Medicare’s “3-Day Rule” Lawsuit Goes To Trial

There was confusion and misinformation regarding the 3-day rule for skilled nursing facility coverage. In order to get the 100 days of skilled nursing coverage from Medicare, the mandate states a beneficiary must spend at least 3 days in the hospital as an inpatient. However, doctors and hospitals can admit elderly patients on an “observation stay,” which does not count as an “inpatient.” A class-action lawsuit ,filed back in 2011, challenged Medicare’s eligibility

Empty courtroom
Medicare’s 3 day ruling is finally going to be heard in the courtroom.

rules for skilled nursing coverage. Trial over the lawsuit is finally being heard in a federal courtroom.

Observation Stay

After an “observation stay,” senior patients are then discharged to a skilled nursing facility, complete with a bill. Because a substantial number of hospitals follow these routines, seniors are often forced to pay these bills out of pocket. Medicare will not cover the costs since it does not qualify as full admission.

In recent years, Medicare imposed strict limitations on hospital admittances. This explains why patients who are admitted are put under “observation.” Medicare pays one-third less for an observation patient than one who is in full admission. While Medicare benefits from these cost-saving tricks, it’s the patients that suffer.

Medicare Costs

Another way Medicare saves itself money is by shifting the cost of hip and/or knee replacements onto the beneficiaries. Medicare encourages doctors to perform these replacements as outpatient surgeries so that discharges happen within a few days.

Caucasian woman sitting in a hospital room hooked up to an IV.
Many doctors will put a patient under “observation stay” in order to bypass the rule, and have patients pay the bill out-of-pocket.

This has caused an uproar with patients because many of them simply cannot afford sky-high medical costs. So in turn, about 14 patients filed a class-action lawsuit. If they win, Medicare might have to reimburse almost 1.3 million beneficiaries.

President Trump’s Medicare chief, Seema Verma, listened to the complaints and voiced that something does have to change in order to help the beneficiaries. She stated, “We’ve talked a lot about the operational changes that we’re making, the policy changes that we’re making, but at the end of the day, this is about putting patients first.” If the 3-day rule does in fact change, the costly bill following a hospital visit will be alleviated, and many beneficiaries will be happy.

Wait! Before You Drop Medicare For Employer’s Healthcare Coverage Read This!

It is more common for retired seniors to work. Almost 27% of people aged 65-74 are in the workforce, and the projected stats are rising. Some seek extra money, while others do it to pass the time. When you turn 65, you are enrolled in Medicare Parts A and B. If you decide to go back into the workforce, you can opt to drop Medicare Part B coverage and expenses. Coverage of the benefits you receive from Part B will be replaced with the employer’s group health insurance. You can always opt to go back to Medicare at any point, but there will be some repercussions if not done at the right time.

What Medicare Covers

Medicare coverage is divided into two parts, Part A and Part B. Medicare Part A covers hospital care, and is usually free as long as you meet the Medicare guidelines: working at least 10 years before age 65, and being a US citizen. Medicare Part B covers outpatient care, including annual wellness visits every month, ambulance services, orthotics and prosthetics, medical equipment, and mental health care. (80% of costs covered by Medicare.) The monthly premium for Part B is

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HSAs come with a triple tax benefit, but any contributions are tax-deductible.

$135.50 for 2019. The cost might be higher depending on income.. 

What Employers Offer: HSA Plans

Employer’s offer health insurance coverage, and usually a health savings account, HSA, as well. If you are on Medicare Part A, you cannot make any contributions to an HSA. The employer’s coverage is considered a “high-deductible” plan. HSAs come with a triple tax benefit, but any contributions are tax-deductible, and withdrawals are untaxed as long as it is used for qualified medical expenses. 

How It Will Cost You

If you drop your Part B plan for an employer’s plan, you can always sign up for Part B again during your Special Enrollment Period or SEP. This period is when you leave your employment, or the employment loses coverage. If you miss the 8-month SEP, you face a late-enrollment penalty, 10% of Part B’s monthly premium for each full year you should’ve been enrolled. 

If you drop Part A, you might have to repay the government for any medical services under Medicare that you used. Also, if you collect social security, you will need to repay that back also. 

Caucasian woman;s hand holding a pen ready to write on an openedbook with the page titled "my plan."
If you drop Medicare, returning can be difficult, so think carefully and explore your options completely before making a decision.

