This site has now changed to: http://lawyercolorado.net/
   
  The Estate Planning Office of Frank A. Cseke, Esq.
  Elder Care Info
 



 


Long Term Care for Senior Veterans

 

In the year 1919 President Woodrow Wilson proclaimed
November 11 as Armistice Day to honor those Veterans
who served during World War I. On November 11, 1954,
Armistice Day was proclaimed a legal national holiday and
the name was changed to "Veterans Day" to honor all
veterans of all wars.

Every November 11, ceremonies are held throughout the
United States honoring Veterans of wars. A National
Ceremony is held at Arlington Cemetery at the Tomb of
the Unknown Soldier, where the laying of the presidential
wreath and military playing of “Taps” is presented.
Since its establishment in 1930, the Department of Veterans
Affairs has evolved to supporting and aiding the nation’s
veterans in numerous ways. One of these services for
example, the Veterans Health Administration, is the largest
single provider of medical care in the United States. Its 22
regions with 154 hospitals and their associated 875 outpatient
clinics offer the following services.

Hospital, outpatient medical, dental, pharmacy
and prosthetic services
Domiciliary, nursing home, and community-
based residential care
Sexual trauma counseling
Specialized health care for women
veterans
Health and rehabilitation programs for
homeless
veterans
Readjustment counseling
Alcohol and drug dependency
treatment
Medical evaluation for disorders associated
with military service in the Gulf War, or
Treatment
for exposure to Agent Orange, radiation,
and other environmental hazards
HISA grants
Other special benefits

The Department of Veterans Affairs provides three types
of long term care services for veterans.

The first are health care benefits provided to veterans who
have service-connected disabilities, who are receiving VA
Pension or who are considered low income. These services
include free medical care, possible free prescription drugs,
orthotics and prosthetics, home renovation grants for
disabilities, home care, assisted living, domiciliary care,
nursing home care, and a possible host of other services
or benefits.

The second benefit is state veterans homes. The majority of
these homes offer nursing care but some may offer assisted
living or domiciliary care. The Department of Veterans Affairs i
n conjunction with the states helps build and support state
veterans homes. Money is provided to help with construction
and a federal subsidy of $72.71 a day is provided for each
veteran using state veterans nursing home services. These
homes are generally available for most veterans and sometimes
their spouses and in some cases for so-called "Goldstar parents."
Veterans homes are run by the states, sometimes with the
help of contract management. There may be waiting lists
in some states.

The third benefit for veterans is disability income programs.
The most familiar of these benefits is an income for service-
connected disabled veterans called "Compensation." The least
known of these is a program officially called "Pension" but
popularly known as the "aid and attendance benefit."

  • All active-duty veterans who served at least 90 days
    during a period of war are eligible for Pension and the
    additional income from aid and attendance or
    housebound allowances. A single surviving spouse of
    such a veteran is also eligible.
  • All qualifying veteran applicants over the age of 65 are
    eligible for pension but must meet income and asset
    tests. Applicants under the age of 65 must in addition
    be totally disabled to qualify. Disability does not have
    to be service-connected.
  • A surviving spouse can be any age and there is no need
    for disability.

The aid and attendance benefit can pay additional income to
provide for the costs associated with home care, assisted living,
nursing homes, adult day care and other unreimbursed medical
expenses. It can also pay for a family member other than a spouse
to be the care giver. The amount of payment varies with the type
of care, recipient income and the marital status of the recipient.
Here are some examples of how this benefit can help veterans.

Example #1
The National Care Planning Council receives many
calls from family members of veterans, asking if there
is any help available to them. One such call came
from a woman who had been juggling her job and
caring for her father in her home for over five years.
She had just lost her job and with no income, did
not know how she would keep her home or give her
father the care he needed. She read an article that
had been written by the National Care Planning
Counciland published in her local newspaper and
called their phone number. The article
mentioned that a member of the family --
not including a spouse -- can
be paid through VA to provide care for a loved one
at home who is either a war veteran or the surviving
spouse of a war veteran. Her father is a war veteran.
When told that she could get an additional $1,644
a month through her father by providing her father's
care she was shocked. She was also extremely
grateful and ended up sobbing into tears over the
phone when she found out about the benefit and
realized it would help her keep her home and her
father may probably get a check for her retroactive
previous care from VA worth tens of thousands
of dollars.

Example #2
Another recent caller’s mother is 89 years old and
has been in assisted living for four years. As a widow
of a veteran she did not qualify for the Aid &
Attendance Pension 4 years ago because her assets
were too high. In the meantime she has been using
up her assets along with her income to pay for the
assisted living. The local veterans service office has
not been helpful in getting this claim approved even
though she had reached the allowable asset limit
over two years ago. The family was considering putting
her in a less desirable facility under Medicaid. The
family knew this would be devastating for their mother.
Her health was still good and she had many friends
and comforts at the assisted living.

The National Care Planning Council directed the caller
and his family to a more cooperative veterans service
office that will submit the claim and likely get it
approved retroactively so that this woman can get
a check for roughly $40,000 worth of previous care
costs for which she was not reimbursed. In addition,
she will likely get the full benefit of $1,056 a month to
help pay the cost of the assisted living where
she is happy.

These types of claims require medical evidence in order
to receive a rating for aid and attendance or housebound
allowances. These ratings must be received or certain
non-medical expenses associated with long term care are
not deductible from income. Special rules also allow for
deducting the annual anticipated cost of month-to-month
long term care from household income in order to meet the
income test. This special treatment requires
special documentation and evidence. In addition, those
households with substantial assets will be denied for a Pension
income unless those assets are below a certain level determined
for each case by VA. The personal residence, personal vehicles
and personal property are exempted from this asset test. Finally,
evidence must be supplied every year in January that the anticipated
costsfor the previous year were actually incurred or VA will likely
demand forits money back.

The National Care Planning Council has compiled the
necessary forms, rules and information about claims together
in one book titled
“How to Apply for the Veterans Aid & Attendance Pension Benefit.”

This book contains information about how a typical applicant
receives a successful pension award. VA often tells callers to
go ahead and fill out the application but generally provides no
information on the special treatment of annualization of anticipated
recurring medical costs. The claims form also contains no
information on this important issue. One simply has to know how
to do it. This crucial information can make the difference between
a successful award and being declined. All necessary forms for
filing a claim are in the book.

Veterans who have substantial assets may need to do some
estate planning and realigning of assets to qualify. An expert in
this area should be sought to help with the application in order to
avoid lengthy delays in awarding a benefit or a possible denial of
benefits. For a list of individuals or companies in your area who
understand how to get this benefit go to
http://www.longtermcarelink.net/ref_veterans_
consultants.htm



*** Did You Know? The AARP did a national survey
some years ago and determined that probate costs
run on average 2 to 10% of a person’s estate.  
But on a $300,000 estate, that can still cost $6,000 to
$12,000. And in some cases, the costs can go much
higher.

 


Long Term Care Insurance
by Thomas Day

 

 

BUYING INSURANCE

Why Should You Buy Long-Term Care Insurance?
1. It will help you keep your independence and dignity. Here's how. . .
some of you will spend all your assets on care while others plan
to give their money away or put it in trust. With no assets you will
now qualify for a welfare program called Medicaid. Medicaid typically
pays for a semiprivate room in a nursing home, and; not all nursing
homes take Medicaid patients. In many states it's not easy to
get Medicaid to cover home care or pay for assisted living. Many
people want to stay at home, but with Medicaid may not be able to.
And assisted living is rapidly becoming a preferred alternative to
nursing home care for certain disabilities but Medicaid may insist
on a nursing home instead.

A nursing home is not the most desirable place to finish out one's life.
For many, a terminal stay in a nursing facility robs them of a purpose
in life and strips away their dignity. As an example, have you ever
thought of the indignity of being bathed, toiletted or diapered in a
nursing home environment? No wonder many people express the
desire to die before ever having to go into a nursing home.

For some conditions a nursing home is the only alternative, but for
many long-term care patients there are more options than nursing
homes.
A good long term-care insurance policy covers those
options and when all else fails, it pays for nursing homes too.

2. If you are married and you have a need for long-term care, your
spouse may be forced to pay for an outside care giver. The cost is
likely to come from your combined income and assets. If the need
for paid care drags on too long, your spouse may be left with
minimal cash assets for future needs. Insurance solves this
problem and allows your spouse to keep the assets.

3. Many healthy care-giving spouses won't spend their money and
choose to "tough it out" on their own without help. If care of a
disabled spouse drags on too long, this can have a devastating
effect on the physical and emotion health of the caregiver. Surveys
reveal that even though healthy caregivers often don't spend
their money for help, they will use insurance if available. Insurance
allows the healthy caregiver to buy much-needed respite
from paid professionals, while at the same time, retaining the
assets and possibly avoiding an early death from the mental
and physical stress of caregiving
.

4. If your children or extended family promise to take care of you
when the time comes, insurance will help them do that.
Probably
you nor your children have thought of the prospects of moving you
from place to place, changing your dirty diapers, cleaning up after
"accidents" in the bathroom or helping you with bathing and dressing.
Insurance will pay for aides to help with these tasks.

5. If you are single and a need for long-term care arises, insurance
can pay for and coordinate that care. With insurance you won't have
to feel you would be a burden for family or friends.

6. If you have the desire to leave assets behind when you die,
insurance will help preserve those assets from the cost of long
term care.

Why Not Buy This Insurance When You're Older?
1. Don't forget that 43% of those needing long term care are under age
65. You may need it now.

2. Roughly every two years insurance companies come out with new
policies. Although these policies contain many new benefits and features,
they are also more expensive for new people signing up than the
previous policy. Estimates are, because of this rate creep, new applicants
for long-term care insurance are paying about 5% more each year
than applicants at the same age would be paying with older policies. At this
rate of increase, ten years from now, a policy for a 50 year old would cost
50% more than an equivalent policy for a 50 year old would cost today.

3. To get long term care insurance you must answer questions relating to
your health. If you wait, you may develop a condition that would prevent you
from obtaining coverage.

4. The cost of coverage increases with age. For younger ages you can get a
rate that is relatively inexpensive. At older ages the rate becomes very expen-sive.

5. It costs less, over time, buying now than buying equivalent coverage
in the future. The 20 year total cost of buying now is less than the 19
year total cost of buying next year, or the 18 year cost of the next year,
and so on.

Why Not Invest the Premiums Instead of Buying Insurance?
The invested amount of premiums over 20 years, may be only 5% to 12%
of the potential insurance benefit. A 6 year insurance benefit may only
yield ½ year of long term care if the premiums are invested instead. Besides,
if you invested premiums, where would the money come from if you
needed long term care next year or even 5 or 10 years from now? The
saved premium account wouldn't have time to grow.

Why Waste Money on Insurance if You Have Assets to Cover
the Cost Directly?

The same question could be asked of auto, home owner's or
medical insurance. Why not self-insure there as well? You could just
as easily pay your medical bills from your pocket. Or pay for damage to
your cars and loss of your home out-of-pocket and possibly save a lot
of money over time? No matter what the risk, the total cost of premiums
over a long period is usually a fraction of the cost of paying a claim
from your own pocket. The purpose we buy insurance is to preserve
assets by leveraging premiums to buy a benefit at pennies on the dollar
instead of paying dollar-for-dollar out-of-pocket for a loss. The probability
of a house fire is 1 in 1200, of having a major auto accident is 1 in 240
and of needing long term care is 1 in 2 . With a much higher probability
doesn't long term care insurance make as much sense as buying those
other coverages?

Why Don't You Get Your Money Back if You Don't Use the Insurance?
This question always begs the underlying reason for it's being asked.
In essence the person with this concern is thinking, "it won't happen to me,
so it's a waste of money". To play to this objection, many carriers design
policies with cash values, life insurance death benefits or return of premium
at death. But these features increase premium cost and sometimes
make coverage unaffordable. The same question could be asked of
all insurance. Why don't we get a refund with term life, health,
disability, commercial lines, auto, or homeowners insurance? People
seem to take it in stride, paying $80,000 for auto insurance or $20,000
for homeowners insurance over their lifetime. Then when they make a
claim, if they ever do, they get their coverage canceled or more likely
their rates are increased to cover the cost of the claim. Yet, out of
denial or ignorance they can't see why they should pay $40,000 over
their lifetime for long-term care insurance where the probability for a
claim is higher and the risk of loss is 4 to 10 times higher than the risk
of loss with a car or home.

 

OVERVIEW OF THE LONG-TERM CARE INSURANCE INDUSTRY

The first long-term care policies were offered about 30 years ago. These
were primarily nursing home-only policies designed to take over when
Medicare rehabilitation ran out. They were not the comprehensive
benefit policies we see today. It took until 1987 for the total number of
policies nationwide to reach 800,000, a literal drop in the sea of traditional
US health insurance policies. Since 1987, the number LTCi policies
has increased annually at an average annual rate of 21%. It is estimated
that at the end of 2000 there were approximately 6,000,000 LTCi policies in
the US generating about $4.8 billion in annual premiums; about 80% of
these policies were individual and 20% were employer sponsored group
plans. (However, group premiums are only 7.9% of total premiums). Over
2,500 US employers now offer LTCi group plans.

The number of companies selling LTCi peaked in 1989 at 143 and has
been declining since then. About 1/3 of these companies are Blue
Cross/Blue Shield organizations selling in only a few states. Ten or so of
these companies offer LTC cash benefits as riders to life insurance or
annuity contracts. There are about 60 or 70 Life/Health companies licensed
to sell LTCi stand-alone policies in more than 40 states, but their numbers
are decreasing year to year.


There is not enough market share to support the current number of
carriers. In 1998, 10 companies accounted for over 70% of yearly
premiums. In 2000, G.E. Capital with 29% market share and the Conseco
group of companies with 17% share, accounted for 46% of the market
alone. By 2000, 10 companies owned about 84% of the market. There
is a lot of consolidation going on in this industry.

Companies selling LTCi as a new product require additional capital
to build distribution channels and staff administrative and claims
departments. Many of these companies report , year after year
underwriting losses on their long-term care business. This is not a
business for small, poorly rated, or undercapitalized companies.
Nor is it an endeavor for companies not committed to years of loss
in order to build an eventual profitable book of business. Companies
that play the middle ground and sell few policies will eventually exit
the market due to high overhead and adverse selection from stagnant
sales of LTCi.

In the past 5 years, 18 major companies have sold out their long
term care insurance business , may sell out or are gone from the
market. Transamerica was bought by Aegon and recently Transamerica
and four other Aegon companies, selling long term care insurance, have
pulled out of the market. The long-term care business of Time/John
Alden/Fortis was acquired by John Hancock. Travelers sold it's LTCi
business to GE Capital. Conseco and Bankers United are also gone.
CNA put it's individual life and LTCi business on the block in 2002, but
withdrew the sale because of inadequate offers. CNA now offers
only group. American Travelers was bought by Conseco. Lincoln
Benefit, Farmer's, IDS, TIAA/CREF and AFLAC are also gone. And
finally, Penn Treaty Network America, a leading producer selling only
LTCi-- but a small company asset-wise-- has run out of capital. It has
no deep-pocketed parent company so may be up for sale. Probably no
one has kept track of the number of smaller companies selling
long term insurance that have pulled out of the market as well.

