Benefits Section

By Danny Dandignac

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How do we decide if you are disabled?

 

SSDI & SSI

 

The process we use to decide if you are disabled involves five steps. They are:

 

1.  Are you working?

If you are working and your average monthly earnings, after considering the effect of work incentives, are at the Substantial Gainful Activity (SGA) level, we generally cannot consider you disabled. If your monthly earnings average less than the SGA level, (in 2006 that level was $860 per month) we look at your medical condition using steps 2 through 5.

 

2.  Is your medical condition "severe"?

For us to consider you disabled, your impairment(s) must significantly limit your ability to do basic work activities, for example walking, sitting, seeing, and remembering. If it does not, we cannot consider you disabled. If it does, we go to the next step.

 

3.  Is your medical condition in the list of disabling impairments?

We maintain a Listing of Impairments for each of the major body systems that are so severe we automatically consider you disabled. If your medical condition(s) is/are not on the list, we have to decide if it is of equal severity to an impairment on the list. If it is, we approve your claim. If it is not, we go to the next step.

 

4.  Can you do the work you did previously?

If your medical condition is severe, but not at the same or equal severity as an impairment on the list, then we must decide if you can do your past relevant work. If you can, we will deny your claim. If you cannot, we go to the next step.

 

5.  Can you do any other type of work?

If you cannot do your past relevant work, we then see if you are able to do any other type of work. We consider your age, education, past work experience, and transferable skills. If you cannot do any other kind of work, we will approve your claim. If you can, we will deny your claim.

 

 


 

Eight Simple Rules

(for getting anything you need)

 

Bob’s friend Jason doesn’t have ALS, but he faced a problem all too familiar to many who do: an insurance company ruled that equipment he needed was “not medically necessary.” Sound familiar?

Jason might have started fighting back by talking to his doctor first. His doctor may be as disagreeable and rushed as Jason pictures him. Moreover, his doctor may work for the very HMO that turned him down. But his doctor has a professional stake in preserving Jason’s shoulders—and in seeing that his prescriptions are filled as written.

When I picked up the phone, Jason sounded desperate. Jason has cerebral palsy and has always walked by leaning heavily on two canes. As a result of decades of wear and tear, he developed severe arthritis and rotator-cuff tears in both shoulders. Most days it’s hard for him to cross the room because of excruciating pain.

His doctor told him the pain and muscle tears were going to get worse—that rotator-cuff and shoulder-replacement surgeries were on the horizon—unless he got a power wheelchair. Although Jason’s doctor had sent the proper paperwork to his insurance company, a Medicare HMO, the wheelchair was denied because it was “not medically necessary.”

“Not medically necessary?” Jason screeched into the phone. “When will it be medically necessary? When I can’t walk at all?”

Sadly, the answer is yes. But I’m getting ahead of the story. Because Jason’s speech is hard to understand, he asked me to call the insurance company. In the process I discovered that there are Eight Simple Rules for getting anything you need from anyone.

 

Rule #1: Get Name, Rank, and Phone Number

 

I called Jason’s insurance company. After spending a turtle’s lifetime on hold, I was connected to a customer representative. I tried to explain my friend’s circumstance, but she said she couldn’t talk to me because I wasn’t “the insured” and hung up.

I was massively ticked! Back on the phone, and after another turtle’s lifetime, I was connected to a different representative. This time I said that I was Jason and wrote down her name, phone number, and title. All she did was repeat what Jason knew—that the wheelchair was denied because it was not medically necessary. With an edge in my voice I asked who made that decision. She told me that she was not allowed to give out that information. I asked who could. She said that I would have to speak to her supervisor, Ms. Lemon, and that she would transfer me. Before she did, I got Ms. Lemon’s phone number—and good thing! I wasn’t transferred; I was disconnected.

 

Rule #2: First Do Your Homework

 

Since it was 5:00 p.m., I decided to do some research first and call Ms. Lemon the next day. On the Internet I found the Medicare regulation for power-wheelchair medical necessity.

It turns out that a power chair is considered medically necessary only if you’re “bed or chair confined,” not Jason’s situation—yet. I then got the name and phone number of the president of Jason’s insurance company and went to the Web sites for the Department of Health and the Insurance Commission in Jason’s state to find out what process insurance companies must follow if they deny medical equipment. I also decided I would keep dated notes of my phone conversations and take exact quotes.

 

Rule #3: An Ally Is Better Than an Adversary

 

At 9:01 the next morning I called Ms. Lemon. Instead of screaming as I wanted to, I decided to take a different tack: I started by saying, “Ms. Lemon, you are the only one who can help me.” I told her that two of her representatives had hung up on me (hoping a little guilt would soften her up) and explained the situation. She apologized. I told her I needed to know who had denied the power chair. Pleasant as you please, she volunteered that she had denied the chair. Aha! I had her! Victory was mine. My homework had uncovered that this state’s law permits only a physician to deny medical equipment.

When I told her this, she stammered and said she was sure that one of the medical directors, a physician, had ultimately signed her denial. When I asked for the medical director’s name and phone number, she said she was not allowed to give out that information. However, she said she’d transfer me and (you know what’s coming) I was disconnected.

 

Rule #4: Go Right to the Top!

 

It was clear I was getting nowhere talking to the hired help. So my next call was to the president of the insurance company—let’s call him “Robert Bucks”. Of course I didn’t get Mr. Bucks on the phone; I got one of his personal assistants. Starting again with “You are the only one who can help me,” I quickly explained the hang-ups, the denial by a clerical worker, and the refusal to let me talk to the medical director.

The assistant sounded both shocked and concerned. He apologized and confirmed that indeed only a medical director can deny a power chair and gave me the name and number of the medical director assigned to the case.

 

Rule #5: Be a Name Dropper

 

I immediately called the medical director’s office and got his secretary. I asked to speak to the doctor and was told that “insureds” were not allowed to speak to medical directors and how had I gotten the number? I said that I had just spoken to “Bob” Bucks, and was told to call the doctor directly. Implying that “my buddy Bob” told me to call got me through to the medical director in a flash.

The doctor explained that he had indeed signed the denial based on the Medicare regulation that required someone to have “severe weakness” in the arms, be unable to push a manual chair, and be “bed or chair confined” before a power chair could be approved.

Still speaking as Jason, I told him that my arms might not yet be severely weak, but that severe shoulder pain prevented me from pushing a manual chair and that shoulder degeneration would soon make me bed- or chair-confined if I kept on as I was. With the Medicare regulation in front of me, I then quoted another paragraph which said that “a patient who uses a power wheelchair is usually totally non-ambulatory.” I suggested that the word “usually” gave him some leeway, since it means not everyone who gets a power chair is totally unable to walk.

To my amazement the doctor listened! He agreed the shoulders would just get worse and that I would eventually be chair or bed confined. “Tell your doctor to write a new prescription and an appeal letter explaining that your shoulders are falling apart, that you can’t push a manual wheelchair and soon won’t be able to walk,” he said. “I can argue that it would be better to give you the power chair sooner rather than later and save your shoulders.”

 

Rule #6: Tell, Don’t Ask

 

Ecstatic, I called Jason. I explained that his doctor only had to send a prescription, write a letter, and the power wheelchair was his. But Jason hemmed and hawed. He said his doctor was very busy and hadn’t liked filling out the insurance forms for the power chair in the first place. I told Jason he needed to advocate for himself. I told him he needed not to ask but to tell his doctor—quietly but firmly—that he “was the only person who could help” and to write that letter. Indeed, Jason’s doctor was not happy, but write a letter he did.

Within two weeks the power wheelchair was approved. I was king of the world ... until Jason called me a month later.

 

Rule #7: Call in the Marines!

 

Jason told me that he was greeted one morning by a truck driver with a huge box. Inside was the promised power chair. Jason’s excitement gave way to confusion and anger when he discovered the wheelchair was twice as wide as he was. I asked him how this could have happened when he had been fitted for the chair. Jason told me the delivery was a total surprise because he had never been fitted.

I immediately called the medical director to find out what had gone wrong. The doctor coolly explained that the insurance company provides only one type of power wheelchair from only one manufacturer. When I told him the chair had never been fitted and was too wide, the doctor’s response was as simple as it was final: “We had a doctor’s prescription.” Click.

The doctor’s answer was not only ridiculous, it smelled way bad. Why would an insurance company provide only one type of power wheelchair that was drop-shipped from another state without being fitted?

I called Jason’s state insurance commissioner and was told that insurance companies cannot provide only one brand of wheelchair, that wheelchairs are indeed custom items that must be fitted. I was referred to the state department of health’s office responsible for overseeing HMOs. And I heard the same thing. For good measure I called the state attorney general’s office. What the insurance company was doing smelled bad to everybody. And, since this was a Medicare issue, I called Jason’s congressman too.

Turned out that the insurance company and the wheelchair manufacturer were under federal investigation for—guess what?—a kickback scheme involving payoffs by the wheelchair maker to the insurance firm.

I once again called my buddy the medical director. I told him about all the offices I had just called and—my voice calm and even—explained that everyone believed that his insurance company was involved in a kickback scheme with the wheelchair manufacturer that broke bushels of state and federal laws. I told him that it wasn’t my idea to testify against him in court or to speak at a television press conference, but that I’d do what the attorney general asked if it would get me a usable power chair.

