Good news! For the first time since 2008, the Department of Veterans Affairs has announced an increase in maximum  Aid and Attendance benefits available to veterans of the armed forces. These new figures for 2012 reflect a 3.6% cost-of-living adjustment, effective December 1, 2011:

$20,447 per year (~$1,704 per month) for a qualified veteran;
$24,239 per year (~$2,020 per month ) if the veteran is married;
$13,138 per year (~$1,095 per month ) for a surviving spouse of a qualified veteran;
$31,578 per year (~$2,631 per month ) if both spouses are qualified veterans.

What is Veterans Aid & Attendance?

Veterans Aid & Attendance pension benefits are intended to be a form of financial assistance to meet the care needs of veterans and their surviving spouses. If you are younger than age 65, then you must be completely disabled in order to receive this benefit. Those over 65 do not have to be disabled. However, the veteran or spouse must be in need of regular aid and attendance due to: Inability of claimant to dress or undress himself (herself), or to keep himself (herself) ordinarily clean and presentable; frequent need of adjustment of any special prosthetic or orthopedic appliances which by reason of the particular disability cannot be done without aid (this will not include the adjustment of appliances which normal persons would be unable to adjust without aid, such as supports, belts, lacing at the back etc.); inability to feed himself (herself) through loss of coordination of upper extremities or through extreme weakness; inability to attend to the wants of nature; or incapacity, physical or mental, which requires care or assistance on a regular basis to protect the claimant from hazards or dangers incident to his or her daily environment.

It is helpful to note that not all of the disabling conditions in the list above are required to exist. It is only necessary that the evidence establish that the veteran or spouse needs “regular” (scheduled and ongoing) aid and attendance from someone else–not that there be a 24-hour need.

How do I know if I can qualify for Veterans Aid & Attendance Pension Benefits?

You or your spouse must have served on active duty for at least 90 days, at least one day of which occurred during a period designated as wartime (see below). There must have been an honorable discharge as well. Single surviving spouses of such veterans are also eligible.

Periods Designated As Wartime:
World War II — December 7, 1941 through December 31, 1946
Korean Conflict — June 27, 1950 through January 31, 1955
Vietnam Era — August 5, 1964 through May 7, 1975; for veterans who served “in country” before August 5, 1964, February 28, 1961 through May 7, 1975
Gulf War — August 2, 1990 through a date to be set by law or Presidential Proclamation

If you would like to learn more about the Veterans Aid & Attendance program and how the Farr Law Firm can help you obtain the benefits you deserve, contact us!

If you would like to sign up to receive Evan Farr’s Aid & Attendance 4-Part Mini Series via e-mail, please click here.

Filing a Veterans Aid & Attendance Claim

Budgeting is part of any effective Life Care Plan and becomes even more important when seniors experience a big life change, such as moving into an assisted living facility, losing a spouse or having a drastic change in health. It begins with an assessment of your resources and your needs. The purpose of Life Care Planning is to improve the quality of life for the person for whom we are planning. Budgeting helps us understand what tools and resources we have to work in accomplishing that goal.

As you prepare your budget, there are several basic concepts you should consider. First, you should determine your needs, broken down on a monthly basis if possible. Consider everything from daily living expenses (rent, food, utilities) to recurring monthly fees (car payments, Netflix subscriptions) and other miscellaneous expenses (charitable donations, gifts, recreational activities). Don’t forget to include extraordinary emergency expenses that could catch you off guard (replacing a roof, unexpected healthcare expenses, etc) as well.

Then think: Is your monthly income sufficient to meet your needs and, if not, how will you supplement or enhance your income to meet your needs? Be realistic. Where possible, consider limiting certain risks by purchasing insurance. If you need professional help, speak with a Certified Financial Planner or someone else who has the skills to help you establish a budget.

Armed with this, we can help you move forward in drafting a Life Care Plan (and the appropriate Medicaid planning) that will give you the best life possible, without depleting your life savings or going into debt.

