Seniors Benefit from the Affordable Care Act!

The Affordable Care Act, or ACA, referred to by some as Obama Care, provides some fabulous benefits for seniors!

Given that the Affordable Care Act, or ACA, has been upheld by the Supreme Court, seniors are in position to benefit much more on healthcare options.

The goal of ACA is to expand the healthcare options for all Americans - but with regards to seniors, your choices are much more "expandable." For instance, the majority of the guaranteed benefits under Medicare Parts A and Part B will be expanded...and none will be reduced.

• A provision that could very well bring instant benefits is help with the Medicare Part D "donut hole," in the form of a $250 rebate.

The really great aspect of this added benefit is that if you qualify, you don't need to do anything at all to get your check; it comes automatically. Once a senior reaches their donut hole, they will receive a 50% discount on brand-name prescription drugs, and a 7% on generic drugs. If a senior is on Medicare, then they will be eligible for a free annual wellness exam.

Medicare Advantage plans must offer identical benefits provided under Medicare Parts A and B; such plans will continue to lower your out-of-pocket expenses for specific expensive services, and if you need extensive care. The ACA will ultimately lower payments to Medicare Advantage plans from the existing 14% profit-over-costs to 1% profit, with bonus payments to those plans with high ratings.

• In case you are considering a Medicare Advantage Plan, search for one that has been operating for at least five years and that has received a high rating from Medicare.

Almost all seniors would rather receive medical care at home than living in a nursing home or skilled nursing facility (SNF). The ACA will provide monetary incentives to states offering assistance for those seniors to stay at home.  So if your state is considering not accepting funds from the federal government, you may want to contact your Governor and ask her or she, "Why Not?"

Wealthier seniors that have income in excess of specific amounts, will still need to pay more for Medicare Part B, in addition to Part D. In addition, seniors who are in this better financial position will be required to pay a higher Medicare tax rate that will now include unearned income from investments.

The ACA can be hard to understand. It's a mixture of medical jargon and legalese.

• What the ACA does not do is eliminate the necessity to plan in advance for long-term care.

The only professional who can certainly assist you in coordinating a plan to pay for your long term costs and understands the consequences of this law is an Elder Law Attorney.

I have dedicated my practice to serving the needs of seniors and their families with the legal issues that arise as one grows older. I will speak with you personally at no charge to listen to your concerns and let you know if I can help.

Give me a call at 619-800-6820.

Best Regards,
Vincent M. Casiano, Esq.
Elder Law Attorney

Medicare Savings on Prescription Drugs for Seniors as a Result of the Affordable Care Act

According to the Centers for Medicare and Medicaid Services More than 5.2 million Medicare beneficiaries have saved a total of $3.7 billion on their prescription drugs since the health care reform law (a.k.a. Affordable Care Act a.k.a. "Obama Care") went into effect.   The Affordable Care Act—also known as health care reform—which passed in 2010, required financial assistance for seniors who fall into Medicare's so-called "donut hole." As a result of health care reform, Medicare beneficiaries who fell into the donut hole in 2010 received $250 as a one-time, tax-free rebate to help pay for their prescription drugs. Even more relief came into effect in 2011 as the law also required that those Medicare beneficiaries who fell into the donut hole because of high prescription drug costs should receive a 50 percent discount on covered brand-name drugs, and 7 percent coverage of generics.

See CNN Article: http://money.cnn.com/2012/06/25/pf/health-reform-medicare/

Polls show that more Americans are opposed to the Affordable Care Act than those that approve it.  Some commentators claim this is because opponents have spent 235 Million dollars in ads criticizing the law where only 69 Million has been spent in ads supporting the law. 

See New York Times Report: http://www.nytimes.com/2012/06/21/health/policy/health-care-law-loses-ad-war.html?_r=1&em

On the other hand see the benefits of the law: http://www.whitehouse.gov/the-press-office/2012/03/23/new-report-affordable-care-act-gives-americans-more-security-better-bene
The nation eagerly await the Supreme Court's decision regarding the constitutional challenges initiatedby Republicans and conservatives alike. The Affordable Care Act has an "Individual Mandate" that requires everyone to have insurance coverage or they will be fined. Provisions are included in the Act to subsidize insurance coverage for those who can afford it. The rationale behind this is that everyone has a basic right to healthcareand that it will be less costly if everyone is covered. Opponents claim that the requirement force people to buy an insurance policy is unconstitutional and that the federal government does not have the right to force people to do this. However, the commerce clause, has been used in scores of cases as a constitutional basis for the federal government to enact laws where the economic affect of the law crosses state lines.


Attorney Casiano founded the Casiano law firm in San Diego Elder Law and Estate Planning Firm to serve the needs of seniors and their families with the complex legal issues that arise as one grows older.  If you have any questions regarding your Medicare, Medicaid, or Medi-Cal coverage, feel free to give "Vinny" a call at 619-800-6820 and he will speak to you at no charge to see if he can assist you.