Category: healthcare laws

All Older Americans Need a Durable Power of Attorney (DPOA)

So many times you hear a story about a family member or friend who is trying to arrange for the care, payment of services, or other needs for a loved one and the provider or business will not speak with them. This happens way more often than you might think, and it can happen fast.

Consider what could happen if your loved one, who currently lives an active life in their home, fell and required hospitalization, rehabilitation, and eventually long-term care. What if they become fragile, are heavily medicated, battling other illnesses, or they are on a downhill slide? How will you know that their preferences will be heard and acted on? Will they be at the mercy of a very broken, over-whelming and fragmented health care system, or will there be someone to step in and help make sure that their preferences are executed?

POA Is the CURE

A Power of Attorney (POA) is a legal document most commonly giving one person (the “agent”) power to act for another person (the “principal”) when the principal is not able to speak or make decisions for themselves. A POA that is not modified by the “principal” or overridden by a court lasts until the death of the principal. A POA can also be limited by the principal and grant the agent specific authority to execute a task like selling a car or property.

The agent is always expected to act in the principal’s best interest. Agents can have broad or limited legal authority to make decisions for and execute contracts for the principal about property, finances, medical care, and other issues. An agent cannot change the principal’s will, make decisions for the principal after death, or change the POA to another person or agent. Finally, although not common two or more people can have POA. The POA needs to be “Durable” to remain in effect after the principal becomes incapacitated or dies. If the POA does not specifically say it is durable the POA ends when the principal becomes incapacitated. It’s possible although not common to give two or more agents your POA.

Critical Tip: Third parties, especially banks and financial institutions, have frequently challenged the authority of an Agent using a POA. In these types of case the courts are used to order the third party to honor the POA.

OVERRIDING POA

When a POA is not acting in the principal’s interest, it may become necessary to override their authority. This is done by filing a petition in court challenging the agent. If the court finds the agent is not acting in the principal’s best interest, it can revoke the POA and appoint a Guardian.

Elder Law attorneys are very helpful when trying to understand how to execute and use a POA based on your circumstances. They often provide an initial consultation for no charge. Although free POA forms are available online there are many issues to consider. We recommend using a qualified, local attorney 100% of the time.  The National Academy of Elder Law Attorneys will help you find the right attorney. Spare yourself and your family the pain and anguish of trying to help a loved one when they need it most. Learn about POA and DPOA. Find a local attorney to help you execute the right tool for your needs. This will help you keep control of your loved-one’s safety, care, and quality of life, and support your own well-being as well.

Healthcare Consumers Win Hospital Pricing Transparency & Balanced-Billing Protections

Last Revision: Dec. 30, 2020

American healthcare consumers have won two recent and hard fought victories for hospital pricing transparency and an end to surprise medical bills from a practice called “balanced-billing” that enabled out-of-network providers to send bills to people for the amount that insurance did not cover.

Hospital Pricing Transparency

Once again the healthcare power players, this time the American Hospital Association (AHA), tried to block consumers from accessing  transparent information about their prices. Fortunately, U.S. District Judge Carl Nichols in Washington, D.C. dismissed the AHA’s challenge to a Centers for Medicare & Medicaid Services Price Transparency  Final Rule requiring them to disclose the prices they negotiate with insurers.  The rule will take effect beginning on Jan. 1, 2021. Count on the AHA to appeal to continue their efforts to block informed decision-making by consumers. You can follow the case “American Hospital Association et al v Azar, U.S. District Court, District of Columbia, No. 19-03619.

New “Balanced Billing” Protections

While consumers will still have to deal with high prices for prescription drugs and certain health care services, at least they will now be protected against unexpected bills from out-of-network providers of emergency care, air ambulance transportation, and nonemergency care at in in-network hospital when unknowingly treated by an out-of-network provider, including anesthesiologist and laboratories. This bill does not cover ground ambulance services.

The bill does include provisions for consumers who want to use an out-of-network provider and are willing to forfeit protections to see the provider of their choice.

Consumers need to be aware that this new law does not go in effect until 2022.