When the dust settles, if it ever does, 6 companies may represent
over 80% of the market: Genworth (formerly GE Capital), Banker's
Life, John Hancock and MetLife with Aetna and UNUM/Provident
leading producers of group plans.

On the other hand, the future may hold an entirely different scenario. There
are a number of large, well-respected and well-funded companies
like Prudential, New York Life, Northwestern Mutual, Mass Mutual, Allianz
and State Farm who are currently in the market and they are determined to
build market share. These companies have proven in the past they can
be successful latecomers to new markets. Their sheer size and
financial resources make it possible to carve out significant market niches
if they choose to focus those resources directly on long-term care insurance.

 

TYPES OF LONG-TERM CARE INSURANCE POLICIES

Stand-alone, comprehensive coverage policies represent the bulk
of policies sold. These plans strive to cover all long-term care services
and are usually purchased with monthly, quarterly, semiannual
or annual premiums which are paid for the life of the insured.
Abbreviated payment options are also available with policies fully paid
up after 20 years, 10 years or 1 year of payments. Comprehensive
stand-alone policies are very much like the typical modern group or
individual health insurance policy. They try to cover as many different
care alternatives as possible.

There are other ways to package long-term care insurance as well. One
is as a rider to a cash value life insurance policy. The policy represents
2 separate coverages and the premium is split up to pay for both. This
LTC rider should not be confused with the "accelerated death benefit" which
is a popular feature of many modern life policies. Accelerated death pays
part of the death benefit for terminal illness or doctor-certified, terminal,
long-term care confinement while the insured is alive. Since very little
long-term care could be certified as terminal, this policy feature is
a poor substitute for "real" long-term care insurance.

Another way to package LTC insurance is as an "either/or" feature
in life insurance. When the insured dies, a death benefit results. If the i
nsured needs long-term care before death, stipulated benefits are paid
instead of life insurance. If all benefits are paid before death, the policy
expires. Any benefits not used result in a reduced pay-out at death.
These policies can be purchased with periodic premiums for the life
of the insured or with a single premium of $50,000 or more. These
policies offer the advantage that the insured is guaranteed a benefit
since everyone eventually dies. A disadvantage is that many people
who purchase LTC insurance don't need life insurance, but because
the policy needs to cover the mortality risk of death as well as the
morbidity risk of LTC, premiums are much higher than an equivalent
stand-alone LTC policy. Another disadvantage is that underwriting
standards for life insurance are more strict than standards for LTC
insurance. Many who qualify for LTC insurance would be denied coverage
for life insurance.

A third way to package LTC insurance is to integrate it into a single
premium deferred annuity. Again, this usually requires a lump sum of
$50,000 or more. Part of the earnings on the annuity pay for the morbidity
risk of the LTC insurance. Thus an annuity that would normally yield 6%
 might only yield 4% when combined with LTC insurance. One advantage
of this arrangement is that LTC premiums are paid with tax deferred
earnings but since they are expensed inside the policy, premiums become
tax free. Another advantage is the perception that no money is lost to an
LTC policy that may never be used. In fact the lump sum even grows
larger. A major disadvantage is that the money is tied up. Removing money
will kill the LTC coverage, yet few people have $50,000 lying around that
they're willing to tie up and never use. In most cases it's better to fund a
stand-alone LTC policy with earnings from a separate investment account.
This leaves the account unencumbered. Pending federal legislation will
also make investment income used for LTC insurance premiums tax free.

A fourth way to package LTC insurance is combined with a disability
income policy. Prior to age 65, the policy can only be used for disability
income. Premiums paid after age 65 provide long-term care
coverage. Premiums for such a policy will be higher than a stand-
alone disability policy since long-term care coverage requires a portion
of every premium be set aside as reserve for future claims.

 

CHOOSING THE RIGHT CARRIER--YOUR MOST IMPORTANT DECISION

General Observations.
As I mentioned in the overview, long-term care insurance is not the
cake walk many companies expected. Most carriers anticipated
immediate and huge success by expanding into one of the
few new market opportunities to come along in the past 20 years.
But, despite an aging population and a federal government
increasingly reluctant to pay for long-term care, the idea of LTC
insurance has not caught on as quickly as the insurance industry
had hoped. True, sales are clipping along at a yearly increase of
21%, but for insurance to really make a difference as an alternative
source of funding for long-term care, at least 40% to 60% of those
over age 65 should own LTCi. This would create efficiencies of
scale allowing premiums to be more affordable and would
create a "band wagon" effect ensuring continuing sales of insurance.
The truth is, nationwide, less than 10% of individuals over age 65
own LTCi. Participation in large, employer group, voluntary-pay plans,
nationally is about 6%.

But rather than despair, I believe LTCi insurance is a product whose
time has come. It just may take more time. I also believe employers
have a vested interest in promoting long-term care insurance. A survey
from the National Family Caregivers Association, released in October,
2000, reported that 54 million Americans are involved in family care giving.
Many of these are full time employees. Estimates of the cost to employers
for employees involved in long-term care range from $20 billion to
$50 billion per year. It makes sense economically for employers to
promote the product. If you believe as I do that insurance can and
will make a difference, then you as an employer can help by
designing and implementing a good plan from a strong, committed carrier.
Or if you already offer a plan, you can add enhancements to improve
employee participation.

Company Financial Strength and Size.
Financial strength and size are very important. First of all, LTCi is
generally considered a product for the aged. It is true that about 40%
of long-term care recipients are younger than 65 with a large portion
of these under age 35. But many of these people were born with
disabilities or developed them early in life. These disabled generally
did not come from the working population. And they make up a tiny
fraction of traditional nursing home or assisted living residents. If these
younger care recipients need facility care they are accommodated
in special intermediate care facilities. Their care is almost always
funded by Medicaid or SSI and rarely does the cost come from family
or private funds.

Most employees buying LTCi will probably not make claims until age
78, which is the average claims age nationally. In 1999, the average
purchaser of group long-term care insurance was aged 43. Thus, the
average worker may not make claims for 35 years. (Don't forget that
unlike all other group insurance, employees will keep their group
LTCi for life. To buy a new policy at retirement age would result
in new premiums 6 to 10 times higher). You can see that it
is extremely important to pick a company financially strong enough
and large enough to be around 35 years from now.

Small poorly rated companies selling only 2 or 3 lines of insurance,
including LTCi are particularly vulnerable for the long-term. This is
because few companies have more than 10 years of claims
experience. With such limited experience most companies don't have
definite actuarial guidelines for the premium reserving required for
claims 20 to 30 years from now. If claims experience turns unfavorable,
it will take a large company with deep pockets to continue to service
claimants. Small, poorly rated companies will have little chance of
surviving a bad claims experience.

The second reason for picking strength and size is because of
the current market environment. The current market is not large
enough for all the players. In 2000, 13 companies controlled about
90% of the market and these carriers continue to consolidate and
grow market share by buying out discouraged carrier's business.
The other 10% of the market belongs to over 100 companies.
 It takes a lot of money to introduce a new product, build market share
and reach a critical mass of premium income that eventually starts
producing profits. Only large, successful companies have the resources
to stay the course and build market share. A good example of this
problem is Penn Treaty Network America, a $400 million insurer,
selling primarily LTCi. By insurance company standards Penn 
Treaty is considered small, yet in 2000 this company produced substantial
new LTCi premiums. Penn Treaty is not large enough to have enough
excess capital to fund it's growing sales and has relied heavily on
new equity issue to fund growth. With equities gone south the company
can't find additional capital. It must either find a potential buyer or go
out of business. Other examples are CNA and Conseco which
have been downgraded by the rating agencies due to financial problems.
It is likely that part of a management fix from both companies
would be a purging of unprofitable lines of business such as long-term
care insurance.

Company Commitment to Long-term Care Insurance.
I think it's crucial to pick a carrier that has a long-range commitment to
long-term care. Even market leaders such as CNA seem to be rethinking
their participation in the market-at least with regard to non-group sales.
I believe many carriers are selling the product as a defensive move-they
don't want to be left out if sales really start soaring. Without a firm
commitment, they won't stay with it if the going gets tough.

A good indicator of the commitment level is to observe the level of
resources devoted to a company's long-term care business. For instance
Allianz is serious because it dumped its third party administrator and
acquired LifeUSA which has an established LTCi administration
department. This was an expensive move but one that signals
commitment. Northwestern Mutual is serious because it formed a
separate company that only sells long-term care. These are but a few
examples.

Another indicator of commitment is the amount of market share a company
has. Obviously a larger market share is going to commit a company to
staying with long-term care insurance because of a substantial
financial obligation.

Rate Stability.
To the best of my knowledge, no insurance company is selling long-term
care insurance with "non-cancellable" premiums-meaning premiums
are guaranteed not to increase over the life of the policy holder. For an
industry with little claims experience, to guarantee rates for insureds
who may not collect for another 40 years, would be committing financial
suicide. Some carriers do offer short-term, initial rate guarantees but
these are limited. All policies I've seen, including the ones with
limited guarantees, use "guaranteed renewable" premiums. This means,
once the coverage is approved, the company cannot increase premiums
for an individual policy holder for a change in age or health. The
company can, however, file a rate increase for a class of policyholders
or all policy holders on a specific contract form in any given state. By the
way, it is illegal for any agent of a company to leave an impression
with an insured that guaranteed renewable premiums will stay level
forever. They might, but that possibility cannot be stated as fact.

The current intent of insurance regulators is to promote rate stability
in the LTCi industry, much like the stability we see in life insurance.
This is primarily to protect older policyholders on fixed incomes from
losing their policies if rates go up. But even the regulators know that
a lack of long-term claims experience makes it difficult to predict future
claims. Still, companies have been eager to favor public confidence
by keeping increases under control. Rates industry-wide have been
reasonably stable over the past 10 years. We occasionally read
about 70% increases causing a spate of retaliatory law suits, but
this is the exception rather than the rule.

It's difficult to identify companies that may have to file for premium
increases sometime in the future. Ironically, the companies with
the lowest premiums may not be the ones in trouble. There are two
tools to use that can give us clues to which companies have
adequate premiums and which don't. The first is the "Long-term
Care Experience Reports" published annually by the NAIC. The
most recent edition shows actual claims loss ratios from
1992 to 2000. Companies with high loss ratios may be more
likely to need future rate increases. However, for various reasons,
this is not always an accurate predictor.

The second and more useful indicator is the company's
underwriting philosophy. Since many group plans are not medically
underwritten we can still determine underwriting from the company's
approach to obtaining bid information, benefits offered and how aggressively
the company tries to increase participation rates. With individually
underwritten policies, a recent study by consulting actuaries Millman
& Robertson Inc., reports that companies with "loose" underwriting
procedures have about 3 times the claims loss ratio in the first three years
than those companies with "tight" underwriting.

As a rule, underwriting philosophy combined with loss ratio is a more
accurate predictor for rate increases. For policies in-force 5 to 9
years, the average loss ratio for "loose" underwriters was still about
45% higher than "tight" underwriters. It appears that underwriting will
have the greatest effect on rate stability.

What Happens if Your Carrier Sells Out or Goes Out of Business?
If you pick a large well-rated carrier with a commitment to LTCi,
the scenario above should not happen. However, if your coverage
is sold, my experience has been that the acquiring company often
respects the rate structure and a rate increase doesn't occur at least
for awhile. On the other hand, if the selling company got out because
it was unprofitable, then the acquiring company may find it necessary
at some future date to raise the rates on the acquired policies. We
see this happening for example with John Hancock raising the
rates on the policies it acquired from Fortis.

In the event of an insurance company failure, insureds will not lose
coverage. The insurance commissioner for the state in which the
company is registered, almost always finds a buyer for the defunct
company's policies. But even if no buyer is found, then the state
guaranty fund still keeps coverage going. All insurance companies
doing business in the state are assessed by the fund to continue
coverage and pay claims for the defunct company's policies.

You might question why your initial carrier selection is so important
with this amount of default protection available. The answer is, if the
coverage was to blame for the defaulted company failure, then it won't
benefit an acquiring company either. Chances are the new company
may follow with a rate increase for existing insureds.
 

In the case where no buyers are found and the guaranty association
gets stuck with coverage, Insureds would be in limbo. No new enrollees
could sign on. With no claims department available, getting claims paid
would be a nightmare and switching coverage to a new carrier would
probably be impossible. Finally, many guaranty associations limit coverage,
for example $300,000 total claims per claimant may be imposed.

Bottom line: pick a strong carrier.

 

TYPES OF GROUP COVERAGE--A DISCRIMINATION ISSUE
There are basically 3 types of group coverage and the issue of which is right
for you revolves around discrimination.

True or Large Group Plans.
These plans are filed as group plans. There are advantages to the
employer and to the carrier. For the employer, these plans are usually
(but not always) guaranteed issue (no disqualifying health questions) for
all full-time employees. With guaranteed issue, no employee gets
discriminated against if he or she has a disabling or potential
disabling condition
. As a group plan, a select set of identical benefits
can be offered to all employees no matter which state they live in. Other
benefits other than the select set may be available but usually require
medical underwriting, i.e.. health questions are asked and medical
records obtained.

The advantage of true group to carriers is that company representatives
do not have to be licensed agents in every state to represent the plan
and enroll participants. One major disadvantage of true group plans
is, at the insistence of employers, they are almost always voluntary
plans-the employer does not make contributions. Nationally,
participation rates on voluntary plans are less than 10%. Carriers must
charge higher rates as compared with individual plans to compensate
for the fixed cost of installing and maintaining the plan. Administrative
costs are high because true group premium income is small compared
with the total number of participants . Higher rates are also necessary
to guard against adverse selection caused by low participation. (sick or
disabled employees are more likely to enroll). This is confirmed by the
following: The average purchase age for group coverage is 43 while the
average age for individual coverage is 67. One would expect claims
for individual policies to be much higher because older buyers
would be expected to have poorer health. This is not the case. Industry-
average loss ratios of 35.3% for group policies are about 35% higher than
the 27.1% average loss ratio for individual policies. These higher group
rates can be as much as double the rates for equivalent coverage
with individually-purchased, medically underwritten policies. On the other
hand, employer groups with a high proportion of young employees
and with 20% or better participation, can often get premiums that are
much cheaper than individually underwritten policies. By law, true group
plans can be converted, at the same prevailing group cost, to an
identical individual plan when the employee leaves the group.

Modified Guaranteed Issue, Individual Plans.
These plans are filed as individual plans in each state where
the employee resides. There may be variations on the benefits
depending on restrictions of specific states, but to the employer this is
usually of little consequence. Representatives of the carrier must be
licensed, appointed agents in each state in which an employee
enrolls. The plans may be designed only for groups or they may be
the same policy sold to the public and may include additional group
discounts. As with true group, a select set of benefits is offered
but on a modified guaranteed issue basis. Other benefits are available
through medical underwriting.