 

Rule #8: One White Lie May Be Worth a Thousand Truths

 

Of course, no one I talked to had mentioned testifying in court or a TV press conference. But the medical director didn’t know that, and there was no way that he was going to find out. What was he going to do, call the attorney general and ask if he was going to be indicted? Which is why I heard the doctor’s voice raise an octave. “No, no, no! “he said. “You must have misunderstood me.”

He quickly explained that the brand of wheelchair that was shipped was the company’s first choice, not the only choice, and that of course every patient’s wheelchair should be individually fitted. He told me that the insurance company would arrange for the chair to be returned, that a local vendor would be in contact, and that any brand of power chair that met my needs would be provided.

True to his word, within a week the offending wheelchair had been removed and Jason was fitted for a chair that met his needs. Jason and his shoulders are now happily rolling along.

 

God Bless Alexander Graham Bell

 

Since helping Jason, I have told others about “The Eight Simple Rules” and how they have proved helpful in dealing with everything from refusals by employers to provide reasonable accommodations under the ADA to reversing denials for Social Security disability benefits.

The phone can be a powerful weapon. Don’t be afraid to call anyone and everyone who could possibly help you. State officials, congresspersons, and senators. Elected officials love to help their constituents (read: voters).

Sometimes, however, the pen can be mightier than the phone. You can file official complaints under the ADA, state civil rights and consumer laws with your state’s insurance commissioner and with the attorney general. Ultimately, you may need a lawyer specializing in disability or consumer issues if it’s time to lock and load and take the bums to court.

But if you follow “The Eight Simple Rules”, you may get what you need without paperwork or lawsuits by doing your homework, being pleasant but assertive, using your wits, and using Alexander Graham Bell’s marvelous invention.

 

Some useful links are: http://www.congress.org/congressorg/home/

http://www.ssa.gov/

http://www.medicarerights.org/

http://www.nod.org/

http://www.disabilityinfo.gov/

http://www.govbenefits.gov/govbenefits_en.portal

 
 

THE ART OF BEING RESOURCEFUL

 

Being resourceful is an attitude. The following three suggestions that will aid you in becoming your own best advocate while you investigate your insurance policy, as well as while you communicate with health care professionals.

 

1) Ask Questions.

Insurance terms and medical jargon can be like a foreign language. Do not be intimidated by how unfamiliar you are with the health care system or in dealing with insurance matters. The more you ask, the more informed you will be.

 

2) Assume Nothing.

Review your understanding of your insurance policy with the customer service representatives (phone numbers are usually listed on insurance cards). Review how to use your benefits:

 

How do you obtain medical equipment — through your doctor or on your own? Can you take the order to any supplier, or are you directed to use a preferred provider chosen by your insurance plan? Do you need a referral or prescription?

 

3) Don’t Take “NO” for an Answer.

If you are told a piece of equipment or anything you may need, which is ordered by your doctor, is not covered by you insurance, first determine whether the denial is based upon lack of coverage or the insurance company’s belief that the service is not medically necessary. Then ask what the appeal process is and follow it exactly. Many people are surprised when a denial is reversed.

 

Some people do not have coverage for durable medical equipment (DME – medically necessary reusable equipment), but may have coverage for respiratory equipment.

 

Be as specific as possible when talking with your insurer, and also ask for the assistance of the doctor, his/her staff, or a social worker in proceeding with an appeal. Be diligent and persistent.

 

Sometimes an insurance decision maker is not knowledgeable about ALS; you need to educate them about how the service, equipment, or prescription is medically appropriate for this disease. He/she may then authorize the request. Of course, it is not always possible to receive benefits for items not outlined in your plan, but you will never know unless you try.

 

****Remember, insurance policies vary from person to person. If you and your neighbor both have Blue Cross through your employers, he or she may have a very different plan from yours and may include different benefits. Do not assume that specific insurers offer the same coverage. Your plan may cover medical equipment at 100%, while your neighbor’s is at 80%.

 

Refer to the outline of questions in the next section for guidance on what to ask your insurance representative. The areas where you should focus are: DME, home health care, private duty nursing (particularly necessary if considering ventilator support), and prescription benefits.

 

It is helpful to maintain a written “log” or record of the names of the people with whom you speak and correspond. Include their contact information and the agency or organization along with the date of your communication, issues discussed and the outcome of the conversation or written communication.
 

 

Understanding Your Insurance Coverage

 

In order to maximize the benefits of your insurance plan, it is important for you to keep a record of the name, phone number, identification, and group number of your insurance plan. You also should note who the subscriber is (you or your spouse), his/her date of birth, and Social Security number.

 

Identify any other insurance benefits you may have, such as a separate prescription benefit card or a long-term-care policy.

 

If you have more than one insurance plan, determine which policy is primary and which is secondary; confusion with this matter can result in billing errors. Your insurance company customer service representative can be helpful in identifying which plan is to be billed first. Also keep up to date on your insurance; if your coverage changes in any way, notify all your doctors, medical suppliers, and pharmacists immediately, so that the next time you access their services, you will have helped prevent billing errors.

 

Contact your insurance company directly, and ask specific questions about your benefits. Keep a notebook and always note the date and the person who provided the information. Remember, having your benefits described over the phone does not guarantee coverage. Your physician may be asked to write a letter of medical necessity and complete specific forms to verify your medical condition and eligibility for whatever item or service is being requested.

 

Ask if your policy offers case management. Case managers either work for the insurance company, or are contracted by them to monitor and advocate for patients whose costs are high or who have complicated needs. They are often helpful in cutting internal “red tape” (problems), gaining access to little-known insurance benefits, and reducing your overall out-of-pocket expenses. Case management can be activated at various stages of your illness, depending on how your insurance company has defined the benefit.

 

Having direct communication with your insurance carrier will help you gain an overview of your policy and remove the mystery of how your plan works.

 

Use the following guide when contacting your insurance company. Be sure to have all of the specific information about your insurance plan in front of you before calling. Do not hesitate to ask what certain words or terms mean.

 

 

WHAT YOU NEED TO KNOW ABOUT YOUR HEALTH INSURANCE POLICY

 

General Questions

1.    Is there an annual deductible?

2.    Is there an annual out-of-pocket expense limit or maximum? If I meet my limit, does my coverage increase and to what extent?

3.    Do I have a major medical plan? Is there an annual or lifetime maximum?

4.    Do I need to complete any claim forms?

5.    Am I subject to pre-existing condition regulations?

6.    For what services do I need pre-authorization?

 

Durable Medical Equipment (DME) Questions

1.    Does my plan cover DME? What about ventilator and noninvasive ventilator coverage (i.e. BiPAP); are they under respiratory equipment or DME?

2.    What is the percentage of my coverage?

3.    Is there a preferred provider I must see?

4.    Is preauthorization or a medical review required?

 

Prescription Questions

1.    Does my plan cover prescription drugs? What are the terms of this coverage, and is coverage different based on using brand-name versus generic drugs?

2.    Is there a specific pharmacy/supplier network I must use?

3.    Is there a limit on the amount of prescription drugs I can get through this plan?

4.    Is there coverage for all FDA-approved drugs, or is coverage provided only for those listed on your formulary (a list of drugs that an insurance policy covers)?

5.    Does my plan offer a mail-order pharmacy option? Describe this benefit.

 

Home Health Questions

1.    Does my plan have home health coverage? Describe this benefit.

2.    Do I have coverage for a home health aide (for skilled or custodial care)?

3.    Is there a preferred home health care agency I must use? Is there private duty nursing coverage at home? Describe this benefit.

4.    Does my plan offer case management? At what point does case management get involved and for how long?

 

Hospice Questions

1.    Does my plan have hospice coverage? Describe this benefit.

2.    Is there a preferred Hospice agency that I must use?

 

Questions for Health Maintenance Organization/Preferred Provider

Organization (HMO/PPO) Subscribers

1.    Is my ALS neurologist (or other ALS specialist) a member of the network or a participating provider?

2.    Explain the referral process. Do I need a referral from my primary care physician every time I go to the neurologist or other specialist; is there a limit to the number and frequency of referrals?

 

A NOTE ABOUT PRESCRIPTION PLANS

Find out the following details about your prescription benefit: if there is a limit, if injectable medications are covered, what the terms are, and if there is a mail-order option. If you do not have prescription coverage, or if there is a limit on coverage, explore other ways to fund your medications. Some states have pharmaceutical assistance programs or specific programs for the elderly and disabled; however, you may have to meet certain income criteria. There are some drug manufacturers that provide medications free of charge to physicians whose patients may have limited finances. Your doctor or social worker must make the initial contact with the pharmaceutical company. To find out more about these types of programs, please have your health care provider review the Pharmaceutical Manufacturers Association manual, available by calling 1(800) 762-4636, or by going to the Web site at http://www.phrma.org

If you are paying for your medications privately, you may consider national pharmaceutical mail-order houses which order in high volume and pass their savings on to you. Contact your local ALS Association chapter for an updated list.

 

 

 

 

 

Important Medicare Rx Drug Benefit Resources

 

 

Medicare Prescription Drug Coverage Basics

 

Cost and Coverage Varies by Plan and Region

Beginning on January 1, 2006, Medicare will for the first time provide coverage for prescription drugs, including many of the medications needed by people with ALS (PALS).  Coverage and cost will vary by plan and by region, so it is important for PALS on Medicare to review the options available to them in their particular areas to determine which plans are most appropriate for their needs and whether enrolling in a plan is, in fact, the best choice for them.   This new coverage may provide significant savings to Medicare beneficiaries, especially for those who currently do not have drug coverage.  In addition, those with limited incomes may be eligible for additional assistance, which could enable them to receive their prescription drugs at a very low cost.  Additional information about the low income subsidy is available here:  http://www.ssa.gov/pubs/10128.html.

