How Nursing Home Staff Can Help Prevent Medicare Fraud

According to Medicare fraud reports by the U.S. Department of Human Health and Services (HHS), the U.S. Department of Justice’s Medicare Fraud Strike Force team has investigated $7 billion in fraudulent billing since 2007 and prosecuted over 2400 medical professionals and administrators. Part of that amount comes from nursing homes that bill for unnecessary services or for services that have not been provided to the residents that depend on them.

And that fraudulent activity harms nursing home residents as well as our government’s bottom line.

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The Key Differences between Medicare and Medicaid

For those unsure or unaware, Medicare and Medicaid are both government health insurance programs. However, they are still different programs, and therefore require different eligibility requirements and different coverage. Essentially, Medicare is a government program designed to provide health insurance coverage for the elderly and disabled. On the other hand, Medicaid is a needs program, which means that it exists to cover the healthcare costs for the very low income individuals.

Medicare is a purely federal government program attached to Social Security. It is available to citizens and certain other legal residents at the age of 65, and also covers people who are disabled under the Social Security guidelines. It is a 4-part program which covers hospitalizations through Part A, outpatient and doctors visits through Part B (more about parts A and B), potentially private plans (Medicare Advantage Plans) through Part C, and prescription coverage, through Part D (more about parts C and D).

Medicaid is a joint federal and state program that covers healthcare costs for low income individuals. Additionally, it covers long-term custodial care for poor and elderly individuals. There is a Medicaid program for each state in the U.S., and the federal government funds up to 50% of the costs of each state’s Medicaid program.

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Determining Eligibility for Medicare Parts C and D

In my last blog, I discussed how to determine eligibility for Medicare Parts A and B. This blog today will focus on Parts C and D.

Medicare Part C, known as a Medicare Advantage Plan, replaces Medicare Parts A and B through a health insurance plan offered by a private insurer. In order to be eligible for a Medicare Advantage Plan, you must already be enrolled in Medicare Parts A and B and must reside in the service area of the insurer with whom you are seeking coverage.

Additionally, if you have a Medicare Advantage Plan you will not need a Medicare Supplemental Plan, as Advantage plans usually cover more than what Medicare Parts A and B cover.

The enrollment period for a Medicare Advantage Plan is the same as the initial enrollment period for Medicare Parts A and B. Alternatively, you can sign up during the Annual Election Period from October 15 to December 7, for coverage effective January 1st of the following year. You can also enroll during a Special Election Period, if you qualify.

Medicare Part C is optional, and there is no penalty for choosing this alternative to the traditional Medicare Parts A and B. In addition, you will continue to make your Medicare Part B premiums even if you enroll in an Advantage Plan. Monthly rates and plan coverage will vary by the insurance company and your specific plan.

Medicare Part D, known as the Medicare Prescription Drug Plan, is prescription coverage and is available through private insurers, like a Medicare Advantage Plan, and it is completely optional. To be eligible to enroll in a Medicare Prescription Drug Plan you must have Medicare Parts A and B, and live in the service area for the plan in which you wish to enroll.

If you have any questions about Medicare and retirement benefits, it is recommended that you speak with experienced legal counsel to discuss your situation.

Newly Legalized Immigrants may be Eligible for Social Security and Medicare or Medicaid Benefits

Immigrants who receive provisional legal status under President Obama’s new executive orders may be eligible for Social Security and Medicare or Medicaid benefits.  Under the President’s plan, U.S. residents can apply for provisional legal status if they have  lived in the U.S. for at least 5 years, can pass a criminal background check and have paid their share of taxes.

Provisional legal status, which must be renewed every 3 years, would allow qualified residents to obtain legal work permits and a Social Security number.  Consequently, they would pay into Social Security and Medicare through payroll taxes and thusbe eligible for benefits. Only those years after they obtain provisional legal status would count towards Social Security benefits and these individuals would have to work at least 10 years, legally, in the U.S., to receive Social Security Retirement benefits.

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