Fong Law Group

What Vaccines Does Medicare Cover?

Vaccines can become less effective over time. Even individuals fully vaccinated as children may need to update their immunizations. Medicare Parts B and D offer vaccination coverage.

Medicare Part B covers shots for the flu, hepatitis B, pneumococcal (pneumonia), and COVID-19. Medicare covers 100 percent of the cost of these vaccines if you go to an approved provider, and you do not have to pay a deductible or coinsurance. Medicare Advantage plans are also required to provide these vaccines at no additional costs.

Medicare covers one flu shot per flu season, which runs from November to April, and not the calendar year. For example, if an individual gets a flu shot in January and again in November of the same year, Medicare would pay for both.

Medicare covers two different pneumonia shots. Medicare recipients can get the first shot at any time and it will cover the second shot if it's administered at least one year after the first shot.

Hepatitis B shots are free for anyone considered medium or high risk for contracting the virus. End-stage renal disease and diabetes are two conditions that place individuals into a higher risk category. A medical professional can help determine an individual’s risk level.

Medicare Part D plans (as well as Medicare Advantage plans with built-in Part D) should cover all other commercially available vaccines, including shingles and Tdap (tetanus, diphtheria, and pertussis), when they are reasonable and necessary to prevent illness. Contact your Part D plan to make sure it covers the shot you need. To limit your copay, you should go through an in-network provider that will either handle billing your Part D plan electronically or coordinate this with a pharmacy. 

Ask your vaccine provider if it can bill your Part D plan directly.  If your doctor or pharmacy can’t do this, the provider will have to bill you for the entire cost of the vaccination and you’ll have to request reimbursement from your plan.  And note that the plan will reimburse for only the approved amount, which may be less than what the provider charged you.

Keeping current on your vaccinations is one of the best ways to prevent serious illness and disease. Talk with your doctor to determine what vaccines you need to minimize risks to your health.

For more from the Medicare Rights Center on Medicare’s vaccination coverage, click here.

You Can ‘Cure’ a Medicaid Penalty Period by Returning a Gift

Anyone who gifted assets within five years of applying for Medicaid may be subject to a penalty period, but that penalty can be reduced or eliminated if the assets are returned. 

In order to be eligible for Medicaid, you cannot have recently transferred assets. Congress does not want you to move into a nursing home on Monday, give all your money to your children (or whomever) on Tuesday, and qualify for Medicaid on Wednesday. So it has imposed a penalty on people who transfer assets without receiving fair value in return.

This penalty is a period of time during which the person transferring the assets will be ineligible for Medicaid. The penalty period is determined by dividing the amount transferred by what Medicaid determines to be the average private pay cost of a nursing home in your state.

However, Congress has created a very important escape hatch from the transfer penalty: the penalty will be "cured" if the transferred asset is returned in its entirety, or it will be reduced if the transferred asset is partially returned (although some states do not permit partial returns and only give credit for the full return of transferred assets). 

Partially curing a transfer can be a “half a loaf” planning strategy for Medicaid applicants who want to preserve some assets.  In this case, a nursing home resident transfers all of his or her funds to the resident’s children (or other family members) and applies for Medicaid, receiving a long ineligibility period. After the Medicaid application has been filed, the recipients return half the transferred funds, thus “curing” half of the ineligibility period and giving the nursing home resident the funds he or she needs to pay for care until the remaining penalty period expires.

The person who returns the money needs to be the same person who received the gift; otherwise, it is not really a return of the original gift. But many people will have spent the gifted assets and no longer have any money to return. If the person who received the transfer no longer has the funds to cure, other family members could give or loan that person the funds to do so. 

Returning the funds will likely mean the Medicaid applicant will have excess resources that will need to be spent down before the applicant will qualify for Medicaid. States vary on how they handle returns. Some states may consider payments made directly to the nursing home on behalf of the Medicaid applicant to be a return of funds; others require that the payments go directly to the applicant. 

Your attorney can help you navigate Medicaid’s complicated rules and application process. 

