The CLASS Act Is “Dead on Arrival”

CLASS Act  News

The publication Special Needs Answers  reported that The Obama administration has suspended implementation of the CLASS Act, a proposed national long-term care insurance program that was part of the health reform law.

The CLASS Act is the first big part of the health overhaul to be killed. Health and Human Services Secretary Kathleen Sebelius described the intended program as a voluntary program wherein workers could pay premiums and would be eligible after years for a benefit that could help pay for long-term care services.

The theory sounded good: “CLASS would not only give Americans who knew they were likely to require long-term services and supports an affordable way to prepare for the future. It would also give young and middle-aged Americans a way to insure against the possibility that they would someday require this kind of care themselves. Because all benefits would be paid out of premiums, it wouldn't cost taxpayers a dime (emphasis supplied) and CLASS would provide relief for State and federal budgets, which currently … bridge the long-term care coverage gap with scarce Medicaid dollars.”

The Secretary and her analysts could not develop a program that would meet the program’s financial objectives: “When it became clear that most basic benefit plans wouldn't work, we looked at other possibilities. But …, we have not identified a way to make CLASS work at this time.” Speaking for myself and for others who work in the field, it is clear that our leaders and legislators do not understand the import of the laws they are proposing and passing and they try to accomplish things that are near impossible.

The cost of nursing home care and long-term care has risen dramatically in the past two years. How are legislators to structure a program that will predict the economic realities of long term care in the future?

I respectfully suggest that they are out of their league.

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

National Health Care Decisions Day

This Saturday, April 16, 2011, is

National Health Care Decisions Day (NHDD)

According to the Center for Medicare Advocacy's website, NHDD is a collaborative effort of national, state and community organizations committed to ensuring that all adults with decision-making capacity have the opportunity to communicate their preferences for end-of-life care. The Federal Patient Self-Determination Act requires that all Medicare-participating health care facilities provide information to patients regarding Advance Directives - documents that enable you to select someone to speak for you if you cannot speak for yourself and in which you can specify what types of medical treatments you would or would not want at the end of life.

Despite this Act and other efforts to increase public awareness of the right to have choices about health care, it is estimated that only a small minority of patients have completed Advance Directives. A 2003 study by the U.S. Agency for Healthcare Research and Quality found that:

• Less than 50% of severely or terminally ill patients studied had an advance directive in their medical record.


• Only 12% of patients with an advance directive had received input from their physician.


• Between 65 and 76% of physicians whose patients had an advance directive were not aware that it existed.

Take the time this weekend to consider your own desires for end-of-life care. Review your Advance Directives, if you have executed them. If not, consult your physician, discuss with family members and consult your attorney. If you or your loved ones do not have an attorney and you have questions about Advance Directives, call me, Hilary Carlson, at (401) 841-5700.

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.