Modified guaranteed issue means no medical underwriting is used but
one or more disqualifying questions are asked to eliminate very sick or
disabled employees. Here are some typical questions: Transamerica:
"During the past 6 months, have you missed 5 or fewer days of work due
to your accident, sickness or other physical or cognitive infirmity?" A
"Yes" to this question requires medical underwriting and based on the
findings results in acceptance or denial of coverage. Another example
from Monumental Life: 1. "Have you been diagnosed with Acquired
Immune Deficiency Syndrome (AIDS) or AIDS Related Complex?" 2.
"Do you need assistance (mechanical or personal) or supervision of any
kind to perform everyday living activities; dressing, eating, walking,
bathing, transferring, toilet activities or taking medication?" 3. "In the
past 3 years, have you been declined long-term care insurance?"
Answering "Yes" to any of these questions results in denial of coverage.
Some carriers will offer individual group with true guaranteed issue to
very large employer groups, but the rates are usually closer to true group
rates. In general, for groups with poor participation, rates for modified
guarantee issue plans are less than true group rates. Because the policies
are individual, the employee can keep the policy and rates when he or
she leaves the group.

Individual Plans With Group Discounts.
These are the identical plans that are offered to the public but the premiums
are discounted 5% to 15% for the group, depending on the carrier.
The employee can select any of hundreds of benefit options since everything
is medically underwritten. For large groups, sometimes
underwriting concessions are offered. Often, employers will offer these plans
as carve-out options for a select group of employees since benefits are
richer and premiums for identical benefits may be as much as half the cost
of true group plans. Another reason employers like these plans as carve-outs
is they can be designed as 10 year paid-up policies, that are tax-free to
the employer and the employee. (See other chapters for more details)
Another advantage is that these carve-out plans can be offered
alongside another group plan. You have to make sure you satisfy the true
group provider's participation requirements if you do offer more than one plan.

 

TAX QUALIFIED POLICIES-A HOTLY DEBATED ISSUE

Congress defined tax qualified policies in the HIPAA (Health
Insurance Portability & Accountability Act) legislation of 1996. The intent
was to create an objective test for determining benefit eligibility. There is
a great deal of debate in the industry over the merits of qualified versus
non-qualified. Advocates of non-qualified argue that the government
made it more difficult to qualify for benefits by defining the benefit triggers
too narrowly. Most non-qualified contracts are more liberal in defining
benefit eligibility. However, what is always missing from this debate is
that tax qualified moved the certification of benefit eligibility from claims
people at the insurance company to an impartial third party. Tax
qualified requires any licensed health care practitioner to certify
eligibility. Opponents of qualified assume insurance companies are going
to be as impartial as a third party certification. Personally, I'm not as trusting.

The other issue with qualified is taxability. Only qualified policies sold
after January 1, 1997 allow for income tax exemption on benefits received
up to a certain limit. Also limited itemized deductions are allowed on
qualified policies. If Congress passes long-anticipated legislation
allowing above-the-line deductions for LTCi and the pass-through of
premiums in a cafeteria plan, it will only pertain to qualified policies. For
these reasons I think it's important that you select a carrier offering tax
qualified policies. (For a more thorough discussion of tax issues, see
the chapter on taxation of long-term care insurance)

 

CLAIMS

If you ask the carrier how well it pays claims, you'll get the same
response: "We pay 90% or more of our claims in a timely manner."
There is really no way of knowing which company is most reliable with
claims except by reputation. My observation after 18 years in the
insurance business is that companies with a long-standing image or
reputation to maintain are best with claims. Some of these companies
or their parent companies have been in business over 100 years.
They didn't survive that long by not paying claims. I have observed that
some of the smaller, more aggressive companies don't care that much
about image and are more likely to dispute claims.

One way to avoid the claims hassle is to choose a carrier that offers
"indemnity" or "cash" benefits. Let me explain. There are two ways
to pay benefits under a long-term care policy--Claims-based, sometimes
called expense-based, and indemnity-based. Claims-based or expense-
based means that every expense must be submitted for reimbursement.
Since a number of LTC related expenses (see understanding benefits
section) are excluded under all policies, some claims may be denied.
Also, the expense reimbursement method only pays up to expenses
actually incurred-It may not pay the maximum allowable policy benefit.
Under the indemnity-based method, once you qualify for benefits, you
don't submit claims. The insurance company will send you
or your representative a check once a month for the maximum allowable
daily, weekly or monthly benefit in the policy. Some companies with built
in cash or indemnity pay a lesser amount under that option than under a
claims option. You can use the money to pay your costs and if any is
left over, pay for items not covered under the policy, such as personal
need items, diapers, medications, doctor visits, transportation, etc. Or
you can stick the extra in the bank to pay future costs if the policy runs out.

With indemnity, you are more likely to receive the full benefit in the
policy before you recover or die. Under both plans, you are,
however, only reimbursed for the actual number of days you receive
care. Both plans also require periodic proof that you're still eligible for
benefits. Not all carriers offer indemnity. For those that do, it might be
part of the policy provision or it might be a separate rider.

 

UNDERWRITING AND PRICING

Underwriting Individual Policies
The uniform insurance code adopted by all states requires individual
policies to be fully and medically underwritten. This means an
insurance company must verify, through means legally available, the
applicant's medical history, lifestyle and potential for cognitive impairment
prior to issuing the policy. Once this has been done the company cannot
refuse to pay claims based on a condition that did not exist at the time
of application. On the other hand the underwriting process also
allows a company to refuse to cover someone who poses a significant
risk for future claims. The underwriting process prevents the future
denial of claims based on the fact that the insurance company was
unaware of the risk at the time that it issued the policy. The insurance
code also allows a company to defer coverage for pre-existing conditions,
after issue of the policy, for a certain time period, say six months. The
majority of insurance companies do not use pre-existing conditions and
for the majority of companies, the policy is in effect at the time it is paid
and issued .

Companies are protected from fraud by being able to deny claims if an
applicant deliberately withheld information that would have affected
whether the policy would have been issued or not. If an applicant in
good faith did not reveal information that would not have significantly
affected the issuing of a policy, then the insurance company cannot
challenge any future claims after the policy has been in force two
years or longer. If an applicant did not state his or her age properly,
the policy benefits will be altered to reflect the amount of benefit the
premium would have bought at the correct age.

Unlike life insurance companies which often rely heavily on medical
exams and current health to issue a policy, long-term care
companies rely heavily on medical records and the history of past
medical conditions. For older ages, companies also use a phone
interview or schedule a personal interview with a nurse. In the
interview the company is looking for lifestyles, activities and hobbies or
pursuits to indicate whether a person is already partially disabled or
not. The phone interview also helps keep agents honest who for the
sake of trying to get a policy issued may have deliberately
downplayed or excluded information on the application that could affect
whether a policy is issued or not. Finally, the insurance company is
extremely interested in whether a person is struggling with short term
memory problems. The phone interview is designed to uncover this
and if it is suspected a person has cognitive impairment of any
kind, the interviewer will conduct a cognitive impairment survey.

In the past, companies have been more liberal in issuing policies
than they are today. This change of attitude has probably come
from the companies misjudging the amount of current claims
resulting from more liberal, past underwriting assumptions. Because
of this change, if you are thinking about buying long-term care insurance
and are in good health, but you are delaying buying it for whatever
reason, you should not wait until your health changes because it may be
too late at that point to buy it. You should buy it now.

Rate Creep
In recent years long-term care insurance companies have been
following a pattern of designing new policy forms about every two years.
Part of the reason for new policies superseding old ones is that
companies want to offer newer and better benefits. But I also believe
that the issuing of new policies is a way to cover the increasing costs of
claims. Almost without exception the new policies are more expensive
at the same age than the old ones were. Many companies are reluctant
to raise rates on existing policyholders and a few of them are even
advertising it as part of their sales process. These companies are claiming
they have never raised rates on any policies some dating back as far as
twenty years.

The new code-mandated application process also requires
companies to disclose in writing to the applicant, whether there have
been any rate increases on existing policyholders and the details of
these rate increases. Because of these pressures to not raise existing
rates, I believe companies can only cover increased costs by
having new policyholders subsidize the policies of previous insureds.
This is certainly an advantage to existing policyholders who are
concerned about future rate increases, but new policyholders are paying
higher rates at the same age than existing policyholders would have paid
on the old policy at that same age. This is all the more reason to buy
insurance now instead of delaying the purchase. The combination
of higher rates at an older age as well as higher premiums due to
rate creep, could make the delayed purchase of insurance a very
expensive decision.

Underwriting and Pricing Group Policies
So-called large group policies, policies offered through very large
employers, are not medically underwritten when people sign on
during the initial enrollment period. The question is how do companies
control their risk of not getting too many people who have health
problems and who may cause a large number of future claims? This
is done in two ways. First, there is a concerted effort to get as many
employees to sign on as possible. This helps dilute the number of
people who have health problems, who would naturally be
attracted to the coverage, with people who are healthy. Unfortunately,
large group plans are only signing up about 6% of eligible
employees nationwide. This low participation rate does not significantly
weed out the ratio of unhealthy to healthy applicants and so the
insurance companies offering group plans must charge higher
rates for benefits than they would for underwritten individual plans.

On the other hand, the participation of younger employees is
encouraged by keeping their rates very low. Since younger employees
are less likely to have health problems, this helps reduce the risk
of future claims for the insurance company. Also the enrollment
of healthy younger employees has another benefit. These people are
more likely to leave their jobs for another company and will probably
not take their insurance with them. This means the insurance
company will never have to make a payment for claim with younger
employees who leave and the insurance company has made some
additional profit that it normally would not have made with older
policyholders who tend to keep their coverage for life.

The second way that an insurance company controls its future costs
with group policies is to limit the benefits that are available to employees.
This is done by providing only three or four choices for employees and
limiting the amount of home care and downplaying the availability of
inflation protection. By skimping on benefits the company will have
a better handle on future claims. Limited benefits also make the policies
less expensive and this helps encourage more people to sign on
thus increasing the participation rate.

But limited benefits pose a huge future risk for existing group policies.
By not offering automatic inflation protection and limiting home care
benefits, group policies will be woefully lacking 30 years from now when
claims are made. Since it is not in the best interest of the insurance
company to explain this problem with group policies, employees
who buy group policies think that they have adequate coverage
when in reality they don't.

 

LONG TERM CARE--FUNDING AND PROVIDERS

What Is Long Term Care?
When a person requires someone else to help him with his
physical or emotional needs over an extended period of time, this is
long-term care. This help may be required for many of the activities or
needs that healthy people take for granted and may include such
things as:

  • Walking
  • Bathing
  • Using the bathroom
  • Incontinence
  • Pain management
  • Preventing unsafe behavior
  • Preventing wandering
  • Providing comfort and assurance
  • Physical or occupational therapy
  • Attending to medical needs
  • Counseling
  • Feeding
  • Answering the phone
  • Meeting doctors' appointments
  • Providing meals
  • Maintaining the household
  • Shopping and running errands
  • Providing transportation
  • Administering medications
  • Managing money
  • Paying bills
  • Doing the laundry
  • Attending to personal hygiene
  • Personal grooming
  • Writing letters or notes
  • Making repairs to the home
  • Maintaining a yard
  • Removing snow

The need for long-term care help might be due to a terminal condition,
disability, illness, injury or the infirmity of old age. Estimates by experts
are that at least 60% of all individuals will need extended help in one
or more of the areas above during their lifetime.
The need for long-term
care may only last for a few weeks or months or it may go on for years.
It all depends on the underlying reasons for needing care.

Temporary long term care (need for care for only weeks or months)

  • Rehabilitation from a hospital stay
  • Recovery from illness
  • Recovery from injury
  • Recovery from surgery
  • Terminal medical condition

Ongoing long term care (need for care for many months or years)

  • Chronic medical conditions
  • Chronic severe pain
  • Permanent disabilities
  • Dementia
  • Ongoing need for help with activities of daily living
  • Need for supervision

Long-term care services may be provided in any of the following settings:

  • In the home of the recipient
  • In the home of a family member or friend of the recipient
  • At an adult day services location
  • In an assisted living facility or board-and-care home
  • In a hospice facility
  • In a nursing home

Custodial Care versus Skilled Care
Custodial care and skilled care are terms used by the medical
community and health care plans such as health insurance plans,
Medicare, Medicaid and the Veterans Administration. They are used
primarily to differentiate care provided by medical specialists as
opposed to care provided by aides, volunteers, family or friends.
The use of these terms and their application is important in
determining whether a health care plan will pay for services or not.
Generally, skilled services are paid for by a health care plan
and custodial services, not in conjunction with skilled care, are not
covered. However, custodial services are almost always a
part of a skilled service plan of care and by being included,
custodial services are paid by the health care plan as
well. Many people have the misconception that only skilled
services are covered. This is simply not true.

According to the American College of Medical Quality:

" Skilled care is the provision of services and supplies that can
be given only by or under the supervision of skilled or licensed
medical personnel. Skilled care is medically necessary when
provided to improve the quality of health care of patients or to
maintain or slow the decompensation of a patient's condition,
including palliative treatment. Skilled care is prescribed for
settings that have the capability to deliver such services
safely and effectively.

Custodial care is the provision of services and supplies that
can be given safely and reasonably by individuals who
are neither skilled nor licensed medical personnel.
The medical necessity and desired results of skilled care must
be clearly documented by a written treatment plan approved
by a physician. A patient may have skilled and custodial needs
at the same time. In these circumstances, only those
services and supplies provided in connection with the skilled
care are to be considered as such. The treatment plan must include:

•  The applied therapies;
•  The frequency of the treatment which is consistent with the
therapeutic goals;

•  The potential for a patient's restoration within a
predictable period of time, if applicable;

•  The time frame in which the prescribing physician
will review the case for the purpose of evaluating a
patient's status and before reassessing the medical
necessity of ongoing treatment; or

•  The maintenance, palliative relief, or the slowing of
decompensation in a patient's status, if applicable.

Determinations of the medical necessity of skilled care must be
based on the applicable standard of care."

Writers and advisers who are not part of the medical community
often confuse custodial care and skilled care with specific care
activities. For example help with the activities of daily living and
many of the items on the list in the previous section are care activities
thought to be by definition custodial care. Whereas the monitoring of
vital signs, ordering medical tests, diagnosing medical problems,
administering of intravenous injections, prescribing and dispensing
medicine, drawing blood, giving shots, dressing wounds, providing
therapy and counseling are all activities normally associated with
skilled care. But many non-medical advisers and writers don't know
that skilled and custodial refer to the people who deliver the care not the
actual care given.

A skilled care provider can also provide services normally thought to
be provided by custodial caregivers. Such things as help with activities
of daily living and so-called instrumental activities of daily living
are often furnished by skilled providers in the course of their treatment.
Or a skilled care plan may call for services that can be delivered by a
custodial caregiver but it would still be under the skilled plan of care
for that individual. On the other hand people who deliver custodial
services may from time to time perform those activities supposedly
reserved for skilled providers. Such things as taking blood
pressure, administering medicines, giving shots or changing wounds
might be provided under certain circumstances by a custodial provider.