Can the Lender Repossess My Car During Chapter 7 Bankruptcy?

Yes, your creditor can repossess your car under Chapter 7 bankruptcy in California. But you can avoid this situation and keep your vehicle. Many think that Chapter 7 bankruptcy will discharge all their loans. However, there will be some exceptions. Without legal knowledge, you cannot get the most from bankruptcy. You can reach out to the experienced attorneys of Fong Law Group. The skilled legal professionals have experience in Chapter 7 bankruptcy car repossession. Hence, you can expect the best help.

It is worth mentioning that your car creditor cannot repossess your vehicle without the court's permission. Once you get an automatic stay order, you will not experience any harassment from your creditors. They will have to wait. But your car's debt lender can get court's approval to repossess your vehicle. However, you can avoid car repossession. Keep reading to know more about Chapter 7 bankruptcy car repossession.

Chapter 7 Bankruptcy & Car Repossession

Once you file bankruptcy under Chapter 7, the bankruptcy court will issue an automatic stay order. The order will stop the collection activities of your creditors. Hence, your lender cannot come and repossess your car. The creditor will have to get the court's permission to repossess it. But you can talk to Fong Law Group and know your legal rights. Fong Law Group has a good reputation for offering the best legal help to Monterey Park California and surrounding areas.

Can A Lender Get Court's Permission for Car Repossession?

Your lender might request the court to lift the automatic stay order. The creditor will have an option to file a motion for relief from the stay order. In the relief petition, the lender will show that you have not made payments and the lender has experienced financial loss due to your default status. However, you will have two weeks to oppose the motion of your car creditor. If you defend the relief petition, the court will start hearing within thirty days of motion filing. The judge will deny the motion if you prove that the lender has incorrect charges about your payments. However, if it is accurate, the judge will continue with the hearing. In the end, you both will have to settle. If you cannot negotiate with your lender, the court might lift the automatic stay. In that condition, the creditor can repossess your vehicle.

 How Can You Prevent Repossession Under Chapter 7 Bankruptcy?

If you want to keep your car, you can consider the following.

Cure the Default

Your lender can repossess your car when the debt is in default. However, if you can cure the default, the lender will not have reasons to repossess your vehicle.

Negotiate

You can convince your lender and make timely payments. Yes, car creditors make money from interests. You can consider a repayment plan. Your lender might reduce your interest rate, repayment, or principal balance.

Do you have more queries? Call Fong Law Group at (626) 289-8299 for a FREE consolidation, and talk to an attorney today. We are here to help you get through this difficult time in your life, and help you with a Fresh Start.

Multiple Bankruptcy Filings: When Can You File Again?

Can you file bankruptcy more than once? Is there any waiting period? Yes, you can consider filing bankruptcy again in California. Many Americans keep wondering about the impact if they file for bankruptcy again. Some even doubt that they can file many times. If you have any bankruptcy concerns, you can consider visiting Fong Law Group. Their attorneys can find a suitable solution based on your financial position. In the following, we will know more about multiple bankruptcies.

 How Long You Need to Wait

The waiting time will vary based on chapters. Also, there will be some other limitations. You will have to go through both benefits and downsides. If you file bankruptcy again soon after eliminating your debts in the previous filing, you cannot get discharged again. Even if you cannot get a discharge, you can think of filing bankruptcy again under certain circumstances. Lawyers in Fong Law Group can help you with the best legal solution.  You will know when and how you can file bankruptcy again. Fong Law Group offers legal services to Monterey Park California, and surrounding areas. You can reach out whenever needed.

When it comes to the waiting period and other limitations, you will have to understand the combinations.

Chapter 7 to Chapter 7

You might be aware that Chapter 7 bankruptcy can discharge most of your loans. However, you cannot file under this chapter frequently. Yes, you will have to wait for eight years to file bankruptcy under this chapter again. The waiting period will be eight years between both filing dates.

Chapter 13 to Chapter 13

When it comes to filing again under chapter 13, you will not have to wait long. You can file again after two years. But you might need to wait a bit longer since the repayment plan can continue for three years. You can decide based on your condition.