To Refresh:

Create a budget by:
1. Naming categories that describe your expenses.
2. Estimate expenditures for each category. Use last year’s expenses as a guide.
3. Find areas where you can cut back.
4. Implement your budget, and stick to it.
5. Review and modify your budget at regular intervals.
Helpful Budgeting Links:

BetterBudgeting

Kiplinger Household Budgeting Worksheet

MoneyHelp Budget Planner

Key Dollar Amounts for Elder Law

You may be aware that October is National Breast Cancer Awareness Month. However, fewer people realize that before October, is September: National Ovarian Cancer Awareness Month.  More than 15,000 women will die from ovarian cancer this year, slightly less than half the number who will die from breast cancer (about 39,000).  The prevalence of all forms of cancers reminds me to remind my readers of the importance of Incapacity Planning and Asset Protection Planning.

According to HealthNews.com citing the American Cancer Society, “every year almost 22,000 American women are diagnosed with ovarian cancer and more than 15,000 die from the disease.”  According to government statistics, 207,090 women are diagnosed [with breast cancer annually] . . . and 39,840 die [from the disease].

Ovarian cancer affects women in their middle-to-later years.  9 out of 10 women who get ovarian cancer are over the age of 40, and the greatest numbers of ovarian cancers are discovered in women aged 60 years or older, according to the Centers for Disease Control and Prevention.

Asset Protection Planning and Incapacity Planning are the vital legal services where an Elder Law attorney guides the individual (or couple) through the complex Medicaid qualification, application, and approval processes.   It may be necessary to employ a complex set of asset protection strategies, saving hundreds of thousands of dollars in many cases.

Proper planning can protect the assets from nursing home creditors, allowing Americans from all walks of life to legally and ethically qualify for Medicaid and Veterans Benefits, passing on an inheritance if they so choose, and enjoy the standard of living and quality of life they prefer.

This September and October, remember the acronym, “RAP:” Recognize the risks, including your family history; Abstain from cancer-causing behavior like smoking and chronic inactivity; and Plan for the future, regardless of your current state of health.

More ovarian cancer articles you may be interested in:

Breakthrough in Ovarian Cancer Research Brings Hope
Do all contraceptives lower ovarian cancer risk?
National Ovarian Cancer Coalition
Advance Care Plan Explained

Many adults know they need a living trust – not a will – to allow loved ones to skip the dreaded probate process after they are gone.  But a lesser-known reality is that proper Medicaid planning may be necessary to ensure the standard of living does not dramatically change before death.  Proper planning can ensure access to basic dental health services, including dentures, for someone receiving long-term care benefits through Medicaid.

An unfortunate reality is that many Middle Class Americans do not realize how proper planning can save hundreds of thousands of dollars in nursing home and long-term care expenses.  Anyone can qualify for Medicaid, but for seniors in Virginia, only “medically necessary” dental procedures are covered.  With proper planning, however, one can qualify for Medicaid and receive items and services that are not covered.

One of the many problems facing seniors of today are the effects of a lifetime of wear-and-tear on teeth and gums. Receding gums, root decay, a lack of fluoride-treated water as a youth, and gum disease all contribute to an unhealthy and often painful mouth. Gums naturally recede over time, leaving the tooth root exposed, which can result in uncomfortable sensitivity to hot and cold foods. This also leave the tooth root open to decay-causing acids which over time may result in the loss of your teeth. Most municipalities didn’t have fluoride-treated water until the 1960′s (nor did we know as much about good oral health) which resulted in poorer dental health for those of generations before the 60′s. And as your dentist will tell you every time you’re in the chair, gum disease is a common but serious malady for people of all ages which can result in infection, painful tooth loss or an uneven jawbone. Over 40% of the adult population in the US suffer from some form of natural tooth loss, although the statistics are higher for those over age 65.