 

Regardless of a person’s income or whether they currently have drug coverage, all Medicare beneficiaries will be eligible for this coverage with enrollment beginning on November 15, 2005

 

Enrollment Not Required

While the new benefit is available to everyone eligible for Medicare, people are not required to enroll.  They may elect to keep their current coverage as it may already meet their needs in terms of coverage, cost and convenience.  However, those who do not enroll during the initial enrollment period (November 15, 2005 to May 15, 2006) may have to pay a penalty (1% premium increase for each month a person waited to enroll), unless their current prescription coverage is deemed to be equal to or better than Medicare’s.  If people currently have coverage, they will receive a notice from their insurer or employer by November 14 indicating whether their coverage is at least as good as Medicare, in which case there will not be a penalty if someone chooses not to enroll in a Medicare prescription drug plan.

 

Options – Stand-Alone PDPs or Medicare Advantage

People who do want to receive Medicare prescription drug coverage will have many different plans available to them in their area.  However, there are two ways to receive coverage.  First, people can add prescription drug coverage to the traditional Medicare plan by enrolling in a stand-alone prescription drug plan (PDP).  Or they can receive drug coverage and the rest of their Medicare coverage by enrolling in a Medicare Advantage plan, like an HMO or PPO.

 

Drug Coverage Not Automatic

It is important to note that Medicare prescription drug coverage is not automatic.  People must choose to enroll if they so desire.  However, those who qualify for extra help receive Supplemental Security Income (SSI), or who receive Medicare and Medicaid will be enrolled in a plan automatically if they do not select one before drug coverage takes effect on January 1, 2006.  We strongly recommend that these individuals enroll in a plan before December 30, 2005. 

 

Medicare Part B Reminder

We also would like to take this opportunity to remind PALS and Chapters that people who do not enroll in Medicare Part B when they first become eligible will face penalties if they enroll at a later date.  Part B provides important coverage for durable medical equipment and supplies, physician services, outpatient services, and other services not covered by Medicare Part A (hospital insurance).  If people do not enroll in Part B when they first become eligible, they will pay increased monthly premiums equal to 10% more for each 12 month period that a person was eligible for Part B, but did not enroll.   This penalty will apply for as long as someone has Part B.

 

Prescription Drug Toolkits Available

 

The Centers for Medicare and Medicaid Services (CMS) has several toolkits available to assist ALSA Chapters and caregivers in educating PALS about the new Medicare drug benefit and help them to make the enrollment decisions that meet their needs.   These include:

 

·        “Outreach Toolkit on Medicare Prescription Drug Coverage.”  The toolkit includes presentation materials and other information available from CMS that will help Chapters and others reach out to their communities and provide information about the Medicare prescription drug benefit.  The Outreach Toolkit is available online at Medicare Outreach Toolkit

 

·        “Help is here Resource Kit: Understanding, Deciding, Choosing, Joining.” This toolkit, which is designed to be included in the Outreach Toolkit, includes information ALSA Chapters and individuals can use to help PALS understand the Medicare prescription drug benefit and choose a plan that meets their needs.  The Kit is available online at "Help is Here" Resource Kit: Understanding, Deciding, Choosing, Joining We strongly recommend that Chapters, family members and caregivers review and retain a copy of this toolkit, as it will help you respond to questions and guide PALS in reviewing the prescription drug options available to them

 

This Kit also is available via an online webcast at National Medicare Training Program.  The webcast runs with Windows Media Player and Real Player, and a closed captioned version also is available.

 

If you would like to order hardcopies of the “Outreach Toolkit” or the “Help is Here Resource Kit,” please contact Pat Wildman at pwildman@alsa-national.org or 1-877-444-ALSA.

 

Prescription Drug Plans Available in Your Area

 

Landscape of Local Plans

A listing of the prescription drug plans available in your area can be found online at http://www.medicare.gov/medicarereform/map.asp.   Select your state on the map, and you will be provided links to charts showing the Medicare Advantage Plans (HMOs, PPOs, etc. that offer other benefits in addition to drug coverage) and Stand-Alone Prescription Drug Plans (provide drug coverage only) available in your area.  The charts include information on premiums, deductibles, tiered co-pays, generic/brand name coverage and whether or not mail order is available for prescription drugs. 

 

Medicare & You 2006

Much of the plan information mentioned above also is included in the Medicare & You 2006 handbook, which has been mailed by CMS to Medicare beneficiaries and provides information about the Medicare program as well as the prescription drug benefit.  Handbooks that include state-specific plan information are available online here, , Summary of Medicare benefits, health plan options, rights and protections, and other important resources. Since the information about health and prescription drug plans differs by region, it is important that you select the handbook that covers your particular area. 

 

NOTE:  The Medicare & You 2006 handbooks that were mailed to beneficiaries earlier in October contain an error.  It inaccurately states that low-income beneficiaries who enroll in any Medicare prescription drug plan available in their area will not be required to pay premiums.  That is false.  About 40% of plans will require no premiums.  The error has been corrected in the versions available online.  It is possible that new handbooks will be mailed by CMS.  The “Notice of Errata” is available here: : Notice of Errata

 

The Formulary Finder

The Formulary Finder will allow PALS and Chapters to enter a typical combination of drugs used by PALS to determine which plans in your area have formularies that cover these drugs.  The Formulary Finder is available at

http://plancompare.medicare.gov/formularyfinder/selectstate.asp

NOTE:  Some of these tools may not yet be fully functional as health plan data and the tools themselves have only recently been released. 

 

How to Select a Prescription Drug Plan

 

There are two main ways for Medicare beneficiaries to review their options and select a prescription drug plan, depending on whether an individual has access to the internet.  However, as you use these tools you should also have some key information handy, such as a list of the medications you take, to help you make a decision.  Additional information to have on hand is described in the section below on Information to have and Questions to Ask.

 

Selecting a Plan via the Internet:

For those with access to the internet, we strongly recommend using the online resources that are available to you.  Chapters, caregivers and family members also may use these internet tools to assist PALS in learning more about their prescription drug options.  The internet tools will be the most efficient and easy way to review the options available and select the plan that meets the needs of individual PALS.  There will be several online tools available.  They include:

 

1.    The Prescription Drug Plan Finder

Available on the CMS website, , www.medicare.gov is a Medicare Prescription Drug Plan Finder.  This tool will help Medicare beneficiaries decide whether they want to enroll in a plan that offers Medicare prescription drug coverage.  It is designed to allow individuals to compare the Medicare drug plans in specific geographic areas and select a plan that meets their individual needs.  For example, the tool allows people to enter information about specific drugs they take, the range of monthly premiums and annual deductibles they are willing to pay, as well as their pharmacy preferences and then it will locate available plans that meet the criteria entered and will provide coverage, cost and other important information about those plans.  The tool also allows people to compare between plans that provide prescription drug coverage alone and those Medicare Advantage plans that provide prescription drug coverage as well as coverage for other Medicare services.   Importantly, the tool takes into account how you currently receive your prescription drug coverage and will let you know your options based on your current coverage.

 

The link to the Medicare Prescription Drug Plan Finder is here: Plan Finder Tool

 

NOTE:  Since Medicare prescription drug plan information has only recently been made available and because the Medicare Prescription Drug Plan Finder has just been launched, some of the features may not be fully functioning.  However, the Centers for Medicare and Medicaid Services has stated that the site will be fully functional during the enrollment period.   Once the Plan Finder is fully operational, it will allow people to personalize their search for a drug plan, as noted above, and look at a side-by-side comparison of up to three plans at a time based on cost, coverage and convenience.

 

The Plan Finder also will help people if they are not sure whether they qualify for extra help, whether their employer or union is continuing their current coverage with a Medicare subsidy, or whether they are already enrolled in a Medicare Advantage Health Plan or in a Medicare prescription drug plan.

 

A Webcast describing how to use the Plan Finder Tool is available online at Plan Finder Tool The Webcast runs with Windows Media Player and Real Player.

 

2.    BenefitsCheckUpRx

Another helpful tool that is available to PALS, Chapters, caregivers and family members is BenefitsCheckUpRx  This web-based decision-making tool is provided by the Administration on Aging and the Department of Health and Human Services and can be accessed at www.benefitscheckup.org or through the Access to Benefits Coalition website at, www.accesstobenefits.org.   The tool links to the Medicare Prescription Drug Plan Finder and will help people assess current prescription drug coverage, determine whether they are eligible for additional assistance, inform them of their rights and options based on their situation, and help them take the next step, including enrolling in a Medicare Prescription Drug Plan.  BenefitsCheckUpRx also will help people determine what prescription drug programs they qualify for including:  the Medicare Prescription Drug Benefit (and low income subsidy), State Pharmacy Assistance Programs, Medicare Savings Programs, and Supplemental Security Income (SSI).  The tool also will provide state specific recommendations. 

 

3.    MAPRx

Medicare Access for Patients Rx, MAPRx, is a coalition of patient, family caregiver and health professional organizations committed to safeguarding the well-being of patients with chronic diseases and disabilities under the new Medicare prescription drug benefit.  ALSA is a member of the coalition.   The MAPRx website, www.maprx.info includes helpful information and answers to questions as well as links to tools that allow users to compare prescription drug plans.   The site also is expected to include a step by step guide on how to choose a plan and will include a checklist and comparison chart to assist in the decision-making process.  