Please remember that the terms skilled and custodial do not refer
to specific types of long-term care services but rather who
delivers those services.
Also the delivery of skilled services must
be done under a written plan of care which often includes
custodial care services.

Does Medicare Cover Custodial Care?
Of course it does. Medicare routinely pays for custodial care in every
skilled care setting for which it provides payment. Medicare will
not pay for custodial care in the absence of a skilled care plan.

Medicare covered nursing home stay
A patient receiving skilled care in a nursing home from Medicare
not only receives care from skilled providers such as nurses,
therapists or doctors but also receives care from custodial providers
such as aides or CNA's. This care usually consists of help
with bathing, dressing, ambulating , toileting, incontinence,
feeding and medicating. Medicare does not exclude the custodial
services but pays the entire bill because custodial care is a necessary
part of the skilled care plan in a nursing home.

Medicare covered home care
Custodial care is always a part of a skilled care plan for home care.
The patient receives skilled care from a nurse or therapist and
custodial care from an aide for help with bathing, dressing,
ambulating , toileting, incontinence, medicating and possibly feeding.
Medicare pays for both types of services.

Medicare hospice care
The hospice team consists of a doctor, a nurse, a social worker,
a therapist when needed, a counselor and an aide to provide
custodial care. Help with activities of daily living is provided at
home or in a Medicare approved hospice facility. Custodial care is
always a part of a hospice plan of care and Medicare routinely
pays for these services.

Please note that there is no such thing as a custodial nursing home. 
All nursing homes are by definition skilled care facilities because
they have nurses who are skilled care providers.  Also be aware
that not all states license intermediate care facilities which might
provide less than 24 hour registered nursing care. "Skilled care
patients" in nursing homes are referred to as such because they
 are receiving payment from Medicare or sometimes payment
from private health insurance plans.  Practically all nursing home
residents have medical needs but Medicare and other insurance
plans will only pay for patients that have certain acute medical
needs where recovery is anticipated.  Patients with chronic medical
problems are typically not covered by Medicare but would be
covered by Medicaid.

The confusion with understanding the term "skilled nursing care"
probably comes from Medicare itself. To be a certified Medicare
nursing home and receive payments from Medicare a nursing home
must meet the Medicare definition of a "skilled nursing facility".
This means there must be registered nurses on duty 24 hours a day,
there must be a doctor on call at all times and there must be ambulance
service to a local hospital. Medicare may also require additional
staffing and facility arrangements to receive certification. It is unfortunate
that the word "skilled" is used in this definition. All nursing homes
whether they meet the definition of a "skilled nursing facility" or not
provide services from a nurse, doctor or therapist and this meets the
medical definition of skilled care. Many states have adopted the same
federal criteria for licensing their nursing homes. In some states the
"skilled" definition is the only option for a nursing home. But in some
states facilities with lesser services can receive different licensing
classes. These might be called intermediate care facilities or "small
nursing homes".

Formal Care versus Informal Care

Formal Caregivers
Formal caregivers are volunteers or paid care providers associated
with a service system. Service systems might include for-profit or
nonprofit nursing homes, intermediate care facilities, assisted living,
home care agencies, community services, hospice, church or charity
service groups, adult day care, senior centers, association services,
state aging services and so on. More detail on the services,
availability and costs of nursing homes, assisted living facilities and
home care agencies are provided in other sections of this article.

During 1998, in the U.S. , 9.5 million patients were served by home
health agencies and 576,000 by hospice care. This care was
provided by approximately 13,000 agencies, nationwide. The percent
distribution of disorders requiring home care were: diseases of
circulatory system-25.2%, injuries and poisoning-9.9%, muscle
and skeletal disease-8.8%, respiratory-8.4%, cancer-7.3%, endocrine,
nutrition, metabolic, immune-5.4%, nervous system- 4.3%, others-
balance of distribution. Of the patients served by hospice, about 76%
had cancer or heart disease.

In 1997, there were about 17,000 skilled and intermediate term nursing
homes in the US serving 1,609,000 residents. About 1,465,000, or
91% of residents, were age 65 and older. Out of those 1.5 million
elderly patients in nursing homes in 1997, as a percent of the total,
help was provided with 1 or more activities in the following categories:
bathing or showering-96.2%, dressing-87.2%, using toilet room-56.2%,
eating--45%, transferring to chair or bed-25.4%.

As of the year 2000, an estimate by NatWest Securities places the total
number of assisted living beds nationwide at 1,387,836 beds with total
revenue of $33.1 billion.

Some ALFs have found a niche in providing care to Alzheimer's
patients and many ALFs are exclusively dedicated only to Alzheimer's
residents. This disorder requires constant supervision but not necessarily
from the more costly skilled medical staff found in nursing homes. And
since at least 5% of those over 65 and 46% of those over 85 suffer from
mental impairment, this provides a potentially large market for ALF
Alzheimer's facilities

Not all residents of ALFs need care or assistance. Many are there because
they want a simpler lifestyle without the worry of maintaining a home
and they seek the companionship of other people their own age.
They have chosen assisted living because they may need some minor
help with IADLs but they anticipate a time when they may need
the more intensive care available with an ALF.

As of 1996, ALF residents who were independent with ADLs
(needing no assistance) were as follows: eating--88%,
transferring--84%, toiletting--78%, dressing--58%, bathing--49%.
A recent survey of assisted living administrators estimated
that 24% of their residents received assistance with 3 or
more activities of daily living, such as bathing dressing
and mobility. They estimated that about one-third of residents
had moderate to severe cognitive impairment.

Informal Caregivers
Informal caregivers are family, friends, neighbors or church
members who provide unpaid care out of love, respect, obligation
or friendship to a disabled person. These people far
outnumber formal caregivers and without them, this country
would have a difficult time providing funding for the caregiving
needs of a growing number of disabled recipients.

Depending on the definition of caregiving, estimates of the number
of informal caregivers range from 20 million to 50 million people.
This could represent about 20% of the total population providing part-time
or full-time care for loved ones.

The typical caregiver is a daughter, age 46, with a full-time job,
providing an average of 18 hours per week to one or more of her parents.

Among adults aged 20 to 75, providing informal care to a family or friend
of any age, 38% care for aging parents and 11% care for their spouse.
About two-thirds of those caregivers for people over age 50 are employed
full-time or part-time and two-thirds of those-about 45% of working
caregivers-report having to rearrange their work schedule, decrease their
hours or take an unpaid leave in order to meet their caregiving responsibilities.

A recent study estimates these people lose about $660,000 in wage
wealth over their lifetime because of work sacrifices. And estimates of
productivity losses to businesses because of time off for caregiving
range from $11 billion to $29 billion yearly. The average amount of time
informal caregivers provide assistance is 4.5 years but 20% will provide
care for 5 years or longer.

Understanding the Progression of Care Commitment

The chart below illustrates the relationship of informal care to formal
care. As care needs increase, both in the number of hours required
and in the number or intensity of activities requiring help, there is a greater
need for the services of formal caregivers. Unfortunately, many
informal caregivers become so focused on their task they don't realize
they are getting in over their heads and they have reached the point where
some or complete formal caregiving is necessary. Or the informal caregiver
may recognize the need for paid, professional help but does not have the
money to pay for it.

It is the job of a care manager or a financial adviser or an attorney to
recognize this need with the client caregiver and provide the necessary
counsel to protect the caregiver from overload. An overloaded caregiver
is likely to develop depression and/or physical ailments and could
end up needing long-term care as well. Or the consequences of not being
able to cope with caregiving might even result in an early death for the
caregiver.

Intermittent Care
This would require the occasional attention of an informal caregiver but
there may also be a medical condition that may require expertise the
informal caregiver does not possess. As a general rule most people
receiving this kind of care would probably be in their own home
and the caregiver would be living or working close by and stop
only for occasional visits.

There is, however, a growing trend where the only family caregivers
may be living hundreds or thousands of miles away from their loved
one. In this case, a care manager would be hired to provide the intermittent
care for the loved one.

Part Time Care
This could still be furnished by an informal caregiver assuming there
is no extensive medical condition requiring frequent attention. It is
more likely under this scenario the care-recipient and the informal
caregiver would be living together. Or with no caregiver available
a decision would have to be made whether it would be in the best interest
of the care-recipient to receive formal care in the home or to go to a care
facility. Oftentimes a care facility can offer a better environment at a lesser
cost. On the other hand, many care-recipients prefer to remain in their
homes at all costs. And for long distance caregivers, hiring a care manager
is still the best option.

Full-Time Care
Full-time care can often be offered by informal caregivers living with the
care-recipient. But this arrangement is not always in the interest of the
caregiver. Because of the demand on a caregiver's time and attention,
this arrangement will often result in the caregiver suffering from
severe depression, social isolation and the development of medical
ailments. Again, the decision is often dictated by the lack of funds to
pay for professional care. But when the need for care has progressed
to a fulltime basis, advisers or family should be looking to implement
formal care delivery either in the home or in a facility. As with the
other care options above, a care manager could prove invaluable in
 selecting the setting and the care providers.

Depending on what causes the need for long-term care, a care-recipient
could start out at any point on the curve below. For instance a stroke,
injury or sudden illness may result in the immediate need for part
time or fulltime care. On the other hand the slowly progressing infirmity
of old age, the slow onset of dementia or a progressively deteriorating
medical condition may only require occasional help; beginning with
intermittent care from an informal caregiver but gradually progressing
to the need for fulltime, formal care.

 

Understanding Who Is Receiving Care and For What Reason

The following was taken from a presentation for the congressional
hearing below:

Congresswoman Nancy L. Johnson (R-CT), Chairman, Subcommittee
on Health of the Committee on Ways and Means, today announced that
the Subcommittee will hold a hearing on long term care.  The hearing will
take place on Tuesday, April 19, 2005, in the main Committee hearing
 room, 1100 Longworth House Office Building , beginning at 4:30 p.m.

"As our society ages, the question of how we finance long term care services
will become even more pressing.  About 9 million adults currently receive
long term care assistance, either in community settings or in nursing
homes.  Over 80 percent of those adults reside in the community,
not in institutions.  Among those 85 and older, about 55 percent require
long term care assistance.  Nearly 60 percent of elderly persons receiving
long term care assistance rely exclusively on unpaid caregivers,
primarily children and spouses.  Only 7 percent of the elderly rely exclusively
on paid services". 

The chart below indicates that as much as 22% of the population over age
65 could be receiving long-term care services.
It should be noted
however, that care for some of these people might only consist of a
moderate amount of supervision or help that can be handled easily
by an informal caregiver. But at least 7% or more of the aging
population is receiving care from formal caregivers in assisted living
or in a nursing home. In addition, with the current proliferation of non-
medical, paid home care services, probably a high percentage of
those receiving care in the home are paying for the fulltime or
occasional services of a formal caregiver.

 

Estimating The Number And Percentage
Of Elderly Receiving Long Term Care

Living arrangement for care recipients over age 65

Estimated number of long term care recipients over 65 (in millions)

% of total care recipients over age 65

% of the total population over age 65

Nursing Home for the Aged

1.62

20.00%

4.40%

Community Housing With Care

1.05

13.00%

2.90%

Home Care for the Aged

5.40

66.90%

14.70%

     Totals

8.07

100.00%

22.00%

 Age 65 And Older Population

 (2005 Estimate: Census Bureau)

36.7

 

 

Explanation of the data: The literature is replete with estimates of
adults receiving care in nursing homes ranging from 15% to 25% of
the total. We have chosen a figure of 20%. In 1999, according to CDC
nursing home survey, 1.47 million elderly were residing in nursing
homes. Since the number of elderly nursing home residents has
only been increasing slightly over the last 6 years, we used a 10%
increase for 2005 arriving at the figure of 1.62 million who are elderly
nursing home residents. Using this number we have extrapolated the
number of elderly receiving care in the community. To determine the
number of elderly receiving care in community housing with care we
looked at estimates from assisted living organizations varying from
1.0 million residents to 2.0 million residents. The reason for such a
wide range is that many community care housing arrangements are
in single owner homes where the owners are providing care for fewer
than five people. Most of these small care providers don't advertise
and there is some concern they don't license. It is therefore difficult to
track the number of people receiving community care but not living in
their own homes or in the homes of family members. We chose a
number halfway between the two at 1.5 million residents receiving
community care. But the national long-term care survey in 1999
indicated only about 70% of residents living in community housing with
care are actually receiving care services. Thus the number of 1.05
million residents. All other numbers and percentages were
extrapolated from actual census data and from the numbers already
mentioned. Since a large number of care recipients are under the age
of 65 we don't come up with as many people receiving long-term
care as indicated in the excerpt from the house committee report above.
 

The data for the chart below were taken from an AARP research
article and represent the year 1995. It should be noted that long-term
care-recipients below the age of 65 are not typically part of the workforce
or ever were. For the most part these are people who were born
with developmental disabilities or mental retardation or developed
these conditions early in life. They are healthy otherwise and may live
a normal life span which could be scores and scores of years. Most
long-term care-recipients over the age of 65 were healthy and functioning
prior to developing a need for care. For these people the need for care
seldom lasts longer than three to five years after which many will die.
Since care-recipients under age 65 may live six to ten times longer
than the elderly care-recipients, the younger folks tend to
accumulate in numbers and skew the statistics. This often
leads to misinterpretation of data describing the age populations
receiving care.

If statistics were available comparing the number of people needing
long-term care for the first time in any given year, the incidence rate
for the elderly population would be significantly higher than that for the
younger population.

It should also be noted that the younger care-recipients are typically
covered by Medicaid and receive payments from SSI. They don't struggle
with the same lack of funding issues as the older generation. The
reason for a low percentage reporting under age eighteen is because
reporting methods for long-term care don't apply to this younger age group.

 

 

The chart below reveals significant proportions of the population under
age 65 may need physical or emotional help from other people. But,
as has already been pointed out above, there are some in the population
who have developmental disability or mental retardation and this may
explain the high number of disabled under age 65. Of particular interest
is the fact that close to half of the population over age 75 is disabled.
Since more and more people are surviving to age 75 and beyond we
can only expect an increased demand for long-term care services in
coming years.

 

Source: 2005 Statistical Abstract Of The United States , Health And Nutrition

 

The chart below shows a general classification of the types of
disabilities people age 65 and older are dealing with. Note that a little
over four out of ten of all elderly are dealing with some form of
disability. Also note the large number of elderly who are afraid to
leave their homes by themselves. About one in five elderly can't
leave home alone.

 

Source: 2005 Statistical Abstract Of The United States , Health And Nutrition

 

The 2 following charts were taken from a presentation for the
congressional hearing cited below:

Congresswoman Nancy L. Johnson (R-CT), Chairman, Subcommittee
on Health of the Committee on Ways and Means, today announced that
the Subcommittee will hold a hearing on long term care.  The hearing will
take place on Tuesday, April 19, 2005, in the main Committee hearing
room, 1100 Longworth House Office Building , beginning at 4:30 p.m.

 

Distribution of Medicare enrollees age 65 and over using assistive devices and/or receiving personal care for a chronic disability, 1984, 1989, 1994, and 1999

 

Percentage of Medicare enrollees age 65 and over with functional limitations, by residential setting, 2002 


 

The Big Picture--How Much Does It Cost and Who Pays?