At a certain point, the simple joy of sharing a good meal with family and friends becomes a painful or embarrassing ordeal for many seniors. The classic solution is dentures. But dentures are expensive (ranging from a few hundred dollars to several thousand per pair), and seldom fully covered by insurance companies. If you or a loved one are already enrolled in Medicaid, you know that unfortunately it does not cover dentures–however, the money you’re saving on expensive nursing home care can be put towards bettering your comfort and standard of living, with items such as dentures.

Even if you’ve been diligent about oral health your entire life, as you age you might face some practical challenges in keeping it up. Arthritis makes gripping the slim handle of a toothbrush painful, but don’t let this to get in the way of continued good oral hygiene. Consider inserting the handle of the tooth brush into a tennis ball. Or perhaps invest in an electrical toothbrush that can get the job done with less manual movement. For flossing, there are many assistive picks and devices available in the supermarket that can make flossing easier for those with dexterity problems.

Finding a solution that works for you–whether it be dentures or continuing your dedication to good oral health–can help you retain the charming smile you remember. If you need guidance in figuring out how to afford the best long-term care possible for yourself or a loved one, we can help. Call us at 703-691-1888 to make an appointment for your complimentary consultation.

When it comes time for a child or parent to begin making plans for the beloved but aging senior in their life, the myriad of choices, paths, options and steps to take can seem endless and overwhelming–so much so that many dejectedly assume that nursing home care is the only option. But this isn’t always true! While some healthcare needs will eventually require the long-term care that a nursing home can provide, for others the goal is to stay in the comfort of their own home as long as possible. Fortunately, it IS possible to receive care at home and obtain Medicaid benefits. Medicaid application for a nursing home and for home-based care are somewhat different processes, but we regularly handle both at our Firm. In fact, home-based care is slowly becoming more popular with our clients as a means of staying in their comfort zone for as long as possible.

With this in mind, the Farr Law Firm is excited to announce a new relationship with American Care Partners @ Home Inc., a locally owned and operated at-home care agency based in Falls Church and serving the Northern Virginia area. This group offers a wide array of in-home care services, from a few hours of care a day to 24-hour round-the-clock supervision; from something as basic as simple companionship to assistance with household chores and errands. American Care Partners is unique in that their staff of physicians will conduct house calls to their patients right in their own homes, at no additional charge–“the 1940′s are back!” is what they say! And best of all, America Care Partners @Home Inc. are Medicaid approved and we look forward to working with them to attain the best possible care for our clients under Medicaid.

Another home-care company that we often recommend is HomeWell Senior Care, a nationwide organization with a very successful branch here in Virginia. HomeWell was founded by a caregiver in 1996 and focuses on “maintaining independence with quality home care for seniors.”

We at the Farr Law Firm enjoy working with these companies because they have a complete understanding of the Medicaid billing process, which makes things run smoothly. We strive to make the process of finding the best possible care for your loved one as stress-free and streamlined as possible for you and your family, and American Care Partners @ Home Inc., and HomeWell Senior Care are our integral partners in achieving that goal. If you have a parent or spouse in need of home-care, please contact the Farr Law Firm at www.farrlawfirm.com or by calling 1-703-691-1888 for your complimentary initial consultation. We can help you determine your financial options for long-term care and create the best possible care plan for your loved one.

For more information about American Care Partners @ Home Inc., visit them online at www.americancarepartnersathome.com or call at 703-261-4146.
For more information about HomeWell Senior Care, check out their website at www.homewellseniorcare.com or call 1-888-9-SENIOR.

Evan H. Farr, CELA

When older adults think of estate planning, many actually have asset protection in mind. What they want is the peace of mind of knowing that the nest egg they’ve been saving for that proverbial “rainy day” will actually be available for them when that rainy day comes. The rainy day, for most people, is when they or their spouse enters a nursing home.  But estate planning and asset protection are two very different fields of law. Estate Planning documents do nothing to achieve asset protection, as Estate planning deals with distribution of assets upon death.  If you wind up going broke in a nursing home before your death, your Estate Plan will wind up being a worthless pile of paper.