 

Selecting a Plan over the Phone:

While we recommend that people utilize online resources whenever possible, we recognize that many people do not have access to the internet.  However, those who do not have internet access do have several options available to turn to for assistance.  They can call the Medicare hotline at 1-800-MEDICARE, their local State Health Insurance Assistance Program or the Area Agency on Aging (contact information is available in the Medicare Training and Assistance Section below).  Representatives at these numbers are available to answer questions and guide PALS, family members and caregivers through the decision-making process, including helping to identify their options and the plans that best meet their needs, if they choose to enroll in the prescription drug benefit.

 

Chapters, family members and caregivers also can be vital resources for PALS to turn to for information about the Medicare prescription drug benefit.  We strongly recommend that Chapters, family members and caregivers use internet resources, such as the Drug Plan Finder, the Landscape of Local Plans, the Formulary Finder and the “Help is Here Resource Kit” to assist PALS in making the choices most appropriate for them. 

 

The “Medicare Rx Help is Here Resource KitMedicare Rx Help is Here Resource Kit” in conjunction with the Drug Plan Finder  are especially valuable tools to use when guiding PALS through the decision-making process.  These tools will help people ask the questions they need to ask when choosing a plan or deciding to enroll in the benefit.   Please note that some of these tools may not yet be fully functional as health plan data and the tools themselves have only recently been released. 

 

Finally, the Medicare & You 2006 handbook also is an important resource to use for those who do not have internet access.  As previously mentioned, the handbook includes information about Medicare and the prescription drug benefit as well as the plans available in your area.   Please note that the Medicare & You 2006 handbooks that were mailed to beneficiaries earlier in October contain an error.  They inaccurately state that low-income beneficiaries who enroll in any Medicare prescription drug plan available in their area will not be required to pay premiums.  That is false.  About 40% of plans will require no premiums.  The error has been corrected in the versions available online.  It is possible that new handbooks will be mailed by CMS. 

 

NOTE:  We again want to note that people are not required to enroll in a Medicare prescription drug plan.  While the drug benefit may bring savings to many PALS, it is important to review the options that are available before deciding whether to enroll in a Medicare prescription drug plan, Medicare Advantage Plan or whether a person should keep their existing coverage.  The tools included here will help PALS, families and caregivers make the choices that are most appropriate for them. 

 

Information to Have and Questions to Ask

 

Regardless of whether people use the internet or more traditional means to identify a prescription drug plan, they should begin the process armed with important information and key questions to ask.  CMS has available two helpful documents that provide suggestions on issues to think about when comparing plans (http://www.medicare.gov/Publications/Pubs/pdf/11163.pdf) as well as tips on how to compare plans http://www.medicare.gov/. In addition, we have included below other information to consider when people review their options.  But please remember that people should compare their current coverage to the new options that are available.

 

ALSA Chapters may want to customize the information below to include any other questions PALS may want to consider as they go through the decision-making process. 

 

General Information to Have On Hand When Choosing a Medicare Drug Plan:

1.    Your Medicare Card, including Medicare number and effective date for Part A or B.

2.    General information on your current prescription drug coverage – whether you receive coverage through an employer, union, Medicare Supplemental, or other retiree drug coverage.

3.    Information on annual income and resources (to determine if you qualify for extra help).

4.    A list of medications you take, including dosage.

5.    The name of pharmacies you use.

 

 

Information to Consider:

§         The amount of the monthly premium

§         Whether the plan formulary includes:

o       The particular drugs needed by PALS

o       The strengths and dosages of the drugs needed

o       The number of days covered in each prescription (Example: 30, 60, 90 days)

§         Whether the pharmacies in the plan’s network include:

o       The pharmacies used by the beneficiary

o       The pharmacy used by the long-term care facility in which the beneficiary resides

§         Whether there are price differentials among pharmacies in the network

§         Whether mail-order is allowed or required

o       The price differential for mail order

o       The number of days covered in each prescription (Example: 30, 60, 90 days)

§         The plan’s utilization management tools

o       The prior authorization requirements

o       Whether the plan requires step therapy (Requirement that certain medication(s) be tried before those prescribed by the PALS’ physician)

o       Whether the plan uses tiered cost sharing (Different co-pays for generics, brands, or for specific drugs)

·        The number of tiers

·        The co-payments/co-insurance per tier

o       Whether the plan offers therapeutic substitutions

o       Whether there are quantity limitations

·        On number of prescriptions in a month

·        On number of pills in a prescription

 

§         Whether the plan offers supplemental benefits

§         How the plan coordinates with the State Pharmaceutical Assistance Program

§         Who is the plan sponsor, has the entity been in the community for a while, is it reliable?

§         The “Transition” process used by the Prescription Drug Plan (Temporary use of a drug not covered by plan)

§         The “Exceptions” process used by the Prescription Drug Plan (Appeal if a person’s drug is not covered by the plan)

§         Whether a PALS has other insurance that covers prescription drugs:

o       Through a Medicare HMO or other Medicare Advantage plan.  If so, the person must keep getting drug coverage through that plan if he wants to stay in that plan.

o       Through a retiree health plan.  If so, has the former employer told the person whether the insurance is as good as or better than Medicare's coverage (i.e., "creditable coverage”)?  If it is creditable coverage, the person may stay in that plan without getting a late penalty on the premium if he later decides to change to a Medicare drug plan.

o       Through a Medigap (Medicare supplemental) policy?  If so, has the insurer told the person whether the insurance is creditable coverage?  If it is not, the person will have to pay a late penalty on the premium if he keeps his Medigap drug coverage and later switches to a Medicare prescription drug plan.

o       Individuals with coverage through the Veteran's Administration, TRICARE, Federal Employee Health Benefit Plan, Railroad Retirement Board, Program of All-Inclusive Care for the Elderly (PACE), or Indian Health Service, may continue receiving prescription drug coverage through one of those plans if that coverage is as good as what is offered from Medicare prescription drug coverage.

 

 

Frequently Asked Question and Answers

 

CMS has a comprehensive list, which is updated regularly, of frequently asked questions and answers about the new drug benefit available here: http://web.archive.org/web/19960101-re_/http://www.cms.hhs.gov/partnerships/news/mma/qsandas.pdf

 Questions and answers include:

§         Basic Information

o       What is Medicare Prescription Drug Coverage?

o       Is Medicare prescription drug coverage better than what I have now?

o       What if I already have prescription drug coverage?

o       How do I join a Medicare Prescription Drug Plan?

o       What happens if I choose not to join a Medicare drug plan by May 15, 2006?

o       Is there information and help available to compare Medicare drug plans?

§         Costs and Coverage

o       What are the out-of-pocket costs for Medicare prescription drug coverage?

o       What does a Medicare drug plan cover?

o       How can I be sure a Medicare drug plan will cover the prescriptions I might need?

o       What is a formulary?

o       What if I need a drug that isn’t on the formulary or is covered at a higher cost?

§         Affect on Current Drug Coverage

o       What do I need to know if I have prescription drug from a former or current employer or union?

o       What do I need to know if I have a Medicare Advantage Plan (like an HMO, PPO or PFFS Plan) or other Medicare Health Plan?

o       What do I need to know if I have a Medigap (Medicare Supplement Insurance) policy that covers prescription drugs and I have the Original Medicare Plan (Medicare Part A and Part B)?

o       What do I need to know if I have drug coverage from TRICARE, the Department of Veterans Affairs, or the Federal Employee Health Benefits Program?

o       What do I need to know if I have full coverage from my state Medicaid program?

§         Information for People with Limited Income and Resources

o       How do I know if I qualify for extra help?

o       How much will my prescriptions cost me if I qualify for extra help?

 

Important Dates and Deadlines

 

A calendar of important dates and deadlines is available by double clicking here: PDF File

The calendar includes enrollment and implementation dates, as well as dates when PALS on Medicare can expect to receive information from CMS.

 

Medicare Training and Education

 

Included in the information that follows is local contact information for the regional CMS offices and State Health Insurance Assistance Program (SHIP) offices in your area.  Local CMS offices can help provide training for ALSA Chapter staff about the prescription drug benefit and can answer questions Chapters may have.  SHIPs are available to provide individual assistance to PALS receiving Medicare and can guide PALS through the decision-making process.  The Medicare Hotline, 1-800-MEDICARE, also is available to provide answers to questions and personalized assistance identifying and reviewing the options available to PALS. 

 

 

Ø      CMS Regional Contacts

CMS regional contacts are available below and by double clicking here: PDF File

 

CMS Regional Contacts

 

Each of the 10 CMS regional offices has designated staff members to lead the education and outreach campaign effort about the prescription drug benefit. They are an invaluable local source of help and information.

