The Basics of Long-Term Care |
What Is Long-Term Care? The term "long-term care" refers to the type of medical or personal are services you need if you become unable to care for yourself because of chronic illness, disability, loss of functional capacity, or cognitive impairment. Long-term care is different from traditional medical care. Traditional medical care treats physical problems directly in an attempt to permanently cure or control them. Long-term care services help a person maintain his or her ability to function, perform normal daily activities, or maintain a normal lifestyle. Who Needs Long-Term Care? If you become physically or mentally unable to perform normal daily activities such as eating, bathing, dressing, and walking, you may need professional long-term care services to assist you. Where Are Long-Term Care Services Provided? The phrase "long-term care" refers to a variety of private and semi-private care services, including personal assistance or skilled care provided in
How Much Do Long-Term Care Services Cost? The average cost of a nursing home stay may range from $30,000 to more than $50,000 per year. Depending on the services needed and the costs in your area, average daily rates might range from $90 to more than $150 a day. The cost of home care is harder to estimate because of the wide range of skilled and personal assistance services it includes. Skilled services like nursing or physical therapy generally cost more than unskilled homemaker or personal care services. Even when skilled services are required, however, home care services are normally less expensive than services in a nursing facility. Because available services and costs vary, you should call local nursing care facilities and home care service organizations in your area to learn the kinds of services they offer and their costs. Who Pays for Long-Term Care? In Texas, most nursing home expenses are paid by Medicaid, a state and federal assistance program for eligible low-income Texans. The rest are paid out-of-pocket by individuals or through long-term care insurance. To receive Medicaid, you must meet state and federal guidelines for income and assets. Many people must pay for long-term care out of their own pockets until their assets shrink enough for them to become eligible for Medicaid. This is called "spending down" your assets. Medicare, a federal program which pays for health care for people over age 65 and for some people under age 65 with disabilities, covers the cost of some skilled care in approved nursing homes or in your home, but only in certain situations.
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Should You Buy Long-Term Care Insurance? | ||||||||||||||
Long-term care insurance helps protect your assets against the potentially catastrophic cost of extended long-term care. But long-term care insurance usually makes sense only if you have significant assets to protect other than your home, car, and a small amount of cash. If you do not have significant assets, you may have to "spend down" to qualify for Medicaid and pay for long-term care. For many people, long-term care insurance may be too expensive, or the benefits you can afford might be inadequate to pay the full cost of your care. It's probably not a good idea to buy a long-term care policy if you have trouble stretching your income to pay for utilities, food, or medicine. (See "Financial Considerations.") Only you, or you and a trusted financial advisor, can determine whether your personal assets, income, family situation, and personal risk factors justify the expense of long-term care insurance coverage. |
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Risk Factors that May Help You Decide if You Need Long-Term Care Insurance | ||||||||||||||
Your likelihood of needing long-term care might be affected by these factors:
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What Kinds of Long-Term Care Policies Are Available? | ||||||||||||||
Long-term care insurance policies are not standardized like Medicare supplement insurance. Companies offer long-term care policies with many combinations of benefits and coverages. Each policy is different. To buy effective and affordable long-term care coverage, you must decide what combination of benefits, services, and costs best fit your personal needs. In Texas, the most common benefits in long-term care policies are nursing home care, home health care, and adult day care. Care must be received in licensed nursing facilities or through licensed home health or adult day care agencies. There are several types of policies. You can buy an individual long-term care policy, coverage under a group policy sponsored by your employer, or a policy offered to members of associations or professional organizations. In some instances, you could be covered by your children's group policy. In Texas, the majority of long-term care policies sold are individual policies. Most of these are sold through insurance agents, but some companies also sell by direct mail or telephone. This booklet primarily addresses individual policies. |
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Tax Qualified Long-Term Care Plans | ||||||||||||||
The Health Insurance Portability and Accountability Act (HIPAA) gives favorable tax treatment for "qualified" long-term care insurance policies.