The following was taken from the same presentation from the
congressional hearing cited earlier:

"In 2004, according to CBO, approximately $135 billion was spent on
long term care for the elderly.  Sixty percent of this amount was financed
through Medicaid and Medicare, one third through out-of-pocket payments,
and the remainder by other programs and private insurance.  This
funding excludes the significant resources devoted to long term care by
informal caregivers (primarily spouses and children).  The CBO estimates
that informal care is the largest single component of long term care".  

Estimates of the equivalent cost of informal care provided by family
or friends run as high as $300 billion or more a year. If the Federal
government were providing this care instead of unpaid caregivers,
the combination of funds already expended and the potential costs
would be the third largest single budget item exceeded only by
Social Security and defense spending.

 

Source: 2005 Statistical Abstract Of The United States , Health And Nutrition

 

The chart below was taken from the same presentation
from the congressional hearing cited earlier:

The chart below tracks all categories of health care costs for the elderly.
There are four categories that pertain to long-term care services.

The first of these bars is titled "hospice". Hospice care is paid
 exclusively 100% by Medicare. This typically covers an hour or less
a day for palliative care for a terminal condition. Additional hospice
coverage could be covered out of pocket or by long-term care insurance.

The second category is called "home healthcare". This is the kind
of care covered on a temporary basis and under prescription from a
doctor and normally paid by Medicare. Of note is the fact that 15% of
this care is not covered by Medicare. The other costs may be
covered by the veterans administration, the national institutes of
health, the bureau of Indian affairs or private insurance. This care is
provided by companies called Home Health Agencies. These
companies provide the skilled and custodial care as part of a
plan of care prescribed by the doctor and limited to a certain
period of time (money is usually provided for a 60 day period). Home
care from Medicare does not cover long-term care needs beyond a
few months.

The Veteran's Administration will also pay for home care for qualifying
veterans on a basis similar to Medicare: however, it is probably
paid more liberally without a definite cut off of services. VA home care
must be approved by a medical staff at the local veteran's hospital.

In the last ten years we have seen an astounding growth of
companies providing non-medical home care which is not typically
covered by government programs but must be paid directly by the
family. Costs are also covered if the recipient has long-term care
insurance. Many home health agencies are also offering this care as
a separate service. There is no plan of care unless these services
are sub-contacted under a plan of care by a hospice or home
health agency which is sometimes the case. In some states Medicaid
will also pay for this kind of care under certain conditions. There
is also no limitation on how long Medicaid services can be offered.
The data for these services are not represented in the chart below.

The third category is entitled "short term institution". This is a
misleading title that refers to Medicare nursing home coverage after
a three day hospital stay. Note that not all of this care is covered
by Medicare. This is because a short term nursing home stay may
not have met the three day rule, or did not originate from a hospital
or require skilled care, which are all prerequisites for Medicare
to pay. The services may also have been covered by other government
agencies such as the VA, the bureau of Indian affairs, private
insurance or Medicaid.

The fourth category is "nursing home/long-term institution". Note
the reversal of who pays the bill. In this case it is shared by the
family and Medicaid. The other" category might include payments
by the veterans administration and the bureau of Indian affairs
or private insurance. Many of those paying out of pocket are going
through a spend-down process to deplete their assets in order to
 qualify for Medicaid. People with too much income or assets will
not qualify for these government, means tested programs and
must pay for long-term care institution costs out of their own pockets.

 

Sources of payment for health care services for Medicare enrollees age 65 and over, by type of service, 2001

 

How Reliable Are National Cost Surveys?

Nursing Home Phone Sample, Cost Surveys
We recently completed a survey of the cost of all nursing home
beds in our state. We then calculated the average cost and the median cost
on a weight adjusted basis of the number of beds in a given cost category.
Our average cost was significantly and statistically less than a national
sample survey for our state in the same year. Our median cost (the halfway
point cost of all beds more costly equal to the same number of beds less
costly) was significantly less than our average cost and the national
survey cost.

We believe that it is not possible to do a reliable sample phone
survey of nursing home costs because all nursing homes in a given
state are not the same in structure and operation and marketing
philosophy. Because of a lack of uniformity, all nursing homes in the
state will not follow a standard statistical distribution on costs and
therefore a random sample survey will not give reliable results.

We could probably use up six or seven pages describing in detail
the factors that affect private-pay bed rates for nursing homes.
Also the application of these factors and different state
approaches on regulating nursing homes affect the private-pay bed
rates from state to state. Here are some of the factors:

  • State regulation allowing skilled only or also intermediate care facilities
  • The degree to which a state attempts to control the supply of beds and the
    subsequent occupancy rate
  • The number of non-certified nursing homes that cater to the wealthy and charge
    higher rates
  • The number of specialty nursing homes that use a different private pay long term
    care rate structure
  • State Medicaid reimbursement procedure and policy which may affect the
    setting of private-pay rates
  • State imposed staff ratios which may vary from state to state and vary for different
    types of facilities
  • Whether Medicare reimbursement for a particular area is covering actual costs
    and if that is reflected in private-pay rates
  • Whether an existing home has paid its plant costs or is still amortizing those
    costs
  • The cost of liability insurance from region to region and state to state

Assisted Living Cost Surveys
Sample phone surveys for assisted living costs are acceptable as
far as they go, but they probably don't reflect the entire assisted living
service market. Surveys are not reliable as a comparison from state to
state because of the differences in services offered between states.

The term "assisted living" is a marketing tool that refers to a large
number of different community living arrangements that also offer care.
There is no uniform regulation of these services from state to state.
Some states regulate on the basis of number of residents while other
states regulate on the basis of services offered. Not all states use the
term assisted living for these living arrangements. In the states that
control services, some of those states allow very little in the type of
services offered and residents in those states must go to a nursing
home to receive more extended services. On the other hand, some states
even allow assisted living to offer nursing home skilled services under
certain conditions. Obviously the services offered will affect the cost of care
and the cost of an assisted living arrangement. Also in some cases
assisted living cost includes the cost of long term care services and
in other cases the cost is charged in addition to room and board.

A large number of operations offering community living with care are
invisible to the public. They are small operations that don't advertise
and probably fail to register with their state health department. Their
residents come to them via referrals from others. For purposes of
classification we will call these "board and care " facilities.

These are operations using a residential home and housing
residents in bedrooms in the home, sometimes shared with another
person. Dining facilities, living room and bathrooms are shared. Some
of these operations are employer and employee companies but
the vast majority are run by the people who own the home and have
taken in aged boarders to supplement their income. Long term care
services are usually limited to what the owner operators can
handle themselves. To augment services, a number of these
operations will bring in home health agencies to help with medical
conditions.

Board and care operations naturally have a lower cost of operation
and will charge their residents typically much less than the apartment-
based assisted living facilities included in national surveys. The surveys
will not include these providers because they don't advertise, they don't list
in the phone book and many have failed to license with their health
department.

Home Health Agency Cost Surveys
Since 85% to 90% of home health agency cost is covered by government,
such surveys are of little use to the public because the government will pay
for it.

What would be very useful is if surveys were to include the cost of non-
medical home health services. These costs are borne by the public and it
would be useful for planning purposes to know what the cost is in a given
area. Perhaps the national surveys will add this information in the future.

 

GOVERNMENT PROGRAMS ONLY PAY FOR ABOUT
16% OF LONG TERM CARE

Government programs such as Medicare, Medicaid and the
Veterans Administration will cover the cost of long-term care under
certain conditions. Medicare will cover rehabilitation from a hospital
stay or limited care at home if there is a skilled (medical) need. The
Veterans Administration will cover the cost of nursing home care
indefinitely if the veteran is at least 70% service-connected disabled.
The VA will also cover other forms of home-based or community-based
care if there is a medical need.

Medicaid will cover both medical and non-medical related long-term care
but in order to qualify for Medicaid a person has to have less than
$2,000 in assets and income that is insufficient to pay the cost of care.
In other words a person must be impoverished. Otherwise Medicaid will
not pay.

Based on our analysis of yearly, one-on-one care hours, we estimate
that about 84% of all long-term care is not covered by government
programs.
This is primarily family-provided home care to help with
activities of daily living, or help with maintaining a home, providing
meals and support, or care services providing supervision or
companionship or providing transportation and shopping services.
Care not covered by the government is also care provided from family
out-of-pocket payments in nursing homes and assisted living facilities.
Families are also hiring more and more aide services to help with
care at home.

Estimating the equivalent cost of home care

Based on the chart below about 71% of all long-term care hours are
provided in the home by family. (We have excluded home care
hours from Medicaid and Medicare programs.) Most of this care is
provided free of charge by family members, friends or volunteers.
However some is provided by professionals or aides paid from family
funds or from insurance. If we were to multiply the total number of
home care hours we derived for the chart below times the average
hourly cost for home health aides, we would have an equivalent yearly
cost of home care in this country. We estimated about 16,556,400,000
hours per year of home care in 2000. The number of elderly has grown
about 1% per year since then. This gives us roughly 17,400,943,000
hours in 2005. The MetLife annual survey estimates the cost of home
health aides is $18 an hour.

Multiplying the two figures together gives us $313.2 billion of
equivalent home care cost.

This is roughly 3 times the total current amount the state a
nd federal government pays yearly for all long-term care services.
If the federal government had to pay all home care costs in this
country combined with what it already pays for long-term care,
the cost would be the third largest single expenditure in the federal
budget exceeded only by Social Security and defense. Many
people are pushing the government to do just that.

 

Source: Thomas Day at longtermcarelink.net

The chart was derived and extrapolated from a number of sources.
Also a number of educated guesses were made in order to complete the
data. These were estimates of daily care hours including services
such as homemaker and housekeeping services for various care
systems. Some of the estimates were based on examples of acuity
standards and personal experience. We feel that although the data may
contain some error, you can get an appreciation of the amount of care
in terms of hours yearly that is provided by the major care systems
in this country. The number for home care hours provided comes from
the 1999 National Long-Term Care Survey where the respondents
indicated the average number of weekly hours provided for care was
42 hours. The hours per patient in nursing homes were estimated
from the 2000 survey of nursing home staffing done for Congress.
Hours and length of stay for Medicare home care, Medicare nursing
home and hospice were taken from CMS sources.

The analysis is for the year 2000. The most complete data set is
from surveys and statistics published in 1999 and 2000. There is
not a current complete data set available to do this analysis for a
more current period.

Source: Thomas Day at longtermcarelink.net

The average length of stay for long-term care nursing home residents
is 2.43 years. Source: CDC, National Nursing Homes Survey, 1999

The estimated average length of stay for home care is 3 to 5 years
 depending on the care setting. Source: 1999 National Long Term
Care Survey

A 1999 survey done by the National Council for Assisted Living estimates
the average length of stay in an assisted living facility ranges
from approximately 2.5 to 3 years.

 

 

 

HOME CARE

Long Term Care For The Elderly, Supervised or Provided By Family
or Others at Home (Informal Care Givers)

 

DESCRIPTION:

The supervision of care or hands-on care from informal caregivers,
who are usually family and friends, is limited to activities that don't
require a skilled background. Lifting , bathing, dressing, diapering,
toileting and helping with walking can be a challenge to family
caregivers because they don't have the proper tools or are not
trained in this area. Or the children of elderly care-recipients may
have difficulty dealing with cleaning messy bottoms or bathing
their parents. Another problem may be handling errant
behaviour from dementia. Because of this, some caregivers bring
in paid providers to help with lifting, walking, bathing, incontinence,
toileting, dressing and dementia supervision. Another home care
arrangement is for family members, who are not living close by
or who are employed fulltime, to become supervisors and coordinators
of care but to offer only limited, personal, hands-on care.

Home care is almost always provided in the home of the recipient or
the home of a family member or friend. Home care may under
certain circumstances be offered in other settings such as group
homes or independent retirement communities. Estimates are that
67% of all long term care for the elderly is provided by caregivers in
the home.
Below is a restatement of the activities provided by or supervised
by family caregivers and listed at the beginning of this article.

  • Help with walking, lifting and bathing
  • Help with using the bathroom and with incontinence
  • Providing pain management
  • Preventing unsafe behavior and preventing wandering
  • Providing comfort and assurance or arranging for professional counseling
  • Feeding
  • Answering the phone
  • Making arrangements for therapy, meeting medical needs and doctors' appointments
  • Providing meals
  • Maintaining the household
  • Shopping and running errands
  • Providing transportation
  • Administering medications
  • Managing money and paying bills
  • Doing the laundry
  • Attending to personal hygiene and personal grooming
  • Writing letters or notes
  • Making repairs to the home, maintaining a yard and removing snow

Source for all charts: 1999 National Long-Term Care Survey

 

   

LENGTH-OF-STAY:

Because it is not typically covered by the government, inclusive statistics
 for how long home care can last are lacking. The 1999 national long-term
care survey did ask how long caregivers have been offering care. We do
not have the data for length of stay for particular types of conditions but
reports from the survey indicate home care can last 3 to 5 years.

COST:

There is usually little ongoing cost for services with this type of care
since services are mostly furnished free of charge by informal
caregivers. However, there is a growing trend for out-of-state or
fulltime employed caregivers to bring in paid provider services for
home care.
There can also be significant costs for supplies,
medications, hospital equipment and home modification.

Supplies could include diapers, wipes, pads and personal hygiene
supplies. These are paid typically out-of-pocket and surprisingly could
cost as much as $200.00 to $400.00 a month.

Medications are currently not covered by Medicare and must be covered
by the care-recipients, although Medicare prescription drug coverage is
coming next year. The savings from Medicare part D may be useful to
help the elderly pay for other long-term care costs. Currently drugs
could be costing an older individual $300.00 to $600.00 a month.
Those requiring long term care are probably taking more medications
than their peers in the community who are relatively more healthy.

Hospital equipment includes such things as special air beds,
walkers, wheelchairs, scooters, stools, oxygen equipment,
crutches and hospital beds. Generally these costs are covered by
Medicare but co-pay must be made unless the recipient has
a Medicare supplement policy which should pick up the additional
cost.

Home modification could include building ramps, widening doorways,
installing special showers and toilets, installing lifts and handrails. These
costs are borne by the care-recipient or her family.

If the family finds it necessary to bring in a homecare agency to help with
lifting, bathing, walking, incontinence, toileting, dressing or supervision the
cost could be anywhere from $12.00 to $25.00 an hour depending on the
area of the country and whether there is a contract for extended weekly services.

WHO PAYS?

As has been mentioned, this care is typically provided free of charge by
informal caregivers who are family or friends. But increasingly, Medicaid
is also paying for these home services for those who are Medicaid qualified.
In order to receive Medicaid home care a person must qualify for Medicaid
and spend at least 90 days in a nursing home. Local area agencies on
aging sometimes in conjunction with Medicaid will often pay for home
repairs, transportation and snow removal for low income recipients. In
addition, many low-income people can receive rent subsidies and
help with utility bills from Federal and local governments. The local area
agency on aging can furnish information on these programs.

