Category Archives: Medicaid

Elder Law Office Maryland. Estate Planning. Nursing Home Negligence. Asset Protection. Probate.

Postal Service Delays Affect Court Filings and Medical Assistance Applications

In 2020, many of you undoubtedly noticed significant delays with the United States Postal Service. Our elder law office in Maryland also noticed that our mail was either slow to be received or, in some cases, appear not to have reached their final destination.

While that may be a minor inconvenience for mailing bills, it can be devastating for court filings and medical assistance (i.e., Medicaid) applications. Many court filings are very time sensitive, so it can be a major problem if they are delivered late or not at all.

Electronic Filing in Maryland Jurisdictions

Some jurisdictions in Maryland mandate electronic filing, so the issue of late mailing does not impact these filings. However, not all circuit court jurisdictions have electronic filing available. In particular, Baltimore City and Prince George’s County do not have electronic filing systems in place yet. Also, no Orphans’ Court or medical assistance process has electronic filing.

Use Courier Instead of USPS

If your court filing is not received, or even if it is late, then that can be a complete barrier for your case proceeding. It may even result in your case being dismissed, for reasons beyond your control. That is why, for the foreseeable future, critical non-electronic filing should occur via courier.

Even if you send your filing via a courier service, such as FedEx, there are still some risks. For example, you are asking the FedEx worker to place your filing in a unique location at the courthouse, which may not be familiar to them. That can also lead to lost filings.

We all hope that this issue with the United States Postal Service is temporary. But for now, we are keeping a close look at this issue. And for non-electronic filings, we are using a courier to file our cases.

Elder Law Office Maryland. Estate Planning. Nursing Home Negligence. Asset Protection. Probate. Medicaid.

How COVID-19 Impacts Medicaid Applications

COVID-19 has brought a lot of anxiety regarding long-term care facilities. However, we understand that even in a pandemic, there are seniors who need to be cared for in a nursing home.

With nursing home costs ranging from $9,000 to $12,000 a month, applying for medical assistance (i.e., Medicaid) is a practical reality for most nursing home residents.

But how has COVID-19 impacted how long it takes to process a Medicaid application? There are several factors to consider:

  1. The number of people applying for Medicaid
  2. The number of people processing the applications
    • First, the staff at nursing homes. They fill out the health assessments that are needed as part of the applications.
    • Second, the case workers at the Department of Health. They process the completed applications.

An increase in the number of Medicaid applicants and/or a shortage in the number of people processing the applications will increase the amount of processing time.

Before COVID-19

Before the pandemic, Medicaid applications, especially those with complications, were slow to be processed. This was due to the chronic shortage of case workers at the Department of Health.

At the Start of COVID-19

When the pandemic began, hospitals were keeping their patients longer instead of discharging them to nursing homes. This was because of the growing concern that nursing homes were not prepared to address the spread of COVID-19 amongst their residents.

The result was that, for a period of time, there were fewer transfers to nursing homes, which meant that fewer individuals were applying for Medicaid. Fewer applications resulted in quicker than normal response times for the granting of Medicaid applications. But this was at the beginning of COVID-19.

Currently During COVID-19

Hospitals are now discharging patients to nursing homes at a more regular pace. Therefore, the number of Medicaid applications is back to normal. Also, the processing speed of the case workers is back to normal.

However, the new bottleneck is with the nursing home staff. Due to staff shortage, it’s taking nursing homes longer than normal to provide the health assessments that are needed for the applications.

Local Elder Law Firm: How We Help During COVID-19

These are trying times for most people, but especially the residents and staff at our area nursing homes.

No one likes a delay in the Medicaid application process. If you have a loved one in a nursing home, then you are understandably already worried about the risks of COVID-19. If the process to apply for Medicaid is long and drawn-out, then that can create even more concern. The nursing home is also more anxious about getting paid during this period, and they may institute involuntary discharge proceedings.

A good elder law attorney understands the Medicaid application complexities (from both a nursing home point of view and a client point of view) and how this is going to impact clients. At the Law Office of Adam J. Roa, we help you understand why the Medicaid application process is slower than normal, and we help expedite that process, so your loved one can get the medical assistance they need.

Elder Law Office Maryland. Estate Planning. Nursing Home Negligence. Asset Protection. Probate.

COVID-19 Medicaid

We understand that there is a lot of anxiety regarding nursing homes during this COVID-19 pandemic.

But, just as before COVID-19, seniors are still failing in their health. Many of them will need 24-hour care that can be provided through a live-in aide (very expensive) or through placement at a nursing home.

If you choose to have your loved one cared for in a nursing home, it’s important to understand your options for financial assistance. Since nursing homes charge roughly $9,000 to $12,000 a month, applying for Medicaid (i.e. the government program that helps with medical costs) is still going to be a reality for most families.

Medicaid Applications

Even during the COVID-19 pandemic, Medicaid applications are still being accepted. The Medicaid case workers are now working remotely.

Medicaid Application Tips
1. Send all applications via a private courier to ensure that they are filed.
2. Always make a copy of everything that is filed.

At present, there seems to be a temporary decrease in the amount of time that it takes for a case worker to respond to the initial application. This might be a result of an overall reduction in the number of Medicaid applications, since many nursing homes are not currently accepting new residents. This may be a temporary lull.

If Your Medicaid Application is Denied During COVID-19

If your Medicaid application is denied or not processed in a timely manner due to inaction, then you should make an appeal before an administrative law judge. Even though the pandemic has resulted in making all in-person meetings and Office of Administrative Hearings temporarily suspended and closed to the public, you still have an option.

The Office of Administrative Hearings is encouraging parties to participate remotely. This is not an automatic consideration, so the appealing party must specifically request a remote hearing.

We’re Here to Help During COVID-19

We understand that these are uncertain times. Now, more than ever, is when your loved ones need you to be their advocate in planning for the future.

As an experienced elder law firm in Maryland, we’re happy to guide you through the complexities of Medicaid cases. Please call us at (410) 296-8166 x292.