All policies sold on or after January 1, 1997, must be identified as either tax qualified or non-tax qualified. All policies sold before January 1, l997, are automatically "qualified." How Do I Identify a Tax Qualified Plan? Look for a statement on your policy similar to this: "This policy is intended to be a qualified long-term care insurance contract as defined by the Internal Revenue Code of 1986, Section 7702B( b)." You should consult with an attorney, accountant, or tax advisor regarding the tax implications of purchasing long-term care insurance. How Do I Qualify for the Tax Deduction? To claim a tax deduction for long-term care premium payments, your out-of-pocket medical expenses, including the long-term care premiums, must be more than 7.5 percent of your adjusted gross income. The maximum amount of long-term care premium you can deduct depends on your age at the end of each tax year, as shown below. Limits on Long-Term Care Premium Deduction
To be tax qualified, a policy sold on or after January 1, 1997, must follow these "benefit eligibility" requirements:
Policies sold before January 1, 1997, are automatically tax qualified and are not affected by the above requirements. |
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Non-Tax Qualified Long-Term Care Plans | ||||||||||||||
Non-tax qualified plans, bought on or after January 1, 1997, are not tax deductible. Benefits paid to you under a non-tax qualified long-term care plan may be considered taxable income. Buying a non-tax qualified plan could increase your tax liability and reduce the value of the benefits. Before buying a long-term care policy, you should consult with a tax advisor regarding these provisions. The minimum "benefit eligibility" requirements for non-tax qualified plans are the inability to perform two of six ADLs. However, some plans may offer benefit eligibility requirements that are more favorable. For example, a policy might only require that you be unable to perform one of six ADLs, instead of two out of six, to qualify for benefits. When you buy a policy, consider the factors you believe will best suit your future needs. |
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How Are Long-Term Care Services Covered? | ||||||||||||||
It is important to know how services are covered under your long-term care policy. The type of facility and care you receive determine whether your insurance company will pay for your care. Long-term care policies may pay for several major types of care in licensed facilities or through licensed agencies. Many policies cover skilled nursing care and personal assistance care in your home. Many also pay for daytime care in an adult day-care facility. Some policies also offer other types of coverage, such as hospice care, respite care, care coordination, and care received in other listed facilities. Check any policy you are considering against the following services to make sure it offers the benefits you think you might need
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Benefit Eligibility Triggers | ||||||||||||||
Your policy must provide coverage for long-term care services listed in the policy if you are unable to perform the specified number of ADLs or if you require supervision and services due to "cognitive impairment."
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What Long-Term Care Policies Do Not Cover | ||||||||||||||
Texas law allows long-term care insurance policies to exclude coverage for some conditions. Some conditions may be excluded for a limited period of time, while other conditions may be completely excluded from coverage.
Standard Policy Exclusions Texas long-term care policies may exclude coverage for conditions resulting from
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Purchasing a Long-Term Care Plan that Fits Your Needs and Your Budget | ||||||||||||||
There are many variables you should consider before buying a long-term care policy. Your policy should meet your possible future needs, but still fit your budget. Your choices about basic benefit features, the level of benefits, the elimination period, as well as the number of ADLs you are unable to perform will determine your premium. Your health at the time of the application will also affect your premium. The following lists typical benefit ranges for nursing home coverage:
Types of Daily Benefit Payments Generally, policies pay benefits using either an "actual expenses incurred" or an "indemnity" basis. An expense incurred policy pays the charges when you receive eligible services. For example, assume you have a policy with a daily benefit of $70, and the nursing home charges only $65 per day. An expense incurred policy will pay only $65 per day since the actual charge is less than the $70 daily benefit. An indemnity policy pays a set daily benefit, without regard to cost of the services you receive. For example, if your policy is an indemnity policy with a $70 daily benefit and the nursing home charges only $65 per day, the policies will still pay $70 per day. For either policy, benefits will be paid to you, or you may "assign" your benefits to be paid directly to the nursing home or other provider. Check Prices and Costs It's important to know how much nursing facilities in your area charge before you select a benefit amount. You should contact several local nursing facilities, home health care agencies, and adult daycare facilities to determine the current price range for daily care. Types of Policies Companies May Offer Companies selling long-term care policies must offer a policy that provides payment of benefits based on your inability to perform two ADLs and cognitive impairment. Separately, companies may offer a policy based on your inability to perform two ADLs, three ADLs, and cognitive impairment. Unless the coverage is offered through a group employer plan, a company cannot offer you a policy with benefits based on three ADLs unless it also offers coverage with benefits based on only two ADLs and cognitive impairment. You must either reject the two ADL and cognitive impairment policy in writing or acknowledge in writing that it was offered. Companies must provide a description of the premiums and benefits payable for two ADLs, three ADLs, and cognitive impairment in their long-term care marketing materials and applications, and in the policies themselves. Benefit Options Companies Must Offer All policies must offer certain optional features. These options also increase your premium. Inflation Protection In planning for your future health needs, it is important to keep in mind that it may be many years before you actually need long-term care services. During that period, costs for long-term care may increase significantly. If you buy a benefit that would pay average daily long-term care costs today, it may cover only a portion of the daily long-term care costs 10 or 20 years in the future. For example, a nursing home stay that now costs $90 a day could cost more than $180 a day in 10 years, according to some long-term care experts. Protection against inflation may be an important addition to your policy. But adding inflation protection to your policy will increase your premium. The amount of additional cost for inflation protection mostly depends on how old you are when you purchase the policy. The younger you are, the more important it is for you to consider adding inflation protection. Texas law requires companies to offer the option for you to buy inflation protection with a policy. If you decide not to buy inflation protection, you must reject the offer in writing. Inflation protection must be offered in at least one of the following three ways:
