The adult children of elderly parents in many states could be held liable for their parents' nursing home bills as a...Read more
Law Enacted Offering Caregivers Some Relief
- December 26th, 2006
Before adjourning, the 109th Congress unanimously approved a bill that will provide a measure of relief for the millions of Americans currently providing unpaid care in their homes to the elderly or those with special needs. President Bush has signed the bill into law.
The Lifespan Respite Care Act (HR 3248) authorizes nearly $300 million in grants to states over the next five years to help families hire temporary help to relieve primary caregivers. Building on programs in states like North Carolina, the new federal law will provide respite services regardless of age, income level or condition severity.
Starting in 2007, the new federal law will give states money to provide respite care services for family caregivers caring for children or adults, to train and recruit respite care workers and volunteers, and to provide information to caregivers about available respite and support services. States will make proposals to the federal government on how to spend the money and will compete for grants, so every state's program will be somewhat different. No doubt demand will outstrip available services. Thousands of families are on a waiting list for North Carolina's current program.
"The new law . . . is part of a growing effort by the federal government to encourage home care as a way of saving money in other programs, especially Medicaid, for the high cost of nursing homes," wrote The Wall Street Journal. The Journal points out that if respite care delayed every senior's institutionalization by one month, it could save the government as much as $1.12 billion a year.
National Respite Coalition chairwoman Jill Kagan said that "in the short term, [the new law] will ease the burden on Medicaid and Medicare. But in the long term, it won't avoid nursing home placement, but it will be cost saving."
For information on the development of programs in your state, check with your Department of Health and Human Services (or the equivalent agency).
To read the new law, go to http://thomas.loc.gov, enter Bill Number "HR 3248" and then select version four, "Enrolled as Agreed to or Passed by Both House and Senate."
To read the article on the new law in The Wall Street Journal, click here (subscription required).
For an article on the need for respite care services in the Rochester, New York, area, click here.
Local Elder Law Attorneys in Ashburn, VA
Hale Ball Carlson Baumgartner Murphy PLC
Attorney Samantha Simmons Fredieu is an associate at Hale Ball. Ms. Fredieu graduated magna cum laude from Vermont Law School where she was the symposium editor on the Vermont Law Review, a production editor on the Vermont Journal of Environmental Law, and a member of the Moot Court Advisory Board. She has clerked for...
Needham Mitnick & Pollack, PLC
Judith Mtinick is well known for acting as a guardian, conservator, trustee or agent on behalf of clients or by court appointment. This experience gives her a wide perspective and extensive practical knowledge that she uses when advising clients in drafting their planning documents. Her experience, as a court appointed...
Margaret A. O'Reilly, PC
Margaret A. O’Reilly is an estate planning and elder law attorney with over thirty-five years of legal experience. Attorney O’Reilly graduated from Duke University with a degree in psychology, and received her law degree from Northeastern University School of Law in Boston, Massachusetts. For over 15 y...