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ELDER LAW
An overview of this area of the law might be helpful.
There are many programs and laws that cover elderly individuals. These
areas often overlap and can sometimes be confusing. Generally, the
areas that are associated with elder law will be Retirement Benefits,
Wills and Trusts, Power of Attorney, Healthcare Declaration (living
will), Tax planning, Medicare and Medicaid, Long term Care,
Guardianships, Nursing home rights, and Community based services. This
is certainly not a definitive list but rather a broad stroke depicting
the many areas with which the elderly will have to deal.
One area that causes a great deal of confusion is the
distinction between Medicaid and Medicare. Medicare is a
federally funded health insurance program for individuals who are 65
years and older. Medicaid is public assistance that will cover the
cost of long-term nursing home care for those individuals who meet
certain qualifications. Medicare is a Federal health insurance program
for senior citizens. Medicaid is a joint federal and state program. At
the federal level, the Department of Health and Human Services is
responsible for approving each state's plan of participation in the
program. A second agency, the Centers for Medicare and Medicaid
Services (CMS), is responsible for overseeing the state programs.
With the competing agencies at both the federal and
state levels of government, it is no wonder, individuals are confused
when it comes to making decisions in these areas of the law.
Additionally, Missouri is now in a reorganization process of revamping
the Medicaid program. An overview of the reworked program can be
reviewed on the State's Transition Paper.
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