Some seniors buy a Medicare Supplement plan to support their Medicare Part B expenses. When you drop Part B and sign up for your employer’s coverage, then you will also have to drop your Supplement plan. If you decide to go back to Medicare Part B, buying a Medicare Supplement plan will not be as easy. Your coverage could be denied due to pre-existing conditions and health status.

If you plan to drop your Medicare and use your employer’s health insurance plan, it can cost you in the long run. Your decision should be based on how much your employer’s plan costs, your out-of-pocket expenses in a high-deductible plan, and your budget. If you drop Medicare, returning can be difficult, so think carefully and explore your options completely before making a decision.

Get Medicare Covered Acupuncture Before It’s Too Late

Medicare does not typically cover acupuncture or chiropractic care for seniors. If you do decide to take any of these treatments, then you will be responsible for 100% of the costs. With the price tag on these treatments, it might not be ideal. This applies if you have Original Medicare, an Advantage plan, or a Supplement plan.

Hundred dollar bills in bands with a gold money sign.
If you do decide to do acupuncture, then you will be responsible for 100% of the costs, because Medicare does not cover it.

About 55% of older adults in America seek alternative forms of pain treatments such as acupuncture, but many cannot afford it. Now there is some hope for seniors. Medicare is offering to cover acupuncture. The caveat is that it will only cover you if you help research acupuncture’s efficacy in relieving lower back pain.. Once the research is complete, the government will assess if it is worth covering further.

The Logic

The reason behind the government’s acupuncture proposal is to relieve chronic pain without turning to narcotics. The war on painkillers is never-ending. Once there is enough evidence, the government will assess if Medicare should cover the controversial treatment for people aged 65 and older. 

Health Secretary Alex Azar says, “Defeating our country’s epidemic of opioid addiction requires identifying all possible ways to treat the very real problem of chronic pain, and this proposal would provide patients with new options while expanding our scientific understanding of alternative approaches to pain.” 

The Stigma

Acupuncture is often deemed as a waste of time, money, and resources. Because it is a more holistic route for relief, people are skeptical. Although there have been many trials and research conducted proving it is effective, it continues to hold a negative stigma. People do not think that sticking needles in your skin can help your “flow” or reduce pain and stress. But, the government has decided to further research acupuncture. 

Needle being placed on skin.
Medicare will cover acupuncture trial treatments in hopes to completely cover it in the future, depending on it’s successfulness.

Chronic lower back pain has been a consistent issue for seniors, and it is generally listed as lasting 12 weeks or more. It affects millions of people, and the go-to relief is usually opioid painkillers. Past studies show slight, short-term improvements in function and pain for patients with chronic lower back pain. However, it did not show the same effect long term. 

If the research conducted by the government nets positive results, then hopefully, Medicare will cover future acupuncture treatments. The treatments range from $75-$150 a session. This is expensive for many and especially for seniors on a fixed income. For the time being, if you have chronic lower back pain and are interested, contact Medicare and ask about partaking in the research. It just might be the treatment your body needs, and it is worth a try while its free.

How To Handle Medicare When Moving To Another State

After retirement, some seniors decide to embark on a new challenge: moving. You may want to relocate to a warmer place that is more “senior friendly.” A lot goes into planning when moving, and it can be quite chaotic. One major need is your Medicare coverage. You must notify your Medicare plan providers that you are moving, and then make sure your future doctors in the new state participate with Medicare. Make sure the Social Security Administration is updated as well. Aside from this, it is super important to know that if you are enrolled in a Medicare Supplement plan, your policy price may change depending on where you move to. Do not get stuck with extra charges. Make sure to get it all situated before the move.

Map of the United States
When you are moving across states lines, it is important to make sure your Medicare plan is updated.

Original Medicare

Medicare is a federal program and does not change no matter where you move to in America. Medicare Parts A and B do not change. Just make sure before you move, research to find doctors who accept Medicare in the new state. 

Medicare Advantage

Medicare Advantage plans have networks depending on the state’s county you live in. You will need to change your Medicare Advantage plan. These plans assign specific doctors through their HMO or PPO plans, so you will have to choose a new plan and a new Primary Care Provider within the plan’s network. Some areas do not even offer Medicare Advantage plans. Notify your current plan before moving.

Medicare Supplement 

Medicare Supplement plans help pay for the remaining 20% of the Medicare Part B costs. The plan’s price is determined by your zip code because it varies from state to state. In most states, you can keep your Medicare Supplement plan when you move, but you can apply for a different one if you want. Although you can remain on the same plan, your fees may go up (or down) depending on where you go.