These days most older adults use the Revocable Living Trust (RLT) as their primary Estate Planning document in order to minimize delays and expenses and avoid the “nightmare of probate.”  A Last Will and Testament is designed to put your estate into probate – an expensive and complex process that most people want to avoid at all costs.  Although the RLT can achieve this important goal of avoiding probate, a major limitation of the RLT is that it cannot accomplish asset protection. The RLT can’t shield your assets from nursing home expenses.  With the average cost of a nursing home room in the DC Metro area at around $9,000 per year, this is an important limitation of the RLT that every older adult needs to understand.

Is there a living trust that actually does protect assets in contemplation of future nursing home expenses?  Yes. You can protect your assets legally and effectively by using the Living Trust Plus^TM (LTP).  As opposed to the RLT which only avoids probate, the LTP is designed to protect your assets from the expenses and complexities of probate PLUS lawsuits PLUS nursing home expenses. The LTP functions very similarly to the RLT and maintains much of the flexibility of the RLT, but in addition to serving as your primary estate planning document, the LTP allows you to actually protect your nest egg from having to be “spent down” to pay for the catastrophic expenses often incurred in connection with nursing home long-term care.

If you’re over the age of 65 and you’ve been holding on to a nest egg for a rainy day, the time to get out the umbrella and protect the nest egg is now, while you’re still relatively healthy and living independently. To find out more, you can sign up yourself and your family to attend a free seminar on the Living Trust Plus^TM.

If you are an attorney and are interested in learning how you can offer your clients true asset protection, visit LivingTrustPlus.com and join the dozens of attorneys across the U.S. who have already educated themselves and embraced the LTP!

Evan H. Farr, Certified Elder Law Attorney

“Getting old is not for sissies” goes the quote. Perhaps one of the biggest challenges people face as they age is a seemingly inevitable and impending change to their living situation, whether it be due to health concerns, financial circumstances or both. This feared transition may not be so inevitable after all.  With the right plan, seniors can qualify for Medicaid, take advantage of today’s latest elder care technologies, and protect the assets which otherwise could be drained by the catastrophic costs of long-term care.

Most people are familiar with care options such as In-Home Care, Assisted Living, and Nursing Homes.   But now, a fourth option is gaining popularity: Aging-in-Place . . . a care option that allows individuals to continue living independently in their own home without the need for a live-in caregiver.

TabSafe

Drug compliance is the most common issue for those living alone. For those with memory issues, pill-reminder services and gadgets can issue daily visual and audio alerts to take medication, dispense the correct pills at the right times, and can even send a confirmation message to a caregiver once the medication has been dispensed. If a dosage is missed, an alert is sent to the caregiver and appropriate action can be taken.  The  TabSafe is one such product; you may visit their website here.

Falling is the leading cause of injury and death among those ages 65 and older.[1] For those with a high fall risk, monitoring devices like eNeighbor use unobtrusive sensors to monitor a resident’s daily routine. If the resident were to fall and not be able to get up or reach the phone for help, the device would trigger a phone call to a list of contacts as well as a 24-hour call center.

HomMed Genesis

“Remote monitoring” is an in-home technology that measures vitals such as heart rate, body weight, blood pressure, and blood glucose levels–making it useful to patients with a variety of health concerns, from cardiovascular disease to diabetes.  Check out the HomMed Genesis.

These latest technological advancements are not necessarily cheap.  One of the goals we at the Farr Law Firm seek to accomplish through our Level 4 Planning is to protect assets from the disastrous expenses of long-term care, so that some of those assets can be used to enhance the standard of living with goods and services not covered by government financial assistance, such as the ones I’ve described.  Of course, if Aging-In-Place is not the ideal option for you, we can help you prepare for and decide on your other long-term care options.

If long-term care planning is a relatively new subject area for you or your family, I suggest you take a few moments to watch this segment from the National Business Series.