Medicare will also pay for home care services on a limited basis to
help a person who is homebound recover from an injury or medical
condition. Medicare provides a home health agency about 60 days
worth of payment to help with the recovery. If the recipient fails to
respond, deteriorates or is not improving in any way Medicare will
no longer cover the cost of care.

For people with low incomes, area agencies on aging provide some
free help. There are volunteers who will sit with a care-recipient to give
some free time to the caregiver. There is meals on wheels at no cost or
very low cost. Senior centers are usually sponsored by area agencies
on aging and they sometimes provide transportation for a disabled
person at home. If the person requires no medical attention, the
caregiver can allow her care-recipient to spend some time at a
senior center and she can get some rest. About three years
ago Congress appropriated some money for caregiver respite.
This should be available to all caregivers regardless of income
level. Area agencies also provide legal help, counseling,
caregiver support groups and a whole raft of other benefits. And of
course the local agency is a great resource for other senior support
programs that are available in the area.

 

LONG TERM CARE INSURANCE FOR HOME CARE

For those who have the foresight to buy it, long-term care insurance
will cover the cost of home care either for help with activities of daily
living, with supervision for dementia and, if it is a newer policy, for
help with many of the other activities listed at the beginning of this
section. These activities are called "homemaker services". Most policies
will pay in addition, for home modification and other necessary training
and support to help a person remain in the home.

Providing informal long term care services at home is changing
significantly for the American public. Traditional caregivers are now
employed full time or are living away from their loved ones and
cannot provide the care directly. It is becoming increasingly
difficult for caregivers to provide the level of care offered in the
previous century. The time for long-term care insurance to play a
significant role in paying the cost of home care has come.

A recent survey by LifePlans, Inc. (see table below) indicates that
people with long term care insurance will purchase services with
the insurance they normally would have furnished for free themselves.
This is an extremely important issue because caregivers may often have
money to pay for these services but will not spend it because, as
they reason, they may need the money after their loved one is gone.
By not seeking help, many caregivers destroy their own emotional and
physical health struggling to provide countless hours of care for a loved one.

The insurance survey specifically pinpointed the fact that with insurance
to help, the stress from caregiving was substantially reduced, especially
for caregivers who were employed and working outside of the home.
Caregivers were given a needed rest. And unlike the tendency to
avoid using personal funds, people with insurance will almost always
use it and make claims to help with care.

Source: LifePlans, Inc

 

 

UNDERSTANDING LONG TERM CARE INSURANCE BENEFITS

General Observations
Long term care insurance is a complicated product. With over 16
 different benefit options to select from and each option offering 2 to
4 choices (daily benefits may offer up to 30 choices) there are
hundreds and possibly thousands of policy combinations under the
same plan. This can result in hundreds or thousands of different
premiums.

In an effort to keep it simple, group plans will preselect 3 or 4 different
benefit combinations for employees along with a few additional riders
such as shortened pay, inflation protection and non-forfeiture. This
cuts the number of options to 10 or 15. It also serves another
purpose. By forcing everyone to buy predefined benefits, employees
who are sick or disabled are prevented from selecting very generous
benefits for themselves. Since these people are more likely to make
claims, the size of their claims are held in check and they cause less
negative impact on the risk pool.

But restricting benefits, causes the healthy employees to miss the
advantages of richer and better plans. And in many cases restricted
benefits force them to buy inadequate coverage. The danger here
is that employees think they're covered when they're really not.
For instance, in order to make policies look like a bargain so as to
increase participation rates, many carriers don't require inflation protection.
Or they offer incomplete protection. They don't even stress it's
importance. Employees think they're buying adequate coverage, but
35 years from now, without proper inflation protection, their insurance
may not even buy the sheets on their hospital bed. (Perhaps this
is an exaggeration to make my point, who knows?) In fact, as I
mentioned in a previous chapter, a recent survey of people
currently using insurance benefits for care, reveals they have
inadequate coverage for their actual LTC needs. Another bad idea,
resulting in poor future coverage, is a carrier recommending a plan that
is cheap at first but allows periodic bump-ups in benefits with
corresponding premium increases. I'll explain the problems with this
strategy later.

This is why I usually recommend that you choose a plan that
allows the selection of additional benefits. These extra options are
always medically underwritten, but at least employees have the
opportunity to get better coverage. Probably 90% to 95% of actively
working employees will qualify for preferred rates under a
medically underwritten plan. Or you may want to offer an additional
individual plan some time after having met the initial participation
goals with enrollment of your primary plan. If it were an individual plan,
you could offer it as a supplement with no enrollment period. People
could sign up at any time during the year.

One other observation. Because it's so complicated and because
the wrong choice of benefits now may not have implications for 30 or
40 years, it's important you deal with an advisor who only specializes
in long term care insurance. This is a recommendation often
repeated in numerous public awareness articles over the past 10 years.

Receiving Benefits-Qualified and Non-qualified Policies
HIPAA (Health Insurance Portability & Accountability Act of 1996)
legislation is specific for receiving benefits under a tax qualified policy.
First of all it defines qualified long term care services and then
defines the conditions to be met for the insurance to pay. All qualified
policies contain derivations of this language:

Qualified Long Care Services
Qualified long term care services are:

1) Necessary diagnostic, preventative, therapeutic, curing, treating,
mitigating, and rehabilitative services, and maintenance and
personal care services, and 2) Required by a chronically ill
individual and provided pursuant to a plan of care prescribed by
a licensed health care practitioner.

Chronically ill individual

You are chronically ill if you have been certified by a licensed
health care practitioner within the previous 12 months as one of the
following:

1) You are unable for at least 90 days, to perform at least two activities
of daily living without substantial assistance from another individual due
to loss of functional capacity. Activities of daily living are eating,
toileting, transferring, bathing, dressing and continence, or

2) You require substantial supervision to be protected from threats to
health and safety due to severe cognitive impairment.

Non qualified policies use similar benefit triggers but usually add a
third trigger: "If deemed medically necessary" Which might make
qualification easier. These policies also leave out the restrictive
language such as: "substantial supervision", and "for at least 90 days".
On the other hand this more liberal approach is offset by the fact
that the insurance company often determines eligibility with non-
qualified; whereas, a third-party, impartial, licensed health care
practitioner certifies eligibility under qualified policies. Cognitive
impairment covers Alzheimer's, stroke, dementia and other organic
nervous disorders with both policy forms.

Some policies include an IRS definition waiver that also lessens the
advantage of the "medical necessity" clause of non-qualified contracts.
These waivered qualified contracts allow either as a policy rider or by
contract language the "substantial assistance" (which is interpreted as
hands-on assistance) to be redefined as "substantial or standby
assistance". Standby assistance does not require "hands-on" and
may be nothing more than verbal encouragement or an assuring presence.
This added dimension under some circumstances might make it
easier to certify for benefits under a qualified contract. Read your policy
carefully, not all contracts offer this more liberal provision.

Understanding Facilities Care Daily Benefit Amounts
Daily nursing home benefits are the most integral part of the coverage.
This is all policies offered 30 years ago. All the other benefits have been
tacked on since.

Daily policy benefits cover primarily room and board and skilled or
custodial care which are usually included in the whole package price
from an institution. Anything payable by Medicare is not covered by the policy
but Medicaid can pay in addition to insurance. All levels of licensed facilities
are covered to include Alzheimer's facilities, skilled care, intermediate care
and custodial care facilities. Assisted living facilities (ALF) or alternative
care facilities (which in many states means assisted living) are covered
under all modern integrated policies. ALF may be covered under the
facilities part or it may be covered under the home and communities care
part of the policy. The best policies cover it under facilities. When covered
under home care it often pays at the 50%, 75% or 80% of facilities
reduced benefit imposed on home care. Bear in mind that it's possible to be
in a facility especially an ALF and not qualify for insurance to pay the bill.

More recent long-term care policies pay benefits incurred during a
monthly or weekly period instead of benefits incurred daily. As an example
one policy may pay benefits incurred up to $100.00 per day and another
policy may pay benefits incurred up $3,000.00 per month. Total benefits
paid may be the same under either policy as long as no combination of
claims in any given day exceeds $100.00. But what if, for example,a
claim for $500.00 is made on a particular day. The $3,000.00 a month
policy will pay the full $500.00. The $100.00 a day policy will only pay
$100.00 and the other $400.00 will have to be paid out of personal
funds. Obviously the policy paying weekly or monthly is more likely to cover
all of the eligible long-term care costs when compared with the policy
paying daily. This extended benefit may be an integral part of the policy or
it may be purchased as an additional rider. It may only apply to home
care or nursing home care or it may apply to all benefits offered under
the policy.

Determining the amount of daily benefit is a financial planning exercise.
Since LTCi is primarily a product for old age, the amount of daily
benefit is determined by sources of retirement income and how much
of that income can be used to supplement insurance to pay LTC costs.

I have found that individuals with higher incomes and for whom premiums
are more affordable, prefer to buy the average daily benefit cost of
coverage for their region and protect it with a compound inflation rider.

Understanding Home and Community Care Daily Benefit Amounts
All recent surveys indicate people would prefer to receive care at home
rather than in an institution. In fact, 78% of all long term care is in the
community. Ironically, most group plans tend to limit home care to 50%,
75% or 80% of the amount paid for facilities. A $120 per day policy for
example might only pay $60 per day for home care, adult day care or
hospice, and if it's really a poorly designed policy, $60 per day for assisted
living. The insurance companies claim that home care costs less. It may
and it may not. It is true that government statistics show spending on home
care to be a small fraction of that for nursing homes. This is because the
78% of home long term care in this country is provided mostly by loving
family who receive no compensation for their services. Thus the low
numbers reflected in statistics. When home care gets to a point where
the paid services of professionals or aides are required, the tendency
is to institutionalize the person in need. This is because family physicians
and long-term care professional counselors know that to qualify for
Medicaid, the primary source of long-term care funding, a pay down
period of assets has to begin. In many states, Medicaid is biased towards
using nursing homes for care. (Some state Medicaid programs such
as North Carolina prefer to use home care programs) Because of
this bias, advisors urge caregivers to put loved-ones in institutions in
order to start the clock on asset spend-down. As insurance grows to
become a major source of funding, advisors and providers will tend
to favor home care. Thus, the current insurance company attitude to
providing less home care will have to change.

More insurance funding for home health care will reverse the current
trend towards institutionalization. I know from personal experience that
had home care insurance been available to my parents, they would have
used every dime of it for home care services. No one wants to die in a
nursing home. Adequate home care coverage keeps people out of
nursing homes. This is why I recommend choosing a plan that covers
100% home and community care.

Home care typically covers the services of licensed nurses, aides
and therapists. Some companies will cover certain activities of non-
licensed providers and even your own children as providers as well.
Also it is important to remember that home care is usually limited to the
five or six activities of daily living defined in the policy or for supervision
required for someone with cognitive impairment. Additional services
such as so-called homemaker services are not covered unless
specifically mentioned in the policy.

The options of what is covered and under what circumstances, vary
so much from policy to policy that I could take up 5 pages of type
trying to describe it. The only way to address this complicated but very
important area of coverage is to go over each policy and compare it with
the next.

Selecting a Benefit Period
For older buyers of LTCi, the primary determinant of how long benefits
should last is the size of their pocketbook. Most buy the benefit for what
they can afford in premiums. Those with high incomes pay what they think
is a reasonable premium. Still, this could be an outlay of $8,000 per year,
just because they think the insurance is a better alternative than paying
dollar for dollar out of pocket for care. Fortunately, the insurance cost for
people under age 60 is more reasonable and they have more flexibility
in choosing the benefit period that fits their needs.

It perplexes me that literature and sales material recommend using
nursing home stay statistics to determine the length of time a policy should
last. Nowhere do I find statistics using the homecare stay or assisted living
stay as the basis for buying a policy. And nursing homes and home care are
not mutually exclusive. A home care stay could progress to assisted living
and then to a nursing home.
Almost without exception, literature and
sales material cite a 2 1/2 year nursing home stay as an example of the
length of time one would need long term care. But yet a combination of
home care, assisted living and nursing home could easily add up to a
five or six year period of time.

You should never use a nursing home stay as the basis for how long
your policy should last.

Here's the way I approach it...Many people have the assets and a
healthy spouse usually has the stamina to survive 1 to 2 years of long term
care. It's the long term care that drags on forever that's devastating not
only to assets but also to the well being and health of loved ones. I
recommend that even if there's only a 10% chance that long term care
will last more than 5 years, you should buy the longest benefit period you
can afford-but definitely 5 years as a minimum.

The chart below shows that 22% of the population over age 65 is receiving
long term care either at home, in a community living arrangement such
as assisted living or in a nursing home. Note that the nursing home stay
is the shortest period of time for care. Also note that only 20% of all long
term care is in a nursing home.

Why then, if it is the most unlikely place for care and has the shortest
length of stay , would anyone use the nursing home as a basis
for determining the length of benefit?

Understanding Inflation Protection
Without inflation protection, a benefit that would be adequate today might
have much less buying power in future dollars. For example, 20 years from
now, $100 of daily benefit today would only have the buying power at 3%
inflation of $55. At 5% annual inflation, $100 would only be worth $38 in
today's dollars 20 years from now.

The question is, what inflation rate for long-term care services should
we anticipate over the next twenty or 30 years? At the end of this section
I have included a chart which I derived from the bureau of labor statistics
for the historical cost increase in urban nursing homes and adult day
care costs. During the 1970's and 1980's these costs increased close to
10% a year. For the past ten or so years these costs have increased a
little less than 5% a year. I understand the Centers for Medicare and
Medicaid Services are projecting per capita costs for Medicaid long-term
care to increase about five and a half percent a year over the next ten years.

As we look back over the previous century, the core inflation rate for all
goods and services has been closer to 3% a year increase. The reason
for the higher inflation rate for long-term care services is because
these services have a high medical component and medical costs and
services have been increasing year over year at a much faster rate than the
 core inflation rate.

Modern long-term care policies increasingly offer benefits for
so-called homemaker services. These would include services from
nonmedical aides to help not only with activities of daily living but also with
such things as shopping, transportation, light housekeeping, laundry,
cooking , and companionship. Since these services have no
medical complement, they should increase in cost closer to the core
inflation rate of about 3% a year. What this means to the policyholder is
that a policy with a 5% yearly, automatic inflation increase should buy
more homemaker services in the future than it does today.

One strategy often recommended by agents is to buy more benefit than
needed and over time the larger benefit will compensate for the loss in
buying power. This also helps with group policy enrollment since
many employees don't understand the significance of inflation. For
example, a $150 per day benefit without inflation protection, that costs
$40 per month looks a look better to an employee than a $90 per day
benefit with inflation protection that costs $49 a month. But which plan is
better for the employee? Let's take a closer look. I ran rate comparisons
for a 60-year old buying a 5 year benefit from 22 different companies
then took an average rate for all 22 plans. First, I ran rates for a $160
daily benefit with no inflation protection. The average premium was
$93.69 a month. Next, I ran rates for an $80 daily benefit with an
automatic inflation protection rider that increases the benefit by 5%
every year. The average premium was $88.95 a month. Surely,
doubling the benefit at only about $4 more per month looks like a
better deal and it should be more than enough to handle inflation. This
is true if a claim is made in the next 14 years as the benefit with
inflation protection has grown to exactly $160 a day when the insured is
 74 years 2 months and 3 days old. But remember, the average claims
age is 78. And what if the insured doesn't make claim until 83? At age
83, the no-inflation option is still stuck at $160 a day with a total lifetime
benefit of $292,000 whereas the inflation protected benefit has grown to
$246 a day with a total lifetime benefit of $448,442. I think this example
shows it's wiser to buy inflation protection than to ignore it.

