Georgia's Trusted Healthcare
& Medical Provider Attorneys

The Most Important Lists You Need To Write Today  

Medication List Special Needs Trusts Jeyaram & AssociatesMost of us write lists – To Do Lists, Bucket Lists, Christmas Lists, Grocery Lists, Wish Lists, etc. But the most important lists we need to write are the ones that could be life-saving for our differently abled children.

Medications & Healthcare Providers Lists

Many of us are on auto pilot and can recite our child’s medication list and dosage by heart. However, if something were to happen to us, it’s important for someone else to be able to jump in and continue our child’s medications.

With many of our differently abled children, these medications are critical to their overall health – and in some cases – they could mean a matter of life or death. As a result, Medication Lists should include the name of the medications, dosage, frequency, purpose of the medication, how the medications are administered, where the medications are located (ex. fridge), and the name of the pharmacy for each medication.

Another list we need to make is a list of all of our child’s medical providers. The Medical Providers List should include our child’s primary care physician, specialists, pharmacists and therapists. At minimum, this list should include their names, locations and phone numbers. In addition, this list should include your child’s insurance ID number(s) and date of birth.

Add Special Notes

As part of our lists, I also recommend including the date last seen by each of the health care providers, as well as any other special notes or information. For example, we have a great relationship with one of our pharmacists, and she is well versed in our son’s medical history.

We’ve included a note in our Medical Provider List that she be contacted for anything related to our son’s medicines. Further, on our son’s Medication List, we’ve noted that we hide his nighttime medicine in applesauce.

You’ve Probably Already Created It

Many of us have already created these lists for things like Katie Beckett applications or IEPs. And while they take just a few minutes to create, these lists could ultimately be lifesaving if something happened to you and someone needed to immediately begin caring for your child.

Make Sure This Information Is Part Of Your Special Needs Estate Plan

Finally, I recommend that these lists be included in your special needs estate plan. Families often include these lists as part of their annual letter to their child’s guardian.

It’s important for everyone to know who to contact and how to continue your child’s medications in case of an emergency. So while we’re busy making all our lists, you can now add one more item to your To-Do List – your child’s Medication and Healthcare Providers List.

Contact Us

If you need help with your special needs estate plan, we’d love to help. We’ve helped hundreds of families create legal plans that give them a peace of mind should anything happen to them. DJ@JeyLaw.com 678.325.3872.

Healthcare Providers: Are You Compliant With The New Overtime Rule?

Over time healthcare providerThe U.S. Department of Labor recently announced a Final Rule that substantially increases the number of salaried workers who will receive overtime.

The new rule, which goes into effect on December 1, 2016, is expected to affect 4.2 million workers – including healthcare employees.

Currently, employers did not have to pay overtime to salaried workers earning more than $23,600. The new Final Rule increases that threshold to $47,476 with automatic future increases.

The Final Rule will particularly affect healthcare businesses and professionals. The average salaries for nurses, medical and physical therapists, medical and pharmacy technicians, and paramedics is between $25,710 and $47,010. [1]

However, there is some exceptions for certain Medicaid providers. Providers that serve individuals with intellectual and developmental disabilities do not have to increase salaries until March 17, 2019. The delay is for providers of Medicaid-funded services “for individuals with intellectual or developmental disabilities in residential homes and facilities with 15 or fewer beds.”[2]

The delay addresses concerns that the change would increase the cost of paying workers, without the ability to increase the revenue from Medicaid payments.

While the non-enforcement policy is a boon to home and community based providers, it will not affect private pay ID/DD providers. The Administration’s Final Rule is likely to raise costs for those private pay providers because the cost of labor will increase as many more salaried workers are entitled to overtime pay.

Healthcare providers should review their compensation structures to ensure they comply with the new overtime rules. Providers who believe they meet the exception for Medicaid funded ID/DD services should ensure they meet the exception.

Jeyaram & Associates is a full service healthcare law firm and can review employers’ salary structures to ensure compliance with the new law. For assistance, contact DJ at DJ@JeyLaw.com or 678.325.3872.

 

Got Katie Beckett? Your Child Could Qualify For NOW/COMP Waivers Too

NOW/COMP

If your child receives the Katie Beckett Waiver, first and foremost, congratulations!

You survived the laborious process of securing physical, speech and occupational therapy notes, medical histories, doctors’ notes and evaluations – not to mention probably resubmitting your 2-inch completed application more than once!

BUT, as parents of special needs children, we know it’s worth it. Without Katie Beckett our kids would not receive the services they need. So if the thought of going through yet another application process seems overwhelming – read on.

How Children Qualify for NOW/COMP Waivers

One of the benefits of being on Katie Beckett is that your child may also qualify for additional services through the state’s NOW/COMP Waivers – programs designed to help children and adults with developmental or intellectual disabilities (or a closely related condition) live at home or integrate into the community.

One of the Levels of Care that qualifies someone for an applicant for Katie Beckett is the Intermediate Care Facility for Individuals with Intellectual Disabilities (ICF-ID). The ICF-ID level of care is the same level of care used to qualify an applicant for the NOW/COMP Waivers. So if you qualify under ICF-ID Level of Care for Katie Beckett, you should also qualify for NOW/COMP under the same level of care.

The NOW/COMP waivers increase the independence and quality of life for individuals with developmental disabilities. They cover expenses not typically covered by Medicaid such as respite, job training, housing services, and transportation. Services can be provided to help support the individual during the day, night and weekends.

One of the common misconceptions is that the NOW/COMP Waivers are only for adults. And while it is true that many NOW/COMP services are aimed at older individuals, children may also qualify for the Waivers and utilize services more appropriate for children.