If you have been contemplating you or a loved-one’s long-term care options, we can provide the solutions that you may be looking for. Achieving long term peace of mind is an invaluable asset that we are honored to assist you with. Please do not hesitate to call us at 1-800-399-FARR to schedule a free, initial consultation.

Today’s  women are decision makers.  For some couples, the woman is THE decision maker, and there’s nothing wrong with that.  For example, in nearly 8 out of 10 cases where married couples purchase a vehicle, it is the woman who makes the final decision.  And because women outlive men by 5.4 years on average, women frequently make decisions that have long lasting effects upon their children, their spouse, and even their parents.

Today, I want to offer 3 tips to help open the lines of communication between parent and child when it comes to the difficult subject of long term care.

Tip 1: Explain that Elder Law Attorneys are Passionate About Their Clients – Elders!

Elder law attorneys have deliberately chosen a career in a specialized area of law to serve elders.  Moreover, Virginia Rules of Professional Conduct require lawyers to act in the best interests of their clients.  The client of an elder law attorney is the elder.  Not the child. 

Elder law attorneys are equipped to facilitate familial harmony; they place the client’s concerns at the forefront of any discussion, and they orchestrate a plan that can protect a nest egg from the catastrophic expenses of long term care and improve quality of life.  An inheritance is nice – and usually a much larger inheritance is a by-product of the plan devised by an excellent elder law attorney – but the first thing I explain to families I meet with is that the inheritance is not the focus.  My client’s quality and dignity of life is priority #1.

Tip 2: Gather Information with Parents in No-Pressure Environment

Parents love to do things with their kids, and adult children likewise value the time they have with their aging parents.  One easy way to spend time with your parents while gathering information is to attend a free seminar hosted by a local elder law attorney.  Don’t be afraid to research, communicate and explain important statistics to your parents.

Tip 3: Use Easy to Understand Statistics to Convey Your Message:

Did you know that if you are over age 65:

• you have a 7.2% chance of having an auto accident every year;
• a 6.15% chance of needing to file a homeowner’s insurance claim; and
• a 70% chance of needing long-term care?

Over half of those who need long-term care will require a nursing home.

Here is the statistic you must be concerned with:

• 13% of drivers are uninsured;
• 15% of homeowners are uninsured; but
• 90% of senior citizens are uninsured and unprotected against long term care needs.

This means;

1. 87% of people insure themselves against an event that has a 7.2% annual probability;
   

2. 85% of individuals protect themselves against an event with a 6.15% annual probability; but

3. Only 10% protect themselves from an event with a 90% probability!

Why is it important to plan for long term care?  Primarily because the expenses of long term care are catastrophic and can wipe out a nest-egg in less than a year.  50% of couples and 70% of singles are impoverished (broke) after one year of entering a nursing home.

Medicaid is a government program meant for those who plan for it.  I encourage you to attend a free seminar on the subject, as it is shocking that so many smart people do not realize that Medicaid – not Medicare – can be used to pay for long term care.

One common misconception is, “We don’t need to plan for our long term care yet, we’re only 65.”  Almost half of all long-term care claimants are under age 65 at the time of disability.  Every day that goes by without a plan, the family is risking possible delay or even forfeiture of government benefits that are meant to pay for catastrophic long term care costs.

Talking to your parents about their long term care options can be understandably difficult, and no other generation has had to simultaneously balance so many familial responsibilities at one time.  But there is a new breed of estate planning and elder law that takes a family-friendly, solution-based approach making it easier to discuss difficult subjects.

While it’s no secret that Alzheimer’s Disease can cause confusion in the estimated 5.1 million Americans directly affected by the disease, both researchers and the general public have spent years perplexed by the disease as well.  For a look at some of the most common misconceptions about Alzheimer’s Disease, see the Alzheimer’s Association‘s list of the top 8 Alzheimer Myths.