Chapter 7 to Chapter 13

If you have filed bankruptcy under chapter 7, you might need to wait four years to file bankruptcy under Chapter 13. The time will start from the filing date of your previous bankruptcy. After four years, you can think of filing bankruptcy under Chapter 13.

Chapter 13 to Chapter 7

You might need to wait for six years. But you can get some relaxation if you have repaid at least seventy percent of your debt. With a good repayment history, you can file again within one year.

Can I File Multiple Bankruptcies?

Yes, you can file multiple bankruptcies. Even if there is a waiting period between filings, you will have the option to file many times. However, it will impact your credit and loan-taking ability. Hence, you can avoid multiple bankruptcies.

Can I Receive A Discharge?

Yes, you can receive a discharge if you have not received it in your first bankruptcy filing. However, you will not get an automatic stay order.

Do you have any doubt? Call Fong Law Group at (626) 289-8299 for a FREE consolidation, and talk to an attorney today. We are here to help you get through this difficult time in your life, and help you with a Fresh Start.

Closing of Social Security Field Offices Disrupted SSI Benefits for Thousands, Lawsuit Charges

Plaintiffs in a class-action lawsuit against the Social Security Administration (SSA) might describe it as an open-and-shut case. When the SSA closed its field offices at the onset of the COVID-19 pandemic, it remained open for the purposes of denying benefits. But, plaintiffs say, the agency was effectively shut for low-income elderly adults and people with disabilities who needed to validate claims, or who sought to challenge the agency’s denial of their claims. The result: thousands of beneficiaries whose benefits were wrongfully reduced or discontinued, according to the suit.

Supplemental Security Income (SSI) is the basic federal safety net program for the elderly, blind and disabled, providing them with a minimum guaranteed income. As of September 2021, some 2.3 million people aged 65 or older were receiving SSI payments.

SSI recipients are required to demonstrate that they meet income and resource limits each month in order to qualify for assistance, and they must promptly report any changes in their financial circumstances that might affect their status. Failure to perform this routine, which traditionally many have done in person at local field offices, can result in the denial of benefits and a demand for repayment of benefits already sent.

While the SSA made provisions for people to report their information by phone, fax or mail after closing its offices in March 2020, this was easier said than done for the elderly and people with disabilities, according to the lawsuit, filed in U.S. District Court, Eastern District of New York, by the advocacy group Justice in Aging and others on behalf of a group of SSI recipients whose benefits were unlawfully reduced or terminated.

“These recipients—who are disabled, elderly, or both—are at high risk for serious consequences from COVID-19, which limits their ability to venture into their communities to secure needed documentation, go to the post office or to send faxes to SSA,” the lawsuit reads. Furthermore, even when recipients did file their information on time, often the SSA failed to process it for months, only to rule later that the beneficiaries had been overpaid and would have their future benefits docked.

Even a no-fault waiver of overpayment debts that the SSA issued in August 2020 did not mitigate the issue, because it was too limited, the lawsuit argues. For instance, to qualify for the waiver, the overpayment had to have occurred before September 30, 2020, and must have been brought to the SSA’s notice by the end of that year. Many people weren’t informed about the waiver, the lawsuit claims, and therefore could not apply for it.

Nearly 300,000 people have stopped receiving SSI since the closure of the offices, during a pandemic that has hit the elderly and those with disabilities particularly hard, the lawsuit notes. “Adults 65 and older have been the most at risk of death from COVID-19 and have constituted almost 80 percent of COVID-19 deaths. In addition, the risk of death from COVID-19 for persons with disabilities has been three times that of the general population.”

The plaintiffs, who are also represented by New York Legal Assistance Group and law firm Arnold & Porter Kaye Scholer LLP, have demanded a jury trial.

For Justice in Aging’s press release on the litigation, click here.

Should I File for Bankruptcy FAQ

Bankruptcy can give you relief from a financial crisis. But you cannot decide on filing bankruptcy without adequate information. Before filing bankruptcy in California, you might want to know the