There are 3 types of inflation protection. The first, automatic 5%
annually compounded, has been discussed above. The second is
automatic 5% simple interest. Compounding means taking 5% of the
previous year's amount and adding it on. Simple adds 5% of the
original amount. For instance, 5% simple on a $100 daily benefit adds
$5 per year. In 10 years the simple increase has pushed $100 to $150.
In 20 years, $100 becomes $200. On the other hand, 5% compound
has pushed $100 to $163 in 10 years and to $265 in 20 years. Beware of
hidden limits on the increase. Some policies only allow the increase to
double at which time it is frozen. Others put a time limit such as 20 years
on increases. Still others have an age limit on increases. A good policy
will not have limits.

The third type of inflation protection is an option to buy more coverage at
periodic intervals without reapplying and without evidence of insurability.
Most plans offer a 15% increase every 3 years. The addition to coverage
is charged at the attained age rate and added to the existing premium. So
if an employee elects this option every 3 years, his or her premium
takes a corresponding jump. Many representatives tout this concept as a
good way to get someone into a policy cheaply, then as the person's
income goes up, the future premium increases are more affordable and
at the same time the insured is keeping up with inflation. In theory it
sounds good, in practice it's a bad idea.

First of all, most people forget or don't bother to elect the increases
(I've seen this happen, firsthand, in numerous cases). And if they fail
over the years to elect a certain number of consecutive options, the
policy increase feature is rescinded. Thus individuals with this kind of
inflation protection usually fail to have adequate protection when they're
older. Second, if they do elect increases, they'll pay twice as much over the
life of the policy than had they elected the automatic protection. I did a
study of a 55-year old buying a policy with automatic inflation for $48.07
per month versus buying the 3-year periodic increase option for $29.33
per month. By the time of the second increase, in 6 years, the insured
will be paying $63.75 a month. To age 75 the insured will pay a total of
$32,592 with the periodic increase inflation option versus $14,421
with automatic inflation protection and end up with the same benefit at
more than twice the cost.

US CONSUMER PRICE INDEX FOR URBAN NURSING
HOME AND URBAN ADULT DAY CARE COSTS

The data below were derived from Bureau of Labor statistics available online. We need to
point out that these data are national averages. Regional rates may vary. You can expect
inflation to be higher in urban areas with tight bed supply. But higher inflation rates may
also reflect compliance with newly passed, tougher state staffing legislation as well as
higher costs from tough state penalty laws and resulting lawsuits.

 
Year
First Quarter
Second Quarter
Third Quarter
Fourth Quarter
Yearly Percent Change
1978
103.4
104.8
107.9
110.4
10.40%
1979
113.9
115.2
118.8
122.9
11.30%
1980
113.9
130.6
137
141.4
15.10%
1981
146.7
148.7
155
159.6
12.90%
1982
165.2
168.5
174.7
178.7
12%
1983
185.6
188.3
193.3
198.8
11.20%
1984
203.3
205.2
209.1
214.4
7.80%
1985
218.4
219.7
222.8
225.6
5.20%
1986
230.1
231.9
237.4
241
6.80%
1987*
244.5
248.5
 
 
 
1987**
101.5
103.5
105.3
107.2
7.20%
1988
110.7
112.7
116.6
120.8
12.70%
1989
125.1
127.8
132.2
134.7
11.50%
1990
137.9
140.6
146.2
151
12.10%
1991
154.3
156.2
160.3
164.2
8.70%
1992
169
171.1
174.5
177.7
8.20%
1993
181.8
184.7
188
191
7.50%
1994
194.1
196
199
201.9
5.70%
1995
204.3
205.6
208.5
210.8
4.40%
1996
214.9
216.2
218.5
220
4.40%
1997***
100.4
102
103.1
103.9
3.90%
1998
106
106.8
108.2
108.4
4.30%
1999
110.4
111.3
112.5
113.4
4.60%
2000
115.1
117
118.6
119
4.90%
2001
120
121
123.3
124.3
4.50%
2002
126.6
127.9
129.3
129.8
4.40%
2003
133.5
135.2
136.5
137.3
5.80%
2004
139.3
140.6
141.4
142.8
4.00%
2005
143.6
 
 
 
2.2% YTD

Q4 1987 to Q4 1996 (9 Years) => 8.3 %
Q1 1997 to Q1 2005 (8 Years) => 4.6 %

*1987=100

**USBL changed its measurement from "Other Hospital and Medical Care Services to
"Other Inpatient Services" with an index of 100 as of 1/1/87

***USBL changed its measurement to "Nursing Homes" as of 1/1/97


 


Elimination Period-It's a Lot More Complicated Than it Appears
Elimination sounds simple...It's the time a person has to pay out-of-pocket
for services before the insurance takes over. It's a waiting period to include
your recovery or demise. The insurance company uses it to reduce the
number of days it has to pay claims. For additional cost, you can buy a
0 day elimination but most agents offer a 90 day elimination. I think this
comes from the 100 day period that Medicare will cover for long term care.
On the other hand, I think it's poor planning to rely on Medicare for policy
design. I know from years of experience that it's not always that easy to
qualify for the 100 days of Medicare coverage.

What is difficult about elimination is that every company defines it
differently. I'm convinced that some companies have designed elimination
as a way to avoid claims. Again, as with home care, it would take
pages to explain the nuances of elimination. But as an example here
are some of the differing definitions: 1) Most policies define a day of
elimination as meaning a day of care, but a few define elimination as
a calendar day with no care required. 2) Some policies (2 pool) have 2
mutually exclusive elimination periods. Both have to be met. 3) Some
policies only require a once-in-a-lifetime elimination, others require it
for each new incident. 4) Some policies, under certain conditions
waive elimination for home care but require it to be met for facilities care,
but some will allow waived days to count towards facility elimination. 5)
Some policies require elimination to be met in a certain calendar period,
i.e.. 6 months, otherwise you start over. 6) Some companies recognize that
paid home care might only be for a few days a week and meeting a
90 day elimination could actually take 6 months or longer. These
companies credit a certain minimum number of home care days
(as an example 3 or more days a week) with a full 7 days of elimination
credit, even though actual care days were less. 7) At least one policy
requires elimination to be consecutive days of care. If you didn't get care
at least 7 days a week, you'd never get paid under that policy. The list
goes on and on.

Before you decide on a plan, I suggest you consult with someone who
has access to the insurance contract or understands the differences. Or
you should demand a contract and go over the elimination section yourself.
With some contracts and under some circumstances, a 90 day
elimination could result in an actual waiting period of 6 months or a year
before claims are covered. Under some conditions, the elimination with
some policies could never result in a benefit being paid. Some companies
have good elimination definitions and some don't.

Is it a "Stated Period" Policy or a "Pool of Money"?
Probably one of the most widely promulgated falsehoods used by
unknowing agents is that benefits from any particular policy always
represent a guaranteed specified pool of money. Some policies are a
pool of money and some are not. Many agents and most all of the buying
public don't understand the significance of the concept or how it works.

The misconception probably occurs because all contracts, whether
money pools or not, list a total dollar amount of benefit on the
contract declaration page. For instance a $100 per day policy that pays
5 years would list a total benefit of $182,000 on the declaration page.
($100 X 365 days X 5 years) Now if the policy paid only $50 per day for
of 5, right? ($50 X 365 days X 10 years = $182,000). Wrong! It would
only pay longer if it were a pool of money. If the policy is a "stated period"
policy then it will only pay for the specified period of years, whether you take
out $100 per day or $20 dollars per day. You only get the full $182,500 if you
take out the full $100 per day for 5 years. If you end up using 5 years of
home care you only get $91,250 out of the policy before it expires.
 

Obviously a pool of money is superior to a stated period. A pool of money
might let you stretch a 3 year benefit to 4, 6 or even 8 years if you didn't take
out the maximum daily amount. A stated period policy has no stretch. So how
do you know which is which? You will find it in the contract
language somewhere in the body of the contract. Rarely do insurance
carriers disclose the benefit type in their brochures. A pool of money
uses language that refers to the maximum lifetime benefit amount. A
stated period uses language that refers to benefits being paid for a period
of time.

2-Pool Policies
Most comprehensive long-term care insurance policies--so-called
integrated policies--cover all benefits from the same pool of money. You
can pick and choose between home care, assisted living, nursing
home, hospice or adult day care until the money or the stated period runs
out. A 2-pool policy segregates benefits into 2 pools of stated benefit periods
or sums of money. The 2-pool policy may be designed as an integrated
policy but it may also arise from adding a home care rider to a stand-
alone nursing home only policy. Or it may arise adding a nursing home rider
to a home care policy. The cobbled together versions usually have 2
mutually exclusive elimination periods. The integrated 2-pool policy usually,
but not always, has one elimination for both pools. These 2-pool policies
are typically less expensive than single pool types. This is because you may
not use all of the money in one of the pools thus saving the insurance
company some money. One pool--as an example, 3 years of benefit--is
for nursing homes and sometimes assisted living. The other pool--as
an example, 2 years of benefit--is for home care, hospice, adult day care
and usually assisted living; if it's not included in the nursing home pool.
(It's confusing, but very important to know in which pool ALF is included.
It usually pays more if it's in the nursing home pool.) This 5 years of total
 benefit is inferior to a 5 year integrated policy. As an example if you had to
go to a nursing home and never used home care, you'd only get 3 years
of benefit out of the 2-pool example above, but you'd get 5 years of nursing
home benefit out of the integrated policy.

This doesn't mean you shouldn't buy the 2-pool policy. I recommend
buying a richer 2-pool plan to compensate. For example, I consider a
5-year nursing home, 3-year community care (8 years total), 2-pool plan
to be fairly equivalent to a 5-year integrated plan. Many 2-pool plans
are very competitive when bought with a lifetime benefit--it never runs out.
If it lasts a lifetime, it doesn't matter if it's integrated or 2-pool. Some states
such as California, don't allow the sale of 2-pool policies.

Cost Containment Provisions
More and more companies are including policy provisions to prevent what
the companies fear might be unecessary claims. These provisions range
from tightening qualification to rewarding claimants with extra features if
they agree to care coordination services. In general, cost containment is
mostly directed to home care services, an area where companies can
exercise less control over services used. Below are some of the more
common cost containment measures.

Tightening Qualification
Some carriers, even for qualified policies, require that certification for benefits
be done by doctors, nurses or social workers under hire from the
carrier. Apparently, they fear that just any certifier might be more liberal than
their own employee.

In addition to the above, some policies require that a "plan of care"
from a licensed party--the contract could specify a doctor, social worker,
home health agency, company employee or not specify anyone--be
submitted and approved by the insurance carrier before any claims are
paid. Qualified plans require a plan of care under HIPAA language and
Medicare or Medicaid also require care plans but there is no requirement
for an insurance company to approve a plan for payment of benefits.
Again it appears that some carriers are nervous about unecessary claims.

Managed Care Administration of Claims
Some companies have established service contracts with care providers
such as national nursing home chains and assisted living and home
care chains. As with managed health care, the insurance company gets
control over care and perhaps rebates from contracted service providers.
In return, the insurance carrier rewards the service provider by
sending claimants to the contracted providers. I don't like this trend, just
like I don't like managed health care, and I don't recommend the policies
where I know that claims departments are engaging in this type of practice.
On the other hand, I always ask clients if they don't mind managed care. If
it's no problem, they may choose a managed care plan because I suspect,
but don't know for sure, it might make the premiums a little cheaper than
they would normally be.

Care Coordination
A growing number of plans use "care coordination" as a way to
prevent unecessary home care claims. I'm not aware of any studies that
show care coordination results in the desired outcome, but I'm sure they
exist. If you know of such studies let me know. Care coordination is a plan
of care for community services written and submitted to the carrier by a
licensed care provider, usually a home health agency. The provider may
be in the employ of the insurance carrier or may be independent. Some
carriers will allow plans from any licensed provider but will only pay for
ones in their hire. Carriers who don't contract with care coordination
agencies will, under the policy, pay for care coordination from any
licensed provider. A care coordination plan will coordinate aide, therapist
and nurse visits, free or low cost community programs, care commitment
from family members and services paid by Medicare and Medicaid.

Some of the more restrictive insurance policies require care coordination
before any benefits are paid. Some plans don't require care coordination.
Other plans will pay for it but don't require it for benefits. Some policies
will reward claimants by enhancing home health benefits if the claimant
elects a care coordination plan. These policies use one or more
of a combination of the following four enhancements: 1) Home health
care normally paid at 50%, 75% or 80% of nursing home care will be
increased to 100% of nursing home care. 2) Benefits normally paid as
if they were incurred daily will be paid as if incurred weekly (some policies)
or monthly (other policies).

As an example, assume the policy paid up to $120 per day for eligible
claims, but the beneficiary incurred a one-time claim of $250.
Without care coordination enhancement, the insurance company would
only pay $120 of the $250 claim. With enhancement the entire $250 would
be paid. 3) The eliminated period will be reduced or waived. For example
a 90 day elimination for home care might be reduced to 20 days, 10 days
or 0 days. Depending on the policy, the 90 day elimination may still be
required for assisted living or nursing home. 4) If the policy normally
restricted care to that furnished by licensed home health agencies--this
is a typical provision to avoid fraudulent claims--then with care
coordination, non-licensed services, and with some policies, even
children of the beneficiary will be paid.

Alternative Care Benefits
Early long-term care policies only covered a stay in a nursing home.
Assisted living did not exist when these first policies were sold and
homecare was not considered a viable benefit to cover. Nowadays
people making claims on these policies are surprised to find that even
though they would prefer to stay in an assisted living facility the policy will
not pay for it. Some forward thinking companies did add assisted
living to existing policies when it became apparent that assisted living
was an important new care option. But other companies did not.

So what about existing modern policies which seem to cover all aspects of
long-term care including: home care, adult day care, hospice, assisted
living and nursing home? What if some new long-term care service comes
into being in the future? Will it be covered? Most policies have a provision
that allows new services to be covered. The typical provision requires that
it be cost effective, agreed to by the company and agreed to by the
policy recipient. This is often called the alternative care provision. But not
all policies have this provision. It is important for you to review your policy
and understand whether you have this provision or not and what it covers.

Homemaker Services
In the past ten years we have seen a huge growth in personal care
services companies. These companies have filled a growing need to
provide nonmedical help in the home to the elderly who want to remain in
their homes. Such services include assistance with activities of daily
living, shopping, transportation, companionship, medication reminders,
phone checks, cooking, light housekeeping and a host of other services.
The costs of this kind of care are typically not paid by government agencies
and must be paid out of pocket by family.