The Alzheimer’s Association, which calls Alzheimer’s Disease “the defining disease of the baby boomers,” points out that “too many of America’s baby boomers will spend their retirement years either with Alzheimer’s or caring for someone who has it.”  The Alzheimer’s Association also points out that although death rates for other major diseases — HIV, stroke, heart disease, prostate cancer, breast cancer — are declining, “Alzheimer’s is the only top 10 cause of death without a way to prevent, cure or even slow its progression.”

There is no question that Alzheimer’s Disease is a growing concern, especially as the number of America’s baby boomer and elders continues to rise.  But despite the disease’s prevalence, there are already two positive developments in 2011.  First, researchers seem excited about a new means to predict — and perhaps one day to diagnose — the disease with certainty in the living.  Second, an unlikely team of players  has unified on the front lines…from an NFL superstar to some of America’s largest pharmaceutical companies.

Three Recent Studies Suggest ‘Biomarkers’ Could Play Pivotal Role in Predicting Alzheimer’s Disease

What is a biomarker? AstraZeneca defines the term as:

“a characteristic that is objectively measured and evaluated as an indicator of normal biological processes, pathogenic processes, or pharmacological responses to a therapeutic intervention.”

In essence, a biomarker is an identifiable variable that can be measured in humans.   While this may sound like a very broad definition, the breadth of the concept is what makes it so promising.

A recent study, published in the Journal of the American Medical Association (JAMA) and reported by Senior Journal,  aimed to investigate a potential relationship between “plasma beta-amyloid 42 and 42/40 levels and cognitive decline in a large group of community-dwelling older adults without dementia.”

The study found that older individuals who do not suffer from dementia, but have lower levels of “blood plasma and biomarkers beta-amyloid 42/40 (protein fragments),” may be at an increased risk for experiencing cognitive decline later in life:

“[The use of] biomarkers to identify elderly persons at risk of developing dementia could be useful for early prevention, if and when such interventions are available, and treatment.”

In a different study, three specific proteins in cerebrospinal fluid were found to potentially “spot” Alzheimer’s disease.  That study appeared in The Archives of Neurology.  The BusinessWeek article on this study is available here.  Of note, the Senior Director of Medical and Scientific Relations at the Alzheimer’s Association had this to say:

“This just reinforces the recommendation by [Alzheimer's working groups] saying that biomarkers can actually be incorporated today into clinical practice in order to add a certain piece to the diagnosis if patients are already presenting with something that looks like Alzheimer’s.”

Still another study carried out by the Texas Tech University Health Sciences Center and the Texas Alzheimer’s Research Consortium, reported by Ivanhoe Newswire, found that blood serum biomarkers PLUS other clinical information could be used to more accurately classify patients with Alzheimer’s.  Commenting on the importance of such studies, the authors say:

“There is clearly a need for reliable and valid diagnostic and prognostic biomarkers of Alzheimer’s disease, and in recent years, there has been an explosive increase of effort aimed at identifying such markers.”

The Texas Tech study authors are optimistic:

“With the rapidly evolving technology and the analytic techniques available, Alzheimer’s disease researchers now have the tools to simultaneously analyze exponentially more information from a host of modalities, which is likely going to be necessary to understand this very complex disease.”

Pharmaceutical Companies are Uniting to Fight Alzheimer’s Disease

CNN reported recently on Big Pharmaceutical companies uniting to share data in an effort to better understand the disease:

Numerous Celebrities Help Raise Awareness of Alzheimer’s Disease

Dozens of national celebrities have been helping to raise awareness of the devastating toll that Alzheimer’s Disease takes on our society.   Here’s a “Behind the Scenes” look at some of the Alzheimer’s Association’s Celebrity Champions:

This CNN story (and the video below) highlights the emotional toll that Alzheimer’s disease has had on one such Celebrity — NFL star Terrell Owens.  Mr. Owens’ battle against the disease on behalf of his mother has touched hearts and inspired many:

Recognizing Early Symptoms is Important: Top 10 Signs

The Alzheimer’s Association provides 10 ways to spot early-onset symptoms here.  Summarized by MayoClinic, you will find them listed them below for your convenience:

Memory loss that disrupts daily life

Challenges in planning or solving problems

Difficulty completing familiar tasks at home, at work or at leisure

Confusion with time or place

Trouble understanding visual images and spatial relationships

New problems with words in speaking or writing

Misplacing things and losing the ability to retrace steps

Decreased or poor judgment

Withdrawal from work or social activities

Changes in mood and personality

Have you Heard of Alzheimer’s Planning?

