What happens when a spouse dies and there is no Will?  There is a common, but mistaken, belief that when a spouse dies without leaving a Last Will, the surviving spouse inherits all of the deceased spouse’s property.  Community property laws, like those in Texas, which include marital property and inheritance rules, have traditionally extended greater protection to women and spouses,* however the rules are not as broad as widely believed. There are two types of marital property under Texas law, separate property and community property.  Separate property includes property acquir ..read more

If you own a home in Texas, or may buy or sell one, this illuminating article on title insurance is essential reading, Entitled to profit:  In Texas, title insurance is a "total scam" .  Published by investigative news outlet, Texas Observer, the article exposes the title insurance business as a reverse Robinhood system, in which Texas law "forbids competition and sets rates higher than anywhere else in the country, with all the profit flowing in private pockets."   Title insurance costs more in Texas than any other state.  The average premium here is $1 ..read more

Rice University is recruiting caregivers who are currently caring for a spouse or romantic partner with Alzheimer's Disease, or related dementias, for two research studies funded by the National Institutes of Health (NIH).  "Project Care" is a fully remote study of caregivers' emotions and health during the COVID-19 pandemic.  Caregivers can participate in the study remotely, through online and mobile phone surveys, and will be compensated for their time.  "Project Act" is also a study of caregivers' mental and physical health, with the long-term goal of developing interventions ..read more

We wish everyone a safe, happy holiday season and hope that all those who lost a loved one this year find comfort in the nearness - or virtual nearness - of family.  We are grieved by the unexpected loss of clients in 2020, particularly those who were infected by Covid-19, residing in locked down nursing homes, or otherwise adversely affected by the pandemic.  Long-term care facilities will begin to receive and administer the Covid vaccines later this month according to the governor.  Here is some other hopeful news about the accidental discovery of a potential cure for heredita ..read more

Tuesday, August 4th, is call-in day to push for dedicated funding of home and community-based services (HCBS) in the new COVID-19 relief legislation that is being negotiated in the U.S. Senate.  This measure is desperately needed in Texas, where HCBS funding has been greatly reduced during the pandemic, resulting in long delays for individuals waiting on the Interest List for an opportunity to apply for HCBS-Star Plus Waiver benefits. As recently discussed in this blog, Medicaid requires states to provide nursing facility services, but does not mandate home and community-based care for el ..read more

The Texas Tribune reports that large outbreaks of the Covid-19 virus have occurred among residents and staff at Texas long-term care facilities in San Antonio, Lubbock, Texas City, and other cities.  State regulators have asked facilities to report coronavirus cases, and to inform residents and their families of cases within the facility.  While state government is collecting this data, it has failed to publicly release the numbers of cases and names of facilities where coronavirus has been reported.  The State Long-Term Care Ombudsman, which works to resolve resident complaints and problems r ..read more

"Telehealth & related services Medicare has temporarily expanded its coverage of telehealth services to respond to the current Public Health Emergency. These services expand the current telehealth covered services, to help you have access from more places (including your home), with a wider range of communication tools (including smartphones), to interact with a range of providers (such as doctors, nurse practitioners, clinical psychologists, and licensed clinical social worker). During this time, you will be able to receive a specific set of services through telehealth including evaluati ..read more

Although Congress enacted Medicaid in the 1960s to provide health care coverage for the poor, Medicaid has become the primary pay source for nursing home and long-term care for the vulnerable elderly population.  The majority of nursing home residents, or 80%, are age 65 or older and 62% of residents are covered by Medicaid, which is available to beneficiaries with limited income and assets.  Medicare – the national health insurance program for seniors and the disabled who work a sufficient number of quarters and pay Social Security and Medicare taxes – covers nearly 60 million people, mostly ..read more

Happy 2020!  Major changes to the federal retirement account rules were signed into law December 20, 2019, under the SECURE Act (Setting Every Community Up for Retirement Enhancement Act).  Under the new rules, a retirement account can no longer be "stretched" and must be distributed within 10 years to non-spouse beneficiaries.  This will increase the taxes that non-spouse beneficiaries pay on the funds.  An exception was provided for disabled beneficiaries, thanks to the advocacy work of the National Academy of Elder Law Attorneys (NAELA).  Fortunately, most retirement accounts continue to be ..read more

The annual Medicare Open Enrollment Period is October 15 – December 7.  Here are some things you can do during the annual enrollment period: Join a Medicare Prescription Drug Plan [1] or switch from one Medicare drug plan to another Medicare drug plan. Change from a Medicare Advantage Plan [2] back to Original Medicare [3]. Join a Medicare Advantage Plan or change to another Medicare Advantage Plan. If you have not yet reached age 65 and enrolled in Medicare, [4] you will need to enroll during your Initial Enrollment Period.  For more information see below. [1] Medicare Prescription Drug Pl ..read more