Category: Patient advocacy

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.

Patient Advocate Foundation

One of the very best resources of  free help and financial assistance in the U.S. Get help navigating your health insurance, accessing treatments, appealing insurance denials, and connecting to care through the Patient Advocate Foundation, or call 800-532-5274. Go to https://apatientsplace.wordpress.com/help-guidance/ for hundreds of links to free help with your healthcare.

Is Doctors Lying to Patients Ever OK?

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We all know the healthcare system is difficult at best and more likely just broken. A recent Medscape poll of 286 physicians and 362 RNs and APRNs reported that at least some physicians felt it was OK to lie to patients about a medical error (17%), prognosis (14%), and to get treatment (24%).

There’s more information about lying to patients in this report from Medscape.

While it’s understandable that any clinician might lie if they felt they were helping a patient, doesn’t that reinforce a dangerous presumption that doctors know better than patients what’s in the patient’s interest?

Two questions that need to be asked in future polls are “how do patients feel about doctors and nurses lying to them,” and “how will we activate patients to contribute to their care teams if we don’t trust them with the truth?”

Free Patient Navigation for Medicare Beneficiaries

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Making your way through complex medical systems, doctors appointments, and treatments can be overwhelming. Medicare beneficiaries can get free help with care coordination, medication management, explanation of a diagnosis or treatment, and connections to resources through the Medicare Quality Improvement Organization. Just complete the brief form on their home page. If you need additional assistance finding help for your health care journey, complete the contact form at aPatientsPlace.com.

11 Essential Tips for Consumers to Get High Quality Healthcare

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1. Be involved in all parts of your healthcare.

2. Ask questions whenever you are unsure of anything related to your healthcare.

3. Find out how much you will be expected to pay before appointments, tests, and treatments are started.

4. Request copies of your test results, doctor’s notes, and medical record when you check in for any appointment, test or treatment.

5. Always find out how much successful experience your health providers have at diagnosing and treating your specific condition.

6. Keep and organize copies of your medical records, test results, and interactions with all of your health providers.

7. Learn as much as you can about your illness and providers from trustworthy sources.

8. Contact your insurance provider as much as is needed to understand your coverage, your insurance provider’s guidelines, and your financial responsibilities.

9. Negotiate fees with doctors and treatment providers whenever possible.

10. Review your bills for mistakes, or have someone do it for you; its free.

11. Consult an experienced specialist after a serious diagnosis.

Get free help navigating your health insurance, appealing insurance denials, and accessing care through the Patient Advocate Foundation, or call 800-532-5274. Go to https://apatientsplace.wordpress.com/help-guidance/ for hundreds of links to free help with your healthcare.

FDA approves 1st DTC consumer genetic test

Nologo-apatientsplave-v3-smallw, patients can purchase a genetic risk test to learn about their risks for various diseases. FDA approved 23andMe’s $199 genetic health risk test for sales directly to consumers. The tests are based on DNA extracted from the users saliva.  More information can be obtained at https://www.23andme.com.