Approximately 12,000 individuals in Georgia receive services through the NOW/COMP waivers. The waiting lists are long and sometimes it takes years to get approved – but it’s worth it. And, here’s the best news yet – once your child receives the wavier, it’s his/hers as long as your child continues to meet the eligibility criteria during annual renewals and continues to need services.

Here are some of the services your child can receive.

Sample of Support Services NOW/COMP Covers

  • Nursing services: If your child has a clinical diagnosis that requires complex assessment and intervention, nursing services are available to help restore your child’s health or prevent further deterioration.
  • Respite – Brief periods of support or relief for caregivers. This includes hourly and overnight care for your special needs child.
  • Specialized Medical Equipment – Devices, controls or appliances that enable your child to increase the abilities to perform activities of daily living and interactive more independently.
  • Specialized Medical Supplies – Food supplements, special clothing, diapers, bed wetting protective gear and other supplies.
  • Vehicle Adaptation Services – Adaptations to your family’s vehicle such as hydraulic lifts, ramps, special sets, etc.

The aforementioned is just a sample of the services available. For a comprehensive list, click here.

How To Get Started

The NOW/COMP Wavier application process is not nearly as arduous as the Katie Beckett application process. But remember, the waiting lists are long and often takes years to secure services. To download the PDF application, click here.

Georgia Department of Community Health Approves $140 million Medicaid Rate Increase

Georgia MedicaidGeorgia doctors, nursing home operators and other healthcare providers will soon see an increase in Medicaid reimbursements. The Georgia Department of Community Health (DCH) approved a reimbursement rate increase earlier this month that will go into effect July 1, 2016.

The increase addresses concerns that low Medicaid reimbursement rates have made it difficult for practices with high volumes of Medicaid patients to be profitable. The rate increases will most likely have the biggest impact on providers in rural Georgia communities, which serve a high Medicaid population. For some providers, the Medicaid reimbursement rate will go up by more than 50% for some procedures.

The rate increases means $140 million in increased reimbursements for Georgia providers. The increase was funded by the General Assembly earlier this year, but the Department of Community Health did not approve the rate increase until the beginning of May. The total will be paid for in part out of the Georgia budget with about two thirds of the increase coming from the federal government.

Jeyaram & Associates is a full service healthcare law firm committed to helping doctors, nurses, hospitals, nursing homes, adult day care facilities, pharmacies, and Medicaid and healthcare providers. Contact DJ at DJ@Jeylaw.com or 678.325.3872.

Jonathan Anderson Joins Jeyaram & Associates

Jonathan AndersonPlease help us welcome Jonathan Anderson to our legal team!

Mr. Anderson is an associate attorney specializing in healthcare law. Prior to joining Jeyaram & Associates, Mr. Anderson worked as a legal intern on the Disability Integration Project for the Atlanta Legal Aid Society.

Mr. Anderson provided legal support to individuals with disabilities to help them remain in or move back the community rather than live in institutions. He also worked extensively with state Medicaid waivers including appealing the State’s decisions to terminate benefits of disabled individuals.

Mr. Anderson also served as an intern for the Health Law Partnership (HeLP) which serves clients whom meet certain income requirements and have a treatment relationship with Children’s Healthcare of Atlanta (CHOA). He conducted interviews, drafted briefs for Supplemental Security Insurance, and researched how changes in Supplemental Security Insurance regulations affected HeLP clients.

Legal Expertise

  • Medicaid Waivers
  • Medicare
  • Mediation

Jonathan can be reached at janderson@jeylaw.com.

Former DCH Attorney Joins Jeyaram & Associates

Screen shot 2015-06-26 at 2.55.32 PMMr. Harrison Kohler joins Jeyaram & Associates as counsel. Mr. Kohler brings extensive criminal defense and administrative hearing experience to the firm. He represented the Department of Community Health (DCH) for nine years in both administrative hearings and negotiations with attorneys for Medicaid providers.

Prior to joining DCH, Mr. Kohler served as an Assistant Attorney General, which included 10 years as a prosecutor in the Medicaid Fraud Control Unit. During that time, he had 90 jury trials, including both criminal and civil, in 15 different superior courts and two federal districts in Georgia.

Further, Mr. Kohler has orally argued approximately 50 appellate cases. He successfully argued Georgia v. McCollum, 505 U.S. 42 (1992), in the United States Supreme Court. In 1996 the Supreme Court Historical Society named Georgia v. McCollum as one of the most significant oral arguments heard by the United States Supreme Court between the years 1955 and 1993.

Prior to pursuing a legal career, Mr. Kohler  served three years in the United States Army, including a year in Vietnam. He was awarded the combat medical badge and the Army Commendation Medal with Oak Leaf Cluster. Mr. Kohler has also been recognized by his peers as he’s earned the AV Peer Review Rating, which identifies a lawyer with “very high to preeminent legal ability, is a reflection of the firm’s expertise, experience, integrity and overall professional excellence.”

Please help us welcome Harrison to the firm!

Jeyaram & Associates to Host Free Legal Seminars: Healthcare, Corporate, Administrative and Education Law

Jeyaram & Associates Free Legal SeminarsTell us what you want!

We’re putting together a schedule of *free* legal seminars hosted by Jeyaram & Associates for this fall, and we want to hear what you want you want to learn about!

Past seminars have included:
* “How to Prepare for a Payor Audit”
* “The Do’s and Dont’s of Physician Contracts”
* “Recovery Audit Contractor (RAC) Appeals”
* “Tips on How to Prepare for an IEP”

….and more

But we want to know what’s on your mind and what you need!

We’ll send invites later this summer for the free seminars.

Let us know your healthcare, corporate, administrative, and legal education needs!