 

CMS Regional Offices, States & Territories Covered by Each Region

 

 
  Region States & Territories
I Boston ME, VT, NH, MA, CT, RI
II New York NY, NJ, PR, VI
III Philadelphia PA, MD, DE, WV, VA
IV Atlanta FL, KY, TN, NC, SC, GA, AL, MS
V Chicago MN, WI, IL, MI, IN, OH
VI Dallas NM, TX, OK, AR, LA
VII Kansas City MO, IA, KS, NE
VIII Denver CO, UT, WY, MT, ND, SD
IX San Francisco A, NV, AZ, HI, Guam, Samoa
X Seattle AK, ID, OR, WA

 

 

CMS MMA Education Campaign Regional Contacts

 

  Region Contact Telephone Email
I Boston Carol Maloof 617-565-1313 Carol.Maloof@cms.hhs.gov
II New York Danielle Liss 212-616-2217 Danielle.Liss@cms.hhs.gov
III Philadelphia Patti Lalor 215-861-4152 Patricia.Lalor@cms.hhs.gov
IV Atlanta Wilma Cooper 404-562-7240 Wilma.Cooper@cms.hhs.gov
V Chicago Greg Chesmore 312-353-1487 Gregory.Chesmore@cms.hhs.gov
VI Dallas Julie Kennedy 214-767-6420 Julie.Kennedy@cms.hhs.gov
VII Kansas City Kathryn Coleman 816-426-6518 Kathryn.Coleman@cms.hhs.gov
VIII Denver Mark Levine 303-844-7070 Mark.Levine@cms.hhs.gov
IX San Francisco Cate Kortzeborn 415-744-3661 Catherine.Kortzeborn@cms.hhs.gov
X Seattle Michelle Dillon 206-615-2368 Michelle.Dillon@cms.hhs.gov

 

 

Ø      State Health Insurance Assistance Program Contacts

 

Contact information for local State Health Insurance Assistance Program offices is available below and online here:  Partnerships

 

Alabama

1-800-243-5463

 

Alaska

1-800-478-6065

In-State Calls Only

 

Arizona

1-800-432-4040

 

Arkansas

1-800-224-6330

 

California

1-800-434-0222

In-State Calls Only

 

Colorado

1-888-696-7213

 

Kansas

1-800-860-5260

 

Kentucky

1-877-293-7447

 

Louisiana

1-800-259-5301

In-State Calls Only

 

Maine

1-877-353-3771

 

Maryland

1-800-243-3425

In-State Calls Only

 

Massachusetts

1-800-243-4636

 

Michigan

1-800-803-7174

 

Minnesota

1-800-333-2433

 

Mississippi

1-800-948-3090

 

Missouri

1-800-390-3330

 

Montana

1-800-551-3191

In-State Calls Only

 

Nebraska

1-800-234-7119

 

Nevada

1-800-307-4444

 

Connecticut

1-800-994-9422

In-State Calls Only

 

Delaware

1-800-336-9500

In-State Calls Only

 

Florida

1-800-963-5337

 

Georgia

1-800-669-8387

 

Guam

1-671-735-7382

Local

 

New Hampshire

1-800-852-3388

In-State Calls Only

 

New Jersey

1-800-792-8820

 

New Mexico

1-800-432-2080

In-State Calls Only

 

New York

1-800-333-4114

 

North Carolina

1-800-443-9354

 

North Dakota

1-888-575-6611

 

Ohio

1-800-686-1578

 

Oklahoma

1-800-763-2828

In-State Calls Only

 

Oregon

1-800-722-4134

In-State Calls Only

 

Pennsylvania

1-800-783-7067

 

Puerto Rico

1-877-725-4300

 

Rhode Island

1-401-462-3000 Local

 

South Carolina

1-800-868-9095

 

Hawaii

1-888-875-9229

 

Idaho

1-800-247-4422

In-State

 

 Illinois

1-800-548-9034

In-State Calls Only

 

Indiana

1-800-452-4800

 

Iowa

1-800-351-4664

 

South Dakota

1-800-536-8197

 

Tennessee

1-877-801-0044

 

Texas

1-800-252-9240

 

Utah

1-800-541-7735

 

Vermont

1-800-642-5119

In-State Calls Only

 

US Virgin Islands

1-340-772-7368 St. Croix

1-340-714-4354 St. Thomas

 

Virginia

1-800-552-3402

 

Washington

1-800-562-6900

 

District of Columbia

1-202-739-0668

Local

 

West Virginia

1-877-987-4463

 

Wisconsin

1-800-242-1060

 

Wyoming

1-800-856-4398

 


 

Publications and Fact Sheets

 

CMS has several publications and fact sheets available online, which you can download or order.  Many of these publications come in the form of brochures which Chapters may want to make available at the Chapter office or distribute at support group meetings or other gatherings where PALS, caregivers and family members may be present.  The publications can be accessed at Fact Sheets

 

________________________

 

As you can see, there is a great deal of information available about the new Medicare Prescription Drug benefit.  We strongly encourage Chapters, PALS, family members and caregivers to add this page of our website to your bookmarks or print this document.  You will want to have this information handy to use as a resource during the enrollment decision-making process.  

 

We understand that the amount of information available can be overwhelming.  Therefore, please utilize the help that is available.  Chapters, PALS, families and caregivers can contact 1-800-MEDICARE, local State Health Insurance Assistance Program offices or the CMS Regional Office.  Of course, the Advocacy Department also is available as a resource, so please do not hesitate to contact Pat Wildman, Director of Federal Advocacy Outreach, at pwildman@alsa-national.org or toll free at 1-877-444-ALSA if you have any questions. 

 

The implementation of the Medicare prescription drug benefit is one of the largest ever launches of a government program.  As a result, problems may arise in both the tools that are available to assist Medicare beneficiaries as well as in the implementation of the drug benefit itself.  If you or someone you know experiences problems or difficulties, either during the enrollment process, or after the benefit is implemented on January 1, please let us know.   We want to communicate these concerns to both the Centers for Medicare and Medicaid Services (CMS) and Members of Congress as soon as possible to help ensure that they are addressed promptly. 


 

 

THE ECONOMIC IMPACT OF LIMB WEAKNESS

 

If you experience weakness in your arms and/or legs, you will want to find ways to enhance your independence and minimize safety hazards. In addition, it is important for you to know what is covered under your insurance policy, so that the economic impact of muscle weakness is kept to a minimum.

 

Medical Equipment

The type of medical equipment you might need to assist with daily living is different for each person and coverage for medical equipment varies from one insurance plan to another. Currently, Medicare covers, in part, most of the items listed below. A prescription is required along with a certificate of medical necessity from your doctor. Coverage issues can be complicated by the following: the order in which the equipment is obtained; if you reside in a nursing home; if hospice care is involved; or if you have insurance through a working spouse. You should find out from the medical supplier (store) if any coverage problems are anticipated.

 

Equipment Usually Covered by Insurance


 

·        Hospital Bed

·        Cane

·        Walker

·        AFO (ankle-foot orthotic)

·        Wheelchair (one)

·        Patient Lift

·        Commode

·        Certain communication devices


 

 

Some vendors accept Medicare payment as payment in full and others charge the portion Medicare does not cover. Ask whether your vendor is Medicare certified or not.

 

Adaptive Devices/Supports

To promote independence and safety at home, take advantage of grab bars, stair glides, emergency call devices, and other items listed below. These innovative products are typically not covered by insurance plans and vary greatly in their cost. Social workers or your case manager may be able to help identify ways to borrow or obtain funding for these items through county or state-funded programs, local chapters of The ALS Association,

local volunteer organizations, Veteran’s Affairs, or community agencies.

 

Equipment Usually NOT Covered by Insurance


 

·        Grab Bars

·        Speaker Phones

·        Shower Chairs

·        Emergency Call Devices

·        Ramps

·        Stair Glides

·        Hand Splints

·        Built-up Utensils

·        Seat-lift Chairs

·        Car/Van Adaptations


 

 

Help at Home

Acknowledging your limitations and needs may be awkward and difficult. Once you decide you need help at home, take the time to learn what funding is available and how to go about obtaining it. This process may be troublesome if you do not know where to turn.

 

Skilled Care versus Custodial (Basic) Care:

Insurance companies have defined the kind of care that is provided at home as either skilled or custodial (basic).

 

·        Skilled care is usually covered by insurance, but check for specific eligibility guidelines and limitations. This type of care is provided by a trained professional such as a nurse, physical therapist (PT), occupational therapist (OT), or speech therapist.

 

These health care providers bring their professional skills and services to your home because of your difficulty getting to a medical facility. Some insurance companies that offer a home care benefit also may include a home health aide if you are also receiving care from a skilled professional.

 

·        Custodial care is primarily for helping you with personal needs such as bathing, dressing, and meal preparation. This type of care can be provided safely by a home health aide or nursing assistant. Insurance companies rarely pay solely for custodial care; however, some states or counties offer this service at no cost or reduced cost if you meet certain income guidelines and/or specific medical criteria. Never assume your income is over the maximum for these programs — eligibility varies.

 

First, discuss your eligibility, and then contact your doctor who will determine if you have a need that meets the requirements for skilled home care. If there is no skilled need present and you require help with personal care you may have to pay for a home health aide. You also can contact your local ALS Association chapter regarding resources for financial assistance or recommendations for appropriate providers.

 

Social workers employed by an ALS Center, hospital or home care agency are great resources, and they are familiar with how to access well-known community programs or those in your area that may be well-kept secrets. If you exceed the income requirement for such services or if no subsidized programs exist locally, ask the social worker for recommendations for reputable and affordable home health agencies whose services you would pay for privately. You also can contact your local ALS Association chapter to inquire about financial assistance or recommendations for appropriate providers.

 

Nursing Home

Most ALS patients never need a nursing home but it may be necessary when all other options for care have been exhausted.

 

Such facilities are funded by a variety of sources: Medicare, Medicaid, private insurance, and the very unpopular spending of one’s life savings. If insurance helps at all with reimbursement, the criteria are very strict and may require you to be hospitalized for a few days before coverage can start.

 

Some states have a Spousal Impoverishment Program which allows for marital assets to be divided more equitably, preventing the healthy spouse from becoming poverty stricken by placing their spouse in a care facility.