Many people are unaware that Alzheimer’s Planning is a sub-specialty of Elder Law.  It involves a unique and complex combination of estate planning, long-term care planning, asset protection, Medicaid planning, and nursing home planning, and requires a specialized knowledge of the legal and financial problems and issues that are unique to families dealing with this devastating illness.  We at the Farr Law Firm routinely assist clients with all of the financial and legal issues surrounding Alzheimer’s Disease.

One of the primary goals of Alzheimer’s Planning is to ensure the highest possible level of personal dignity and quality care for the remaining lifetime of the Alzheimer’s patient. To achieve this goal, it is often necessary to protect assets as quickly as possible, so that if the Alzheimer’s patient  must enter a nursing home, Medicaid can be obtained as soon as possible. Money that is protected through Alzheimer’s Planning can often be used to provide the Alzheimer’s patient with an enhanced level of care and a better quality of life while in the nursing home and receiving Medicaid benefits.

Conclusion

There is still a long way to go in predicting, diagnosing, and ultimately preventing Alzheimer’s disease.  But with help coming from all directions – the steady fight of the Alzheimer’s Association in leading the global fight for a world without Alzheimer’s, new research methods and tools, consolidated efforts from Pharmaceutical Companies, and the increased awareness created by dozens of celebrities who have been personally touched by this destructive disease — hopefully greater strides for combating this disease are in store in 2011 than ever before.

The Alzheimer’s Association, mentioned several times in this article, is the leading voluntary health organization in Alzheimer’s care, support and research. The Association’s mission is to eliminate Alzheimer’s disease through the advancement of research; to provide and enhance care and support for all affected; and to reduce the risk of dementia through the promotion of brain health.  If you have a question about Alzheimer’s disease, if you’re providing care for someone with memory loss, or if you’re experiencing memory loss yourself, the highly trained and knowledgeable staff of the Alzheimer’s Association can assist you at any time — just call their 24/7 Helpline at 1-800-272-3900.

Lastly, don’t overlook the quality of life and dignity that can be preserved through Alzheimer’s Planning.  Until there is a cure or vaccine for Alzheimer’s disease, the focus for many families is on ensuring the quality of life and dignity of those suffering with this disease.  For more on Alzheimer’s Planning, please visit us at http://AlzheimersPlanning.com.

Evan Farr, CELA

Why is it that our most sensitive, personal data is often in an unorganized state of disarray? Most of us probably could more quickly pull a given DVD or book from our collections than proffer to a doctor a condition or illness we may have suffered 1, 2, 5,  or 10 years ago!

The electronic consolidation of health information is finally coming to fruition, as States, entities, and individuals are being presented with incentives (including common-sense!) to upgrade health information exchange technology. Absent privacy concerns, the benefits patients will receive are astonishing. Money will be saved, as will be lives. For example, we can eliminate duplicative and/or unnecessary tests. They will be a burden of the past. Doctors will be enabled to more accurately diagnose and treat patients.

I want to distinguish between two common terms that are sometimes incorrectly used interchangeably. An Electronic Health Record (EHR) is maintained by a person’s provider, whereas a Personal Health Record (PHR) is a consolidated electronic record of information, derived from numerous sources, and controlled by the individual. Both are essential to the dignity of healthcare in the wireless age moving forward.

EHR’s are useful; they document medical progress, treatment, and records rendered by a given provider. If you would like more information on EHR’s, Centers for Medicare & Medicaid Services provides an informative online overview here.

