "The payoff in terms of prevention in geriatrics is more upfront and more immediate," says geriatrician Peter Hollmann, chairman of the public policy committee for the American Geriatrics Society. Starting in January 2011, the new health-care law will make it easier and cheaper for seniors to get preventive care. Medicare beneficiaries will be able to receive for free all preventive services and screenings that receive an A or B recommendation for seniors from the U.S. Preventive Services Task Force. That includes mammograms and colorectal cancer screening, bone mass measurement and nutritional counseling for people at risk for diet-related chronic diseases such as diabetes. Medicare beneficiaries will also get a free annual wellness visit under the new law. The visit will cover a number of services, including a health risk assessment and a review of the person's functional and cognitive abilities.

Seniors will see a modest increase in prescription drug premiums in 2011, but benefits will also improve.  According to Medicare, the average monthly premium charged by Medicare will rise to an estimated $30 in 2011, an increase of $1 over 2011. However, seniors are urged to check their particular plan to determine their exact premium increase. 

Additionally, seniors with high drug costs can look forward to a noticeable improvement in 2011.  The new federal health care laws will begin to close the coverage gap known as the doughnut hole.  Medicare recipients in the gap will get a 50 percent discount on brand name drugs, and 7 percent off of generic drugs.  The discounts will gradually increase until the gap finally closes in 2020.   

 Normal 0  > Exercising in your 40's, 50's and 60's is like saving for your retirement, experts say. Starting early is money in the bank, but even late bloomers can reap astonishing benefits. "The game isn't over, even if you haven't been active," said Dr. Angela Smith, past president of the American College of Sports Medicine. "Aerobic fitness, bone health, agility, you may be able to catch up. It's remarkable to see the things people can actually do." Smith, a physician at Philadelphia Children's Hospital, said studies have shown that even octogenarians can double their strength with weight training. "There's good evidence that among people who have arthritis, the stronger have less pain, and that getting fit decreases the chance of having cancer," she said. But if you're a former high school athlete who became sedentary as your temples grayed, don't expect your history to save you. "Some of the benefits you built up aren't going to maintain themselves if you become a couch potato," Smith said. "That wonderful bone strength you built in your 20's will melt away a lot faster if you don't stay active." Smith said logic dictates that 40-, 50- and 60-year olds need to pay attention to all components of fitness. "Make certain to do flexibility, strength and aerobic training, even if you have to decrease the amount of impact. A jumping sport may be difficult. But many of the non-sport activities, swimming, weight training, yoga, people can do just fine in 40's, 50's, 60's."

We are pleased to announce that Jerold E. Rothkoff has been voted by fellow attorneys as a Top 2010 Elder Law Attorney in the August 2010 addition of SJ Magazine.     

On July 28, 2010, the 3rd Circuit Federal Appeals Court issued its decision in the case of Sable vs. Velez.   The issue in the Sable case was whether a promissory note pursuant to the Deficit Reduction Act (DRA) was considered an available asset to determine countable assets for nursing home Medicaid eligibility.  The NJ Department of Health and Senior Services argued that a promissory note used for Medicaid eligibility purposed was nothing more than a "trust like" device and therefore should be considered a countable asset under Social Security law.

The 3rd Circuit remanded the case to the Federal District Court due to an error of law for the lower court to perform a correct analysis under Federal law to determine whether a DRA compliant promissory note was a "trust like" device.

The Sable case is considered a victory for nursing home residents and their families. Please contact our office should you have any questions regarding the use of promissory notes for Medicaid eligibility purposes.