Nonforfeiture Benefits Companies must offer you the option to buy a guarantee that you will receive a percentage of the benefits you paid for if you later cancel or lose your coverage. This guarantee is called "nonforfeiture benefits." In most cases, the longer you pay premium on the policy, the larger the benefit percentage you keep if you later lose your policy. For example, if you paid premium on a long-term care policy with a nonforfeiture benefit for 10 years, and then cancelled it or lost it because of a drop in your income, you might get 50 percent of the daily benefit you bought if you need long-term care services in the future. Or, you might get a full daily benefit, but only for one-third or one-half as long as the original benefit period. A nonforfeiture benefit can add to a policy's premium, depending on factors such as your age at the time of purchase, the type of benefit offered, and whether the policy provides for inflation protection. The premium increase may be significant. Methods vary for determining the type and amount of nonforfeiture benefits you receive. Each method has a different cost. The methods are different in policies with attained age rating (premium goes up as you age). In these policies, the benefit must begin on the earlier of the end of the 10th year after the policy issue date or the end of the second year after the date the policy is no longer subject to attained age rating. (The latter event would occur only if the policy changes from attained age rating to normal rating after a certain number of years.)
Other Optional Benefits
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Alternative Long-Term Care Coverages | ||||||||||||||
If you have life insurance, you may be able to fund long-term care expenses through an accelerated death benefit, a viatical settlement, or a life settlement. An accelerated death benefit is a payment of all or part of a life insurance policy's death benefit before you die. If your life insurance policy contains this type of benefit, you can receive an early benefit payment based on your need for long-term care services, with the same benefit eligibility requirements as a long-term care policy. It can also be paid for a specified disease (a disease or condition likely to cause permanent disability or premature death, such as AIDS or cancer) or a terminal illness (a disease likely to reduce life expectancy to two years or less). The accelerated death benefit can be part of the life insurance policy or attached as a rider. An accelerated death benefit may be either tax qualified or non-tax qualified. To be tax qualified, benefits must be paid for a terminal illness when your life expectancy is two years or less or for a "qualified long-term care illness." (See "Tax Qualified Long-Term Care Plans.") If you have a catastrophic or life-threatening illness or condition, you can sell your policy for a cash payment that is a percentage of the policy's death benefit. The buyer becomes the policy owner, pays the premiums and collects the policy's benefit upon your death. This is called a viatical settlement. A viatical settlement may be either tax qualified or non-tax qualified. A viatical settlement is tax qualified if your life expectancy is two years or less or you use the proceeds to pay for expenses incurred for a "qualified long-term care illness." (See "Tax Qualified Long-Term Care Plans.") In both cases, the viatical settlement company and broker must be registered in Texas. You may be able to sell your life insurance policy even if you do not have a terminal illness. This is called a life settlement. You can get a list of registered viatical or life settlement companies and brokers by calling the Texas Department of Insurance (TDI) Consumer Help Line
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How Do I Qualify for Coverage? | ||||||||||||||
Companies selling long-term care insurance underwrite their coverage. That means they look at your current health status and health history and issue a policy only if you meet the guidelines established by the company. Some companies ask only a few questions about your health. Others ask for more details, examine your current medical records, ask for a health statement from your doctor, or require you to take a physical exam. Answer all health questions as truthfully and thoroughly as possible. If a company later learns you did not fully disclose your health status on the application, it could refuse to pay your claim or cancel your policy. |
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How Is My Premium Determined? | ||||||||||||||
Insurance companies determine long-term care premiums based on several factors. Some of these include
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Can My Company Cancel or Non-Renew My Policy? | ||||||||||||||
Long-term care policies are "guaranteed renewable" or "noncancellable." Guaranteed renewable means that the company must renew your policy each year unless you deliberately lied about your health status in your application, you failed to pay your premiums, or your benefits have been exhausted. Companies also cannot make any other changes in your policy unless you request them. The company can, however, raise premium rates on guaranteed renewable policies. Noncancellable means the company must renew your policy each year or until your benefits have been exhausted. Companies cannot make any other changes in your policy or raise your premium. After a policy has been in force for two years, a company cannot cancel it or refuse to pay claims because of misstatements in the application. The company can cancel or deny claims, however, if you made misstatements in the application that were fraudulent. You have the right to cancel your long-term care policy at any time by providing notice to the insurance company. The company must return any unearned premium to you. |
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Can I Lose My Policy if I Am Mentally or Physically Unable to Pay My Premiums? | ||||||||||||||
There are protections to keep you from losing your policy if you did not pay your premiums because you were incapacitated due to Alzheimer's disease or other causes. The insurance company is required to ask you at the time of purchase to designate another person who also will receive notice that your long-term care policy is about to lapse (be canceled) because you have not paid the premium. This is called third-party notification. The other person can be a relative, friend, or a professional, such as your lawyer or accountant. The insurance company must notify you and the person you designate at least 30 days before the policy lapses. The notice may not be sent by the company until 30 days after the premium is due and not paid. You may want to consider paying your long-term care policy premiums by automatic bank draft. However, when you have your account drafted for your premiums, you must notify the insurance company and the bank in writing to stop the withdrawals when you no longer want the policy or you want to change the method of payment.