According to the Center for Medicare and Medicaid Services, approved hospitals and healthcare professionals will begin receiving incentives (payments) if they implement a “meaningful use of certified EHR technology.” This phrase is the standard established by the “HITECH” Act (the Health Information Technology for Economic and Clinical Health Act).  The Incentives Program begins in January 2011 and is scheduled to run for 10 years. The proposed timeline, in my opinion, correctly includes a generous “buffer” period (when incentives will no longer be provided) for the Medicare and Medicaid programs to initialize IT overhauls. This period of time should be more than enough for entities that lag behind the trends; once the efficiency of EHR technology is realized and in full-swing, I find it hard to believe that any state or eligible and able organization would forego the receipt of incentive payments to utilize technology they would otherwise need to implement to stay competitive and viable.

As I alluded to earlier, privacy concerns are real. In fact, medical conditions and diseases have historically been treated as among the most confidential of all personal information. I am happy to see that CMS has worked alongside the Office of the National Coordinator for Health Information Technology, with the purpose of instilling standards and criteria for EHR technology. In addition, CMS is working with the Office for Civil Rights to focus on privacy-related concerns. As the year draws to a close, I will update my blog with developments within the realm of EHR’s and privacy. For now, I will refer you to The Office of the National Coordinator for Health Information Technology Privacy and Security Page.

It appears that 2011 will be a year of important decision-making at the State level. I will continue to update my blog with developments and my thoughts. I would like to shift to another concept – the PHR – which I mentioned earlier.

I want to touch on three aspects of PHR’s that I believe are important – Control, Security, and Consolidation.

As I noted above when distinguishing EHR’s from PHR’s, a PHR is within (almost) complete control of the individual. This feature alone is what I believe will bring the American public on board to the entire electronic health information idea. I use the word “almost,” because sometimes a health plan provider will automatically create and maintain PHR’s, while others require the individual actually enter the information manually. Whatever the case may be, “Notices of Privacy Practices” generally require disclosure of the measures in place to keep the information safe and secure.  Moreover, companies have correctly realized that PHR’s should be readily accessible by allowing for unique user ID and password protection.

Consolidation is the key. It’s the key to saving money and saving lives, as my title indicates. The information consolidated by a PHR can vary, but may include important data such as emergency contacts, medication dosage and history, previous surgeries, allergies, hereditary conditions, and more. For information on selecting a PHR, visit Medicare online.

We have come a long way. I am happy to live in a proactive country with a government that insists on promoting advances that can save lives. We have the legislation (The HITECH Act), but now we need the participation. States and Medical providers will ultimately decide whether to take advantage of the incentives to put health technology in place.

At the Farr Firm, we have always taken your health and privacy concerns seriously. For many years, we have used the most advanced measures available to ensure that our clients (and their healthcare providers) have private access to their healthcare records.  For instance, for over a decade we have offered to register the Advance Medical Directives (AMDs) of our clients (and more recently, the Child Protection Plans (CPPs) of our clients), with an electronic registry, at no cost to our clients, to make these documents available in an emergency or simply for convenience.  DocuBank is the registry we currently use – an organization that has been trusted for many years with electronic storage of medical records. These records can be retrieved online by hospitals. The benefit of registering PHR’s in the context of an AMD or CPP is enormous. AMD’s are critical in emergency situations. According to their site, “a study in the Journal of the American Medical Association, living wills are not accessible in 74% of cases when needed in hospitals.”  Although this study was performed in 1998, I don’t think we have advanced tremendously since then. With the HITECH Act, I do think that America is finally on the cusp of revolutionizing healthcare information technology.

Whether you have a young family, or a family with seniors who are contemplating long-term care options, we can provide the solutions that you may be looking for. Achieving long term peace of mind is an invaluable asset that we are honored to assist you with.  Please do not hesitate to call us at 1-800-399-FARR to schedule a free, initial consultation.