ObamaCare and Special Needs Trusts

The Supreme Court decision on the Affordable Care Act (ObamaCare) has tremendous implications for our practice, primarily negative, but is a huge boon to planning for persons with disabilities who have been shut out of the private insurance market in the past.  Our law firm's loss is our clients' gains, and we couldn't be happier about it.

Depending on the November election, if Obama is re-elected, our clients with Special Needs Trusts will have the option to get off of public health programs, like Medicaid, and begin to pay for private health insurance from private health companies.  For the reasons mentioned in the attached "Commentary", we believe there are substantial resons why this will be appealing to many.  Whether, how and when to do it, however, will require a careful analysis of individual client's needs.  Click the link below:

www.floridaspecialneedslaw.com/uploads/file/Lillesand - Commentary on the Impact of Affordable Care Act.pdf

Health Insurance for Persons with Disabilities

The PCIP program is now cheaper - premiums have been reduced.  PCIP is "Pre-existing Condition Insurance Program,"  a part of the Affordable Care Act (ObamaCare) that is currently available to persons who have been denied health insurance by private health insurance companies because of even minor health conditions.  It also insures individuals with significant medical issues who have been without health insurance for six months or more.  Some of our clilents who have funds are purchasing the PCIP health insurance (the same non-profit company that insures Congresspersons and U.S. Senators).  The coverage is excellent.  And the doctors are first class private physicians and hospitals - after all, Congress wrote this insurance for themselves and their families - Obama is just letting disabled persons and others previously excluded from purchasing insurance, to buy this insurance.

The new rates are significantly lower than what our law firm's group health insurance costs: for a person age 32, our office policy costs $525 per month; the PCIP plan cost is $176 per month; for an employee age 48, our plan costs us $755 per month, and the PCIP is only $270 for even better coverage.

CLICK HERE for more descriiptions on how to sign up online for PCIP and the coverage and rates.  A full description of the program - about 81 pages - is available here.

The Impact of the Affordable Care Act on persons with disabilities

It would be difficult to underestimate the positive impact of ObamaCare - the Affordable Care Act - on persons with disabilities.  In the last two weeks, I have had three clients who were seeking a finding of "disabled" by the Social Security Administration because being found eligible for a monthly disability check would qualify them to receive health care.  None of them are now that they can purchase health insurance.

The private profit-making health insurance industry will not take individuals with pre-existing health conditions.  One client, a published author, had lost her health insurance when she developed Crohn's Disease.  Although it was initially somewhat managed, painfully, by medications, she now needs to have many feet of necrotic intestinal tissue removed surgically from her stomach.  Even though she has money, no insurance company would sell her health insurance.  She has too much money for Medicaid eligibility.  She will die without surgery.

Fortunately, the Obama health care plan contains the Pre-existing Condition Insurance Program (www.pcip.gov) which is a Republican idea put into Obama's Affordable Care Act.  This allows her to purchase health insurance from the same private non-profit insurance company that insures U.S. Senators and Congressman.  The coverage is affordable and immediate, and covers pre-existing conditions. 

For more information, go to www.pcip.gov.  The plan is described at www.pciplan.com and includes doctors, hospitals, medications, therapies, and everything that Congress would write for itself as a great insurance plan.

What this means, however, is that she will get her surgery, she is NOT filing a claim for SSA disability benefits, and she will not be on government-provided free Medicaid.  With the surgery, we expect full recovery and she will return to work.  Likewise for the other clients I recently interviewed who are dropping their claims for disability benefits and buying this health insurance instead.

More info here