 

THE ECONOMIC IMPACT OF BULBAR SYMPTOMS

 

Speaking Difficulties

If your speech becomes difficult to understand (dysarthria), writing your message down or using an alphabet board may offer an easier way to communicate. When you use the phone, a TTY (teletypewriter) also known as a TDD (telecommunications device for the deaf) may offer an alternative way for you to have a conversation. It is a portable device with a typewriter-like keyboard that allows you to transmit text over telephone lines. A TTY allows someone with speaking difficulties to type a message directly to the person on the other end that has a TTY. If the receiving person does not have a TTY, message relay centers (offered by the telephone company) can read your typed message to a standard-phone user. This service is free and is described in your telephone book.

 

For anyone who needs to communicate other than by writing, an AAC (augmentative alternative communication) device is often recommended by speech and language pathologists. These systems can be sophisticated and expensive. Funding assistance for these items does exist in some communities and with certain insurance plans such as Medicare.

 

Swallowing Difficulties

Swallowing difficulties (dysphagia) can lead to weight loss; therefore, you may need over-the-counter nutritional supplements. Ensure® and similar products vary in their expense and are usually not covered by insurance unless such products are the sole source of nutrition. Carnation Instant Breakfast is tasty, less expensive, and an excellent source of nutrition when

compared to Ensure®. Medicare currently covers 80% of nutritional or “enteral” formulas (such as Jevity®, Ultracal®, or Pro Balance®), when they are administered through a feeding tube and are documented as the sole source of nutrition. Contact your insurance plan regarding coverage for the enteral formula if a feeding tube has been put in place.

 

Respiratory Problems

There are two types of machines used to help you when breathing is more difficult. Non-invasive positive pressure ventilation (i.e. BiPAP ®) can assist your own breathing. Invasive (tracheostomy) ventilation takes the place of your breathing when you can no longer breathe on your own.

 

Non-invasive breathing machines are commonly used while you sleep. They assist you by adding a flow of air so that you take a bigger breath than you would take on your own. It is ordered by your physician when you have certain symptoms. It will help to increase your oxygen and decrease your carbon dioxide while you sleep. This is a common treatment and does not take the place of your own breathing.

 

Long-term invasive ventilation support takes the place of your breathing when you can no longer breathe on your own. Although this type of life-support is available, not everyone with ALS chooses to use it. It presents unique challenges for the patient and family. The financial impact is tremendous. The availability of caregivers, coverage for medical equipment, private duty nursing and other required resources influence this decision.

If there are no available caregivers to help with invasive ventilation, you may find yourself residing indefinitely in hospitals or nursing homes. The latter often do not offer care for ventilator-dependent patients, so once you locate one, you may end up living farther away from home than intended. If you are considering this option, gather complete information about your private duty nursing coverage and care offered in the community, as well as local nursing home availability.

 

End of Life

 

Hospice care is an option when it is evident that you are at the later stages of your disease, and you have decided against long term ventilator support. This type of care can be a welcome alternative because the patient’s level of comfort takes priority over everything else. “Hospice” is becoming an insurance term as well as a description of a home care philosophy. Depending on your insurance coverage, choosing hospice may be very much

like joining an HMO, because in many cases it receives capitated payments; this term means that the hospice decides how many home health aide hours to approve, what equipment it will and will not rent, what doctor(s) will be seen, what treatments it will allow, and more. You must consider what, if anything, you will have to give up, versus what you will gain from this arrangement. Your ALS care team and your local hospice can

work together to give you the information necessary for you to arrive at a decision that is right for you.

 

 

Your Health Care Team at a Glance

 

It is important for you to keep track of who is coming to your home, the purpose of the visit, and what person or agency is represented. The following information sheet can be used as a quick reference, and it can help you become more organized in managing your health and care. Also keep several copies of the following: the medications you are taking, known allergies, and Advance Directives (a written document you prepare, stating how you want medical decisions made if you lose the ability to make them yourself).

 

 

Health Care Team

Name/Contact

Phone #

 

ALSA/MDA Chapter

 

 

Family Doctor

 

 

Neurologist

 

 

Registered Nurse

 

 

Physical Therapist

 

 

Occupational Therapist

 

 

Speech Therapist

 

 

Dietitian/Nutritionist

 

 

Social Worker

 

 

Mental Health

 

 

Specialist/Therapist

 

 

Gastroenterologist

 

 

Pulmonary Specialist

 

 

Pharmacy

 

 

Community Agency

 

 

Home Health Care Agency

 

 

Medical Equipment Co.

 

 

Ambulance Company

 

 

Hospital

 

 

Insurance Company

(Case Manager)

 

 

Family Member/Friends

 

 

Feeding Supplement Vendor

 

 

Respiratory Therapist/Vendor

 

 

Pastoral Care

 

 

 

 

 

Employment Issues

 

The Americans with Disabilities Act (ADA)

 

Years ago, people with ALS were reluctant to disclose information about the diagnosis to their employers, fearing it would have a negative effect on their continued employment. Today, the ADA guarantees equal opportunity for disabled individuals in employment, public accommodations, transportation, state and local government services, and telecommunications. The ADA

requires that employers modify jobs, the work environment, or the manner in which jobs are customarily performed to enable qualified individuals to continue employment. Three examples of reasonable accommodations may include:

·        making the building and work site accessible (e.g., installing ramps for wheelchairs);

·        modifying set work hours to permit disabled persons to drive or take public transportation during non-peak hours;

·        acquiring special equipment or devices (e.g., a headset telephone or speaker phone for an employee with hand or arm weakness).

 

An accommodation is not required if the change would impose an undue hardship on the employer, such as if it were unreasonably costly, intrusive, or would fundamentally change the nature of the position or business. If discrimination is believed to have occurred, a complaint may be registered in writing to the Coordination and Review Section, Civil Rights Division, U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Washington, DC 20530-0001; or by calling 1-800-514-0301 (voice) or 1-800-514-0383 (TDD).

 

 

FAMILY AND MEDICAL LEAVE ACT

 

Under the 1994 Family and Medical Leave Act, employees must be offered at least 12 weeks (within a 12 month period) of unpaid leave to care for an ill family member — a parent, spouse, or child — or when the employee suffers from an incapacitating health condition. The Act applies to all businesses with 50 or more employees (at sites within 75 miles of one another). An employee must have worked at least 1,250 hours in the previous 12 months (about 24 hours a week) to be eligible for leave. The Act mandates that:

 

·        If possible, employees must give 30-days’ notice that they are taking a leave.

·        Employees (except for 10% of those in highest-paid positions) are entitled to get their previous jobs back, or a job with equal duties, benefits, and pay.

·        Employees are entitled to their full health benefits while on leave; however, an employer can demand to be paid back for insurance premiums, if the employee quits the job at the end of the leave.

·        Leave can be taken intermittently, if the employer and employee both agree on the arrangement.

·        An employer may require certification of the health condition by a health care provider.

·        An employer can require that vacation or sick days be used at the beginning of the leave.

 

The Family and Medical Leave Act has enabled many family members to take an extended period of time off from work to attend to their loved ones with ALS, without putting their jobs at risk.

 

 

Income Issues

 

SHORT OR LONG-TERM DISABILITY POLICIES

Having a diagnosis of ALS does not automatically mean you are disabled and should stop working. You may choose to work as long as you are able. If you find you are no longer able to work because of your physical limitations, you may be eligible for short or long-term disability benefits from your employer. A handful of people have private disability insurance. To activate benefits you will need a doctor to verify your diagnosis and limitations.

 

SOCIAL SECURITY DISABILITY

To be eligible for Social Security Disability, you must be “covered” under the Social Security program. The number of quarters an individual needs to have paid FICA taxes, as an employee or self-employed individual, depends on the type of benefit an individual is applying for and their age when making the initial application.

 

Under the Social Security Disability Program, there is usually a five-month waiting period for disability payment after the established onset of your disability. You cannot apply in advance to offset the waiting period, even if you had physical limitations prior to leaving your job. Disability is awarded when a person is unable to work because of his/her symptoms. You are not considered disabled by the Social Security Administration until the day you stop working. You may apply for your disability benefits at this point.

 

The amount of your monthly disability benefit is based on your lifetime average earnings covered under Social Security. That information is available to you at any time. Just call Social Security and ask the representative to send you the Personal Earnings and Benefit Estimate Statement form; provide the information requested and send it back. Subsequently, the details about your personal Social Security benefits will be sent to you. By requesting this information, you will eliminate any uncertainty and be able to plan your financial future.

 

When you apply, you will be asked for the following information:

the names, addresses, and phone numbers of all the doctors, hospitals, clinics, and institutions that cared or are currently caring for you; the dates of treatment; a summary of where you worked in the past 15 years and the kind of job you did; a copy of your W-2 Form or, if you are self-employed, your federal tax return for the past year. You must include the Social Security number and proof of age for each person applying for payment,

including your spouse and children, because certain members of your family may qualify for Social Security benefits under your coverage.

Be sure to submit your medical records along with a list of the medications you are currently taking. In addition, clearly explain the type of work you were doing prior to becoming disabled and why you can no longer do it. All of this information is needed to establish a valid claim.

 

Eligibility criteria for Social Security Disability may be different for those with private or employer group-sponsored disability plans. The fact that you qualify for disability elsewhere does not mean you will be eligible for Social Security Disability. For more information about disability benefits or to schedule an appointment at your local Social Security office, call the nationwide toll-free number, 1(800) 772-1213. A helpful resource for free information and suggestions regarding Social Security Disability, contact the A.C.C.E.S.S. Program at 1-888-700-7010.

