ARTICLES / Children / When
It's a Child's Turn to Take Care of... /
Other ArticlesBy David Cutner
Second, the caregiver’s duties and
responsibilities should not duplicate the services
that are being provided to the elderly person by a
nursing home, or a home care aide. The types
of services that are generally acceptable are those
provided by geriatric care managers; for example,
paying bills, managing finances, providing
transportation, managing social activities,
providing companionship, among others. Also,
it may be difficult to get Medicaid to accept the
Caregiver Agreement if you have been performing the
same services without being paid.
Third, if the Caregiver Agreement provides for a
lump sum payment, it must be calculated with
reference to the life expectancy of the Medicaid
applicant. Obviously, the term of the
agreement cannot exceed the applicant’s life
expectancy. In most states, the Social
Security Administration’s life expectancy tables may
be used for this purpose.
Fourth, the Caregiver Agreement should
provide that the caregiver will pay to Medicaid any
unearned portion of a lump sum payment that the
caregiver received if he or she becomes unable to
fulfill his or her duties under the agreement or if
the Medicaid applicant dies before his or her
calculated life expectancy.
Fifth, the agreement must be irrevocable and
non-assignable.
Finally, the Caregiver Agreement cannot
stipulate that services will be provided on an “as
needed” basis. Rather, the agreement must
specifically state the average number of hours to be
provided each week. The caregiver should keep
detailed logs of all services provided, and, as a
best practice, actually render invoices for such
services.
The use of Caregiver Agreements has significantly
increased in recent years because these agreements
can be an excellent solution for avoiding a Medicaid
penalty, while providing a caregiver with fair
compensation for his or her services. Because
of Medicaid’s strict policies and ever-changing
rules and regulations, you may want to consult with
an Elder Law attorney in your local area before
entering into a Caregiver Agreement.
David Cutner has
practiced law for more than 35 years in New York
City, and is a founding partner of Lamson Cutner,
P.C., a leading Manhattan Elder Law firm. Mr.
Cutner is the author of numerous published special
reports and articles on Elder Law topics, a frequent
public speaker at nursing homes, hospitals, senior
centers, and other organizations, and a regular
guest on the “Health Talk” radio show on WMCA 570 AM
in New York and on the Internet. Mr. Cutner is
well-known as an experienced and compassionate
advocate for the elderly and disabled. For more
information regarding Mr. Cutner and his firm, see
www.lamson-cutner.com
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