If you do decide to change to a different plan, you might have to go through a health exam, also known as medical underwriting, and the plan may not accept your application. After you are accepted into the new Medicare Supplement plan, you have a “free look period” for 30 days to stay with the new plan. You will, however, have to pay for both plans during the 30-day period. If you decide to keep the new plan, then you can call your old plan and ask

Computer keyboard with a key that says "help" on it.
If you are stressed out, or do not know where to start, then get help from a Medicare agent.

for your coverage to be over.

If your Medicare Supplement plan increases when you move to a new state, then you can always contact a Medicare agent to help you search for a more affordable plan. EZ.Insure offers Medicare agents that are trained in your area, and within the state you are moving to. Your personalized Medicare agent will go over your current Medicare Supplement plan to make sure it will be a good fit for you in the new state. If it will be too costly, then our agent will go over all the plans within the new state, compare them, and provide you with quotes. There is no hassle and no obligation. To get started, you can enter your zip code in the bar above, or speak to an agent directly by emailing Replies@Ez.Insure or calling 855-220-1144. We promise to help you find, and sign up with the best Medicare Supplement plan that meets all of your needs within your budget.

Is Medicare Underwriting Necessary?

Medical underwriting is a process when a private insurance company reviews your medical history to determine whether they will provide you with coverage, how much to charge you, and whether to set a waiting period before coverage begins. If you have a lot of medical issues, you may have to pay more for coverage or even be denied approval. Pre-existing conditions will come up and can cost you greatly.

denied word in red
After your Medicare underwriting is complete, companies decide whether to accept you, or deny you coverage due to your pre-existing conditions.

Medicare Supplement plans help pay for out of pocket expenses such as copays, coinsurance, and deductibles. When

 you sign up for a Medicare Supplement plan, you may need to go through the underwriting process. It all depends on when you decide to sign up for a supplement plan. To answer the question if Medicare underwriting is necessary, both yes and no. Find out how to avoid Medicare underwriting, and if you do have to go through it, then what it entails. 

The Only Time To Avoid Medicare Underwriting

During the Medicare Supplement Open Enrollment Period is when you have “guaranteed issue rights.” Guaranteed issue means that you will be accepted into any plan regardless of your health condition or pre-existing conditions. During this time, you have a one-time guarantee when companies cannot deny you or charge you more due to a pre-existing condition. The Medicare Supplement Open Enrollment Period is a six month period that begins the first day of the month you turn 65 years old, and enrolled in Medicare Part B.

When You Need To Be Underwritten

If you apply for a Medicare Supplement plan after your Medicare Open Enrollment Period has passed, then you may have to go through the underwriting process. In addition, when you are switching Medicare Supplement plans, you may have to go through the underwriting process. If a Medicare Supplement plan accepts your application, the insurer can choose to make you wait 6 months before covering a pre-existing condition. This is known as a “look-back period,” or “pre-existing wait period.”

The Underwriting Process

Private insurance companies will have extensive health-related questions on their applications. It will go over your entire medical history, both past and present. If you have a pre-existing health condition that may be expensive for the company to cover, they can choose to deny your application.

white paper that says checklist with boxes down a line with checkmarks in them.
During the Medicare underwriting process, companies will go through your medical history and check off which conditions may be considered an expensive health risk for them to cover.

If you have a health condition that needs constant attention, chronic, or incurable, then you may be denied. Certain medications can also be a reason for denial, especially for the incurable or chronic health conditions, simply because it will be too expensive for the insurers to cover. Often times minor conditions such as BMI, high blood pressure, and cholesterol are not issues for carriers. If you have pending surgeries or treatments, then it is best to get them done before applying. Serious health conditions such as rheumatoid arthritis, dementia, chronic lung disorders, lupus, MS, major heart disorders, and kidney failure will be an automatic denial of coverage for the company.

If you are still within your Medicare Supplement Plan Open Enrollment Period, then great, no better time to get started and sign up for a plan. If you have passed this guaranteed issue window, you can still apply with caution. And if you get denied, then it is not the end of the world, our agents will search through all available Medicare Supplement plans and help you.

EZ.Insure has highly trained agents who will search through all the Medicare Supplement carriers in your region, whether you are within the open enrollment period or not. Your personalized agent will compare all the plans, their coverage, and their quotes. To get started, you can enter your zip code in the bar above, or speak to an agent directly by emailing Replies@Ez.Insure or calling 855-220-1144. We will be by your side throughout the process, walking you through it, while providing you with the best advice and options.

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