 

A.C.C.E.S.S. is a free program to help people with ALS (and certain other diseases) to apply for and obtain Social Security Disability and Medicare insurance benefits. Effective July 1, 2001, people with ALS who are under 65 years and who have been approved for Social Security Disability will automatically become eligible for Medicare benefits after the five-month waiting period. The 24-month waiting period for Medicare eligibility no longer applies to people with ALS.

 

SUPPLEMENTAL SECURITY INCOME (SSI)

 

SSI is a needs-based program for those who are disabled (or 65 or older or blind) and who have low income. It is a federal program which is supplemented differently in each state. SSI adds to other income you may have in order to raise your earnings to what is considered the subsistence level in your state.

Individuals who apply for Social Security Disability are automatically screened for SSI. In the event that Social Security decides that the applicant is eligible for SSI, you should ask about the possibility of a “Presumptive Disability Decision.” This action potentially could get SSI benefits for you more quickly. During the interview at the Social Security office or by phone, ask for a presumptive decision under Section G or E, since it is not always considered routinely and your requesting it may expedite your claim. People

who get SSI also may be eligible for food stamps and health insurance called Medicaid or Medical Assistance. For more information about SSI, contact your local welfare office, board of assistance, or Social Security office.

 

Benefit Issues and Options

 

EMPLOYER GROUP HEALTH PLAN

If you are still employed, you will want to check with your employer’s benefits office to get information about your group health plan. If you stop working because of your disability, you will want to review your COBRA coverage (see next page), and find out how much it will cost you to continue the benefit. It is usually best to say “yes” to COBRA. Some employees may be eligible for a retirement or disability package that enables coverage

to continue indefinitely at minimal cost (not to be confused with COBRA).

Larger companies may offer several insurance plans, and each year you may have the option to switch without penalty. During these open-enrollment periods, you may investigate other plans and determine if another policy would offer more comprehensive coverage for the items you need — paying particular attention to DME, home health care, and prescriptions.

 

The Health Insurance Portability and Accountability Act (HIPAA) of 1996 offers protection for many people with ALS who are still working. This law covers portability and continuity of health care insurance and includes consideration for preexisting conditions, special enrollment rights and discrimination protection. For more specific information, visit the HIPAA web site at

www.dol.gov/dol/topic/health-plans/portability.htm

 

CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT (COBRA) OF 1985

Depending on the company’s size and your state’s insurance regulations,

you may be able to maintain your group coverage for a time after you leave your job as provided by COBRA (the Consolidated Omnibus Budget Reconciliation Act of 1985). If you worked for a business with 20 or more employees, COBRA entitles you and your dependents to continued coverage for at least 18 months under your former employer’s plan.

 

If you are insured through your spouse’s plan at work and your spouse dies, you become divorced or separated, or your spouse becomes eligible for Medicare, COBRA provides coverage up to 36 months. You can lose this benefit if you do not pay the premiums; you become eligible for Medicare, your employer discontinues health insurance for all employees, or you join

another plan.

 

If you are not eligible for COBRA because your former employer has fewer than 20 workers or is a church organization, you still may have some protection under state laws. If your state provides for continuation of benefits, you may be able to stay on your employer’s group policy for as little as three months in some states or as long as 18 months in others. Review the COBRA guideline with the representative at your employer’s staff benefits office. The A.C.C.E.S.S. program can also advise you about

COBRA. For additional information visit the web site at www.dol.gov/dol/topic/health-plans/cobra.htm

 

MEDICARE

 

Medicare is a federal health insurance program for people 65 or older and for certain disabled persons under 65. It is run by the Centers for Medicare and Medical Services (CMS). If you are under 65, you may be eligible to receive Medicare benefits.

 

Check with Social Security to see if you have worked long enough to be eligible under these programs. People with ALS who are under 65 may become eligible for Medicare if they are disabled and are approved for Social Security Disability (SSD) benefits. A five-month waiting period for disability payments and Medicare eligibility is required once SSD is approved.

 

Medicare is made up of Part A — hospital insurance, and Part B —

medical insurance. Part A has deductibles and coinsurances and pays for 1) inpatient hospital care;

2) inpatient care in a skilled nursing facility, following a three-day hospital stay;

3) home health care and

4) hospice.

 

There is a limit on how many days of hospital or skilled nursing care Medicare will pay for in each benefit period; it does not pay for nursing home care that is considered primarily custodial. If you become eligible for

Medicare, you cannot waive the Part A coverage. It is not optional. Medicare eligibility may create an impact on other health insurance plans you may have. For guidance regarding how your eligibility for Medicare impacts your current insurance, contact your State Health Insurance Counseling and Assistance Program (SHIP), which provides free insurance counseling to individuals eligible for Medicare. For the SHIP nearest you, call 1-800-677-1116 Partnerships

 

Part B is optional, and a monthly premium can be deducted automatically from Social Security payments. An annual deductible must be met before payments begin, and a co-payment of 20% is required in most cases. Medicare Part B helps pay for:

1) a doctor’s services;

2) outpatient hospital care;

3) diagnostic tests;

4) DME;

5) ambulance services (strict criteria for coverage) and

6) many other health services and supplies that are not covered by Medicare Part A.

 

MEDICARE HMOS

 

Many Medicare beneficiaries have joined managed care plans — prepaid, coordinated care programs, most of which are HMOs (health maintenance organizations). Managed care plans focus on the relationship between the patient and the primary care physician, whereby the doctor authorizes, arranges for, and coordinates all services. Such plans may offer benefits not

covered by Medicare, at little or no additional cost, including preventive care, prescription drugs, dental care, hearing aids, and eyeglasses.

 

The criteria for joining a Medicare HMO are enrollment in Medicare Part B and continued payment of that premium and residence in the plan’s service area. Individuals in hospice care or who have end-stage renal disease are not eligible. If you enroll in a managed care plan, usually you will be required to get all services through that plan. In most cases, care not authorized by the HMO will not be covered through the plan or Medicare.

 

When you join an HMO, be sure to read your membership materials

thoroughly to learn your rights and coverage. Also verify that your ALS care team participates in the HMO.

 

MEDICARE AND OTHER INSURANCE

 

If you are considering buying a private insurance policy to supplement Medicare, shop carefully. Available at your state insurance department is the “Shopper’s Guide to Long-Term Care Insurance,” produced by the National Association of Insurance Commissioners (NAIC). You can get a copy at http://www.ltcfeds.com/documents/files/NAIC_Shoppers_Guide.pdf

 

MEDICAID

 

SSI recipients may be eligible for Medicaid. Medicaid helps pay for doctors, hospital bills, medical equipment, medical supplies, prescriptions, home health care and nursing facility services. You can get more information about Medicaid at your local welfare or board of assistance office.

 

OTHER FUNDING SOURCES

 

The MDA/ALS Division is another source of funding. MDA assists with the purchase of wheelchairs, leg braces, communication devices, pays for equipment repairs, funds more than 230 multi-disciplinary clinics (and cover appointment costs for those who are uninsured or under insured), pays for transportation to clinic, provides annual PT and OT assessments, and has a national network of equipment loan closets. All of these services are provided nationally to persons with ALS, regardless of locality and thus are not dependent on individual chapters' guidelines. Please visit the web site at MDA ALS Division

I also highly recommend that anyone diagnosed with ALS be registered with MDA in order to receive the above-mentioned services as well as information about local support groups, educational seminars, community events, and to receive both the ALS Newsmagazine and Quest magazine.

Civic and religious organizations may offer some options of financial support, coordination of free or volunteer services, or limited financial grants. People with ALS who have ties to these organizations should consider using them.

For additional information contact your ALS Association chapter or call The ALS Association National Office Patient Services Department at 1-800-782-4747.

 

TAX DEDUCTIONS

 

"Anything you had to buy that your next-door neighbor didn’t have to buy is probably a tax deduction."

 

That’s the basic test that Armand Legault, a former auditor for the Connecticut Department of Revenue Services, advises taxpayers with neuromuscular diseases to apply to the question: "Is this deductible?"

 

Did you need extra electricity to run a BiPAP at night in 2003? Have to pay extra for an accessible van? Did you have to remodel your bathroom or build a ramp? Send your child to a special school? Hire someone to help you get dressed in the morning? Write it all off.

 

"If you had no choice in the matter, that’s the key," says Legault, who spent 33 years as a state tax auditor, and who now gives tax seminars for people with disabilities, certified public accountants (CPAs) and other tax preparers. Legault, of Newington, Conn., has spinal muscular atrophy and was MDA’s 1992 Personal Achievement Award winner for Connecticut.

 

Are most people with disabilities aware of the tax breaks they can claim?

"Oh gawd no!" laughs Legault. For example, he says, many working people with disabilities have no idea of the wealth of deductions available to them as "impairment-related work expenses." (See instructions in IRS Publication 502, listed in "Tax Help Resources.")

 

‘A Gold Mine’

As an incentive to keep people with disabilities working, the federal government allows full- and part-time workers to deduct un-reimbursed business expenses "that are necessary for you to work." To qualify, you must have an impairment "that substantially limits one or more of your major life activities, such as performing manual tasks, walking, speaking, breathing, learning and working."

These business deductions are more valuable than medical deductions because every penny is deductible, whereas medical expenses must exceed 7.5 percent of your adjusted gross income before they can be deducted. (Adjusted gross income, or AGI, is the total of your income, minus a few adjustments. It’s the figure listed on line 34 of your 1040 form.)

 

In addition, unlike standard business expenses, disability-related business expenses aren’t capped at 2 percent of AGI. This means, says Legault, "If it comes out of your pocket and it is required in order for you to be an employable person, you can deduct it as a non-reimbursed employee expense.”It’s a gold mine for people who are working." These deductible expenses include:

 

§         Home accessibility remodeling required for work, such as a roll-in shower or a lowered kitchen sink (because you can’t go to work dirty or hungry), or a ramp (because you can’t go to work if you can’t leave the house) The cost of a personal care attendant who helps you get ready for work or helps you at work

§         The un-reimbursed purchase, repair and maintenance of equipment necessary to get you up, out of the house and working productively, such as a lift, wheelchair, shower chair or BiPAP

§         The extra cost of electricity required by such equipment

§         The food, grooming and medical care costs of a service animal

§         Specially adapted work equipment you buy yourself, like a special computer keyboard

§         Meals and extra expenses for a live-in attendant. Although your meals aren’t deductible (your next-door neighbor has to buy food, too), if your live-in assistant helps you get ready for work in the morning and you provide breakfast as part of his or her compensation, the cost of that food is a business expense. Additional utility expenses also may be considered under this category. Legault had this arrangement with three live-in assistants before he retired.

                                          

Transportation costs can be a huge tax-saving bonanza for many disabled employees, amounting to several thousands of dollars in deductions. For example, if you drive a modified or accessible vehicle, you may deduct your daily mileage to and from work (currently 36 cents a mile, compared to 12 cents a mile for medical mileage).

You must be able to show that you can’t use some other form of transportation, like a regular car, bus or carpool, due to your disability (or because they’re not available).

 

(Another little-known fact: About 70 percent of states offer a break either on local property tax or vehicle license fees for accessible and modified vehicles, Legault notes.)

Even if you don’t drive, you can deduct the cost of hiring special transportation to get to work, such as an accessible van service.

You could even buy your own van and hire someone to drive you to and from work, and deduct the extra cost of the accessible vehicle, mileage and the cost of the driver, Legault says.

 

Gray Area

Legault warns, "Most CPAs and tax preparers are unaware of this whole thing. They only think in terms of medical deductions. No! This is better." One reason for the confusion is that impairment-related work expenses are a vague, gray area in the tax code. Legault, who supervised tax auditors for years, recommends making good use of the absence of strict definitions.

"If you can prove that you need it to work — that’s the key. Your doctor says you need it or you can show you can’t work without it — then take it [as a deduction]!"

He notes that, in the absence of clear definitions, IRS auditors aren’t on solid ground either. If you believe strongly that you deserve the deduction and aren’t taking advantage of the system, "argue that you’re an employee and you need this to work," he advises. "You’ll win."

 

Medical Deductions

If you’re unemployed, or if the person with neuromuscular disease is your child, spouse or dependent, then you’re looking for medical rather than business deductions.

 

You may deduct out-of-pocket, un-reimbursed medical expenses that exceed 7.5 percent of your adjusted gross income. For example, if your AGI is $30,000, and you had $5,000 in medical expenses, you may deduct expenses over $2,250 (7.5 percent of AGI), leaving you $2,750 in deductions. These expenses must relate to the "diagnosis, cure, mitigation, treatment or prevention of disease."

Medical deductions include such standard items as:

 

§         health insurance premiums

§         prescription and doctor or therapy costs not covered by insurance (un-reimbursed)

§         medical equipment purchase or repair

§         home accessibility remodeling

§         transportation and lodging costs for approved medical or therapy appointments.

 

Providing you meet the requirements outlined by the IRS and have proper documentation from a physician, the following also count as medical expenses:

 

§         The extra cost of electricity and/or batteries for lifts, wheelchairs and respiratory equipment, as well as maintenance costs for these items

§         The extra cost of a wheelchair-accessible vehicle (compared to a standard vehicle), or the cost of modifying an existing vehicle

§         Transportation and admission to conferences specifically about your disease (but not meals and lodgings)

§         Expenses for an acupuncturist or Christian Science practitioner

§         Un-reimbursed plumbing modifications made on a home you rent (i.e., installing a roll-in shower)

§         Some special education costs, such as a tutor specializing in learning disabilities caused by a medical condition, or the cost of a special school that provides medical care

§         Yard and housework expenses for chronically ill individuals (those who need help with at least two activities of daily living, such as eating, toileting, transferring, bathing or dressing)

§         Higher expenses due to having a live-in attendant, such as the increased rent of a two-bedroom apartment, or higher utility or food costs

§         The cost of acquiring, feeding and caring for a service animal

§         The extra costs of a doctor-prescribed special diet or feeding tube formula

§         The cost of nonprescription supplements recommended by a doctor (such as coenzyme Q10), providing they’re prescribed specifically to treat your condition and not just for general health

§         The cost of a swimming pool, providing you have a doctor’s prescription and can justify that the pool is mainly for therapeutic use

§         Personal attendant care services

 

 

Attendant Care Expenses: Credit or Deduction?

If attendant care costs are for a child, spouse or other non-employed dependent, taxpayers have two choices: Claim the cost as a medical deduction or take a child/dependent care credit (see IRS Publication 503).

 

A deduction lowers the amount of income on which you’re taxed, indirectly lowering your taxes. A credit is a direct dollar-for-dollar reduction in tax — e.g., a $100 credit lowers your tax $100.

 

You can claim attendant care expenses as either a credit or a medical deduction, but not both. (However, if you choose the credit, any attendant care costs in excess of the credit’s limits may be claimed as medical deductions.)

 

To qualify for the child/dependent care credit, the care recipient must be a child under 13 or someone unable to either physically or mentally care for himself without attendant care. In addition, the care must be provided so that the taxpayer(s) can work or look for work. The credit ranges from 20 percent to 35 percent of expenses, up to $3,000 a year ($6,000 for two or more qualifying people).

 

In general terms, a credit is better than a medical deduction. But because tax savings vary depending on a variety of factors, especially the income of the taxpayer, do the math to see which approach would save you more.

 

Back It Up

Keep all relevant prescriptions, doctors’ letters, receipts, credit card statements and cancelled checks. Make sure prescriptions specify that the expense is to mitigate the effects of your neuromuscular disease, not just for general health.

 

If you’re claiming the cost of an item such as extra electricity or food, be sure to have receipts and records that show the price discrepancy. You don’t need to turn these in to the IRS, but should keep them on file in case you’re challenged.

If you missed taking a deduction or credit in a previous year, you can file an amended tax return for up to three years after the purchase, using IRS Form 1040X.

 

Explore all your tax options, Legault recommends. Don’t assume professional tax preparers are aware of all deductions available to you; carefully outline the specifics of your unique situation for them — and don’t be afraid to do your own taxes.

Not every taxpayer affected by a neuromuscular disease can benefit from tax deductions, but it’s a shame to miss out if you’re eligible, he says.

"It’s due you. Why should you have to buy this expensive van or wheelchair that your neighbor doesn’t have to buy? Fight for your cause!"

 

What Is a Tax Deduction?

A tax deduction is any expense a taxpayer is legally allowed to subtract from his or her taxable income. The smaller your taxable income, the less money you owe in taxes.

 

You can deduct such items as: state and local taxes, charitable contributions, mortgage interest payments, and business and medical expenses.

The government automatically allows each taxpayer a standard deduction, which in 2003 is $4,750 for a single person and $9,500 for those who are married and filing jointly.

 

In order to benefit from itemized tax deductions, they must add up to more than your standard deduction. Otherwise, it’s wiser to just take the standard deduction.

 

                         

IRS Publications

These publications are available online at www.irs.gov or by calling (800) 829-3676.

Medical and Dental Expenses, Publication 502 outlines what is and isn’t deductible as a medical expense or impairment-related work expense.

Tax Highlights for Persons with Disabilities, Publication 907 gives a brief introduction to tax laws of interest to people with disabilities and caregivers.

Child and Dependent Care Expenses, Publication 503 tells who qualifies and how to figure and claim this credit.

Credit for the Elderly or the Disabled, Publication 524 outlines who is eligible for this credit, and how to determine and claim it.

 

Internal Revenue Service Programs (800) 829-1040

Tax Counseling for the Elderly (TCE) and Volunteer Income Tax Assistance (VITA) provide free federal, state and local income tax assistance for lower-income, elderly and disabled taxpayers.

 

Taxpayers with incomes under $60,000 may take advantage of the service, provided their returns are "simple." Volunteers are trained to prepare basic forms and forms claiming credits such as the earned-income credit and the child credit.

AARP Tax-Aide (888)227-7669 www.aarp.org/taxaide 

This free program operates under a cooperative agreement with the IRS. It’s available to help prepare tax returns and answer questions for people of all ages with middle and low incomes, with a special emphasis on those over 60.

Volunteers are trained and certified by the IRS and are stationed at more than 10,000 sites around the country. Home visits also are available.

The program is available from Feb. 1 through April 15.

 

 

The Last Word

 

Help is out there. You may need to be persistent and explore various

government programs and community resources. Remember, make the following your overall motto:

 

Ask Questions.

Assume Nothing.

Don’t Take “No” for an Answer.

 

Your advocacy efforts will help you identify community, state, and national resources, while at the same time minimize your out-of-pocket expenses associated with ALS.