Long-term care insurance companies have recognized the growth of
this industry and most have added these covered services to their
policies. These services are called homemaker services in the
policy. Unfortunately, many policies do not cover all homemaker services
and exclude many or homemaker services are not covered at all or the
policy is vague on what is covered and what is not. Read your policy carefully.

Indemnity Claims Payment
One way to avoid the claims hassle is to choose a carrier that offers
"indemnity" benefits. Let me explain. There are two ways to pay benefits under
a long-term care policy--Claims-based, sometimes called expense-based,
and indemnity-based or "cash" based. Claims-based or expense-based
means that every expense must be submitted for reimbursement. Since
a number of LTC related expenses are excluded under all policies,
some claims may be denied. Also, the expense reimbursement method
only pays up to expenses actually incurred-It may not pay the
maximum allowable policy benefit. Under the indemnity-based method,
once you qualify for benefits, you don't submit claims. The insurance
company will send you or your representative a check once a month for
the maximum allowable daily, weekly or monthly benefit in the policy. You
can use the money to pay your costs and if any is left over, pay for items
not covered under the policy, such as personal need items,
diapers, medications, doctor visits, transportation, etc. Or you can stick the
extra in the bank to pay future costs if the policy runs out.

With indemnity, you are more likely to receive the full benefit in the policy
before you recover or die. Under both plans, you are, however, only
reimbursed for the actual number of days you receive care. (At least 2
carriers pay indemnity whether you are receiving care or not) Both plans
also require periodic proof that you're still eligible for benefits. Not all
carriers offer indemnity. For those that do, it might be part of the policy
provision or it might be a separate rider. Some carriers include indemnity
for nursing home but not home care, and some include it for both as part
of the policy provision or with a separate home care rider. Some carriers pay
so-called cash benefits in lieu of claims benefits at a lesser payout rate .
For instance a policy paying $3,000.00 a month in claims benefits might
pay $1,000.00 a month in cash benefits. The advantage is without proof of
claim the cash can be used for anything maybe even benefits not covered by
the policy.

Additional Premium Discounts
True group policies don't offer good health discounts but may offer a discount
if a couple applies together even though one is not an employee.
Individual group usually offers a discount for group application as well as
"good health" discounts and spousal discounts. Many individual policies
offer "good health" discounts of 10% to 15% for qualifying applicants. In
addition, couples applying together on individual plans can get
additional discounts of 10% to 30%. Discounts may offset each other and
may vary from state to state depending on State rules.

As a general rule, true group policies are generally more expensive
than individual policies for the same benefits. This may seem like a
paradox since group plans are supposed to be less expensive. But group
plans being less expensive for any kind of insurance is generally a
public misconception. Group life insurance is cheaper for younger ages
but for older ages, when a person has good health, individual term
life is cheaper. Individual health insurance is always cheaper than group
health insurance but a person wanting individual health insurance has to
be in perfect health in order to get it. The concept of group auto insurance
was tried several years ago and did not work because group auto
insurance could not offer any cheaper prices than individual auto
insurance could.

For nonsmokers in good health, individual long-term care insurance will
offer discounts over group health plans. In addition, the initial enrollment of
true group long-term care insurance usually involves not asking any
health questions during the initial enrollment. Participation rates for group
plans are about 6% nationally. With such a low participation a larger
proportion of people in poor health are usually attracted to the group plan
during the initial enrollment where no health questions are asked.
The insurance companies have to charge higher premiums to compensate
for the fact that enrollees with poorer health will result in a higher future
claims rate.

In The Event One of The Couple Dies
Many people ask, "what happens to the premium and the couples discount
if one spouse dies?". As with everything else about LTC insurance the
answer is not that straightforward. If it's a shared single policy, the
premium stays the same at death--a major disadvantage. Two shared
policies result in a loss of the discount but may or may not transfer
 the remaining shared benefit to the survivor and may or may not reduce
the survivors obligation of the original premium. Single-life, non-shared
policies result in the survivor's premium reverting to a single-life policy
without the couple discount. A single, non-shared policy on two or more
lives reverts to the largest possible premium combination without the
multiple discount, even though the person(s) paying the highest premium
might be dead.

Spouse Survivorship
This is something like a death benefit for couples and is only available on s
ome individual plans. Both spouses must buy coverage. If one spouse
dies after coverage has been in effect for a certain number of years-usually
10 years-then the policy becomes paid-up for the survivor. No more
premiums are due.

Shared Benefits
Some individual plans allow couples to transfer benefits to each other from
the same policy or sometimes between policies. With some policies I have
have found this to be a a cost effective and desirable benefit. With other
policies it's cheaper to buy two separate 4 year policies as an example than
to buy a shared 5 or 6 years.

Extended Family Coverage
All group plans allow family members and certain relatives of employees to
buy the same coverage. Usually these people must submit to
medical underwriting. Some individual policies also offer a discount
for extended family members applying at the same time.

Shortened Pay Periods
Some plans allow policies to be paid-up with fewer premiums. This
includes single premium plans, paid-up in 3,5,10 or 20 years and paid-up
at age 65. Paid-up does not always mean the insurance company can't ask
for more money after the paid-up period. Check your contract to see if
this provision is guaranteed or not.

What Does That Strange Word Non-Forfeiture Mean?
This means you get some residual benefit if the policy lapses or you die
before making claim. Some states require mandatory non-forfeiture on
all policies. Non-forfeiture adds more cost to a policy. Benefits may include
a lifetime maximum of claims equal to premiums paid or it may be a return
of premiums at death. Because of new State regulations, insurers have to
add non-forfeiture at no cost to the insured if the carrier increases premiums
by more than a certain percentage at a certain age defined by a table in
the policy . This rule is intended to encourage companies to price their
policies more accurately and to possibly avoid future rate increases.

Out-of-Country Coverage
Most policies only pay benefits if the claimant resides in the US or in
some cases Canada. A few companies will pay partial or full benefits for
a selected group of countries. A very few may pay regardless of where
the beneficiary lives.

Death Benefit
Some group policies will return an insured's premiums if death occurs
before age 65 or 70 and no claims were made. Many individual policies
will include a rider for an additional cost that returns all premiums paid in
at the death of the policy owner. Depending on the rider there may be
additional requirements such as death occurring before a certain age or
holding the policy a certain number of years before the rider is
effective. Premiums returned may be less any claims paid and other
policies may return all premiums regardless of claims.

Waiver of Premium
Waiver of premium is a standard provision of all policies; however, it
shouldn't surprise you by now its application is hardly uniform from policy
to policy. In general, this provision waives (stops) the payment of premium
while benefits from the policy are being received. The simplest
application waives premiums after a certain number of days after care
began under the policy. This is usually 60 or 90 days. But a 60 day waiver
might be longer because some waivers don't take effect until the first day
of the month following the month in which the waiver period was met.
Many policies only waive premiums with nursing home care and
premiums continue with other care. Some of these policies allow for
additional cost riders to provide a blanket waiver. A few policies will
waive premiums after nursing care even if the person recovers. Single
policies covering two lives usually waive premiums for both insureds.
Some policies match the waiver to the elimination period. For example a
30 day elimination yields a 30 day waiver of premium, but it might also
yield up to a 60 day waiver if the effective date rule above is used.

A Boatload of Additional Benefits--Adding Sizzle to the Sale
These are benefits such as caregiver training, security systems, respite
care, bed reservation, restoration of benefits, prescription drugs, etc.
They usually add a modest dollar amount to the overall payout of a policy but
are used as sales features to attract buyers. These features are designed
to make the policy appear more valuable much as fancy wheel covers,
spoilers and extended service are used to attract buyers of automobiles.
Or extra features may be added to differentiate one carrier's plan over
it's competitors' plans.

I give these features less weight when I assess long-term care policies,
yet from some of the literature I see from various companies, you would
think the value of the purchase of a particular plan lives or dies on thequality
and quantity of these features. Below are some of the more common
additional benefits.
 

Restoration of Benefits
This provision is standard with some plans, it is unavailable on others
and can be added as a rider on others. Check your plan for availability.
ROB allows the insured to recapture or restore benefits used and put them
backinto the policy. The requirement is to be treatment-free
(including medications) for 6 months before benefits can be restored.
It may appy only to nursing home care or it may apply to all benefits in
the policy.

The probability of actually restoring benefits is low (as evidenced by rider
costs of only 3% or 4% of additional premium increase) because most
nursing home stays longer than 90 days usually don't result in recovery.
Even if the person is discharged, he or she is probably receiving treatment
forthe condition in the form of medications or doctor visits and thus would
not qualify for ROB.

Respite Care
Respite care allows a caregiver who needs respite (rest) to put the
insured person receiving care in a nursing home for a certain number of days
a year without meeting the elimination period. Days of respite are usually 7 to
60 days depending on the policy. Some policies tie it to a dollar amount
based on policy benefits. Once the elimination period has been met,
this becomes a useless benefit, since any amount of nursing home care
can then be used without invoking this provision. Respite care benefits paid
are not in addition to benefits in the policy but are deducted from total
policy benefits.

Bed Reservation
This feature allows a nursing home bed to be paid for for 7 to 60
days (depending on the policy) if the care recipient has to go into a hospital
but plans on returning. Without this feature the bed wouldn't be covered
since the recipient wasn't receiving care in the facility. This only has value
in areas or homes where demand for beds is high. In areas of low
occupancy, there is no need to hold a bed.

Special Payments
Although often emphasized by agents and companies, I consider these
benefits important; but, I don't consider these features to be vital to the design
of a good policy. Most pay only $200 to $4,000 total, but if they do pay over
a period of time, total payout is usually capped. Most of these benefits are
self descriptive and I won't take time to describe them.

Special payments may be made for: prescriptions, caregiver training,
home modification, alarms and alerts, remote monitoring, homemaker
services, ambulance, transportation costs and many more care
related expenses not mentioned or still germinating in the minds of
aggressive marketing departments.

 

TAXATION OF LONG-TERM CARE

Long-term Care Expenses
You may itemize the cost of nursing home care and nursing services on
your 1040 Schedule A. However, only all medical costs in excess of
7 ½ % of adjusted gross income may be deducted from taxable income.

Long-term Care Insurance Benefits
Insurance benefits from qualified long-term care contracts are tax free up
to a daily benefit limit of $190 per day for the 2000 tax year. This must be
listed on form 8853. Since long-term care insurance is considered
health insurance, benefits for non-qualified policies should be tax free as
well. So far, no one has challenged the IRS in court on this issue.

Long-term Care Insurance Premiums
Premiums for qualified policies can be itemized on your 1040 Schedule A.
This is subject, however, to age-banded maximum limits. Premiums paid
by an employer for long-term care insurance are deductible to the employer
and tax free to the employee. Currently, premiums paid through a cafeteria
plan whether by the employer or employee are considered income and must
be reported on the W-2. This may change with pending legislation. In
2001, Premiums paid for self-employed individuals, partners, owners
of S corporations and family members are partially deductible without
itemizing. This above-the line deduction is 60% of premiums or the
amount listed on an age-banded schedule, which ever is less.

The deductible/tax free feature of employer-paid premiums is
particularly attractive to employers who want to carve-out tax free fringe
benefits for key employees. Group-filed plans must define certain
management classes to receive the benefits and a certain
minimum participation is required. Individual and individual group plans
have no class or participation requirements. For example, a company
of 1000 employees could select just one employee and purchase an
individual long-term care policy for that individual and his spouse.
The premiums would still be tax deductible to the employer and tax free
to both policy holders. (for more detailed information, download the
Prudential's Long-term Care Insurance Tax Guide pdf file found under
the tax links on this site.

 

DESIGNING A GROUP LONG-TERM CARE INSURANCE PLAN

Enhancing a Current Plan
As I mentioned in previous sections there are definite advantages to adding
a key employee carve-out to an existing group plan. The carve-out has
no discrimination rules and no minimum participation requirement.
Premiums are tax deductible to the employer and tax free to the employee
and spouse. This is an excellent way to offer tax free fringe benefits. A 10
year paid-up policy premium option makes this even more appealing
to employers. You have to use individual plans for a carve-out since true-
group plans have to conform to anti-discrimination and participation
rules imposed on all group insurance plans. Individual plans are exempt.
The minimum participation for a carve-out is 1 employee regardless of the
size of the group.

Designing a True Group Plan
Most true group plans allow 3 benefit options. UNUM and the new federal
plan, in addition to more benefit periods, offer a range of monthly benefits
as well. Below, are 3 plans often recommended.

 

PLAN 1
70% of the daily cost in your area
100% home & community care
3 year benefit period
90 day elimination
5% compound automatic inflation protection

These benefits are based on previous discussions in the chapter on
benefits. This would be the minimum plan. The 80%/day would not cover
the full cost of a nursing home and would have to be subsidized by
other income. It would cover assisted living and may be barely adequate
for home care. The 3 year benefit period is really inadequate but it may make
the plan more affordable to more employees.


PLAN 2
100% of the daily cost in your area
100% home & community care
5 year benefit period
30 day elimination
5% compound automatic inflation protection
I estimate this would cover about 80% to 90% of all risks.


PLAN 3
120% of the daily cost in your area
100% home & community care
lifetime benefit period
zero or 10 day elimination
5% compound automatic inflation protection
The best coverage.

Designing an Individual Group Plan
Individual group plans are similar to true group plans but usually offer
more options such as shortened payments, couples discounts,
survivorship, return of premium, etc. These options are available as riders
to the 3 basic plans. For basic plans, I would use the same design
philosophy as above.

Group Plan With an Executive Carve-Out
True group carriers will not tolerate a competing plan with an initial enrollment.
A carve-out can still be done but would have to be introduced after enrollment
of the primary plan. There would be no enrollment period. Enrollment would
be year-round.

The carve-out has the advantage of offering hundreds or thousands of
benefit options thus allowing key employees to design policies to
individual needs. And the cost could be half as much as the cost of
equivalent group coverage. As I mentioned above, The carve-out has
no discrimination rules and no minimum participation requirement.
Premiums paid by the employer are tax deductible to the employer and
tax free to the employee and spouse. This is an excellent way to offer
tax free fringe benefits. A 10 year paid-up policy premium option
makes this even more appealing to employers. You have to use individual
plans for a carve-out since true-group plans have to conform to
anti-discrimination and participation rules imposed on all group
insurance plans. Individual plans are exempt. The minimum participation
for a carve-out is 1 employee regardless
of the size of the group.

Executive Carve-Out Only
This works best with companies that don't want to commit to a full group
 plan but still want to offer special group rates to selected employees.
These can be employer-paid, employee-paid or a combination of both.

 

 

 
 
  © Copywrite: 2009 All Rights Reserved. Frank A. Cseke, Esq.  
 
Circular 230 Disclosure: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained on this website, including links, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein. The information on this site is for information only. It is not intended to offer legal advice of any kind. This website does not establish the attorney-client relationship. Should you have any questions regarding legal matters you should contact an attorney. This website was created for free with Own-Free-Website.com. Would you also like to have your own website?
Sign up for free