If your policy is canceled for nonpayment of premiums, the insurer must reinstate it if you send proof within five months of the cancellation date that you failed to pay premiums because of your mental or physical impairment. The company can require you to pay back premium to the date the policy lapsed. |
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Comparing and Analyzing Policies | ||||||||||||||
Before you buy a long-term care policy, ask your agent:
Outline of coverage: An agent or company is required to give you an outline of coverage when offering a long-term care policy. This outline is a short description of all the policy's features, benefits, limitations, and exclusions. If you are offered a policy that includes coverage with benefits based on three ADLs, the policy will include a description of the benefits payable for two ADLs, three ADLs, and cognitive impairment. The company must also include this description in its marketing materials and applications for these types ofpolicies. Use the outline of coverage to help you compare policies. Benefit levels: Companies must offer policies with benefits payable for your inability to perform two ADLs and cognitive impairment only, and may offer a separate policy with benefits payable for the inability to perform two ADLs, three ADLs, and cognitive impairment. If you're considering a policy with a three ADL benefit level, remember that it will be more difficult to reach the three ADL level. Balance the difference in cost for these policies against the greater difficulty in reaching the trigger for the benefits to be payable. Free look: Insurance companies must give you at least 30 days to look over your long-term care policy after you receive it. This is called a "free look" period. Be sure your policy says what you think you purchased. If you decide to return the policy within the 30 days, you will get a full refund of any premium paid. It's a good idea to use certified mail so you will have proof you returned the policy. Be sure to keep a copy of everything you return. |
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Replacing a Policy | ||||||||||||||
If you are thinking about replacing a long-term care policy, you should consider several things. Determine how your current policy differs from the new one. Your current policy might contain benefit limitations that are no longer allowed. It also might not contain benefits that must be offered in new policies. Older policies could include the following limitations:
You should compare all the benefits of your policy to any new policy you are considering. Remember, however, that a new policy with better benefits may cost significantly more than your current policy. Also, if you bought your current policy before January 1, 1997, you may be able to deduct your premiums when filing your income tax return. You may not be able to with a newer policy.
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Shopping Tips | ||||||||||||||
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Financial Considerations | ||||||||||||||
To help you decide if a long-term care policy is right for you, consider the following questions about your personal financial situation. You may want to seek help from a trusted personal or professional financial advisor. Your Income
Policy Costs
General Questions
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Helpful Telephone Numbers | ||||||||||||||
Social Security Administration Toll-free Hot Line (questions about
Medicare enrollment and eligibility and requests for the Medicare handbook) Texas Department of Health Medicaid Hot Line (questions about
Medicaid coverage) Texas Department on Aging Information and Referral Hot Line
(statewide services for senior citizens and where to find your
local Area Agency on Aging office) Texas Department of Human Services, Long-Term Care Hot Line
(questions about long-term care) Texas State Board of Medical Examiners
(questions about licensing and certification of doctors and complaints about care provided
in a doctor's office) Health Care Financing and Administration, Dallas
(questions about Medicare coverage policies and procedures) Texas Medical Foundation Beneficiary Hot Line
(questions or complaints about quality of care provided to Medicare beneficiaries or
requests for beneficiary newsletters) Blue Cross and Blue Shield of Texas Inc. (questions about Medicare
Part B coverage or claims and requests for Medicare participating providers) |
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For More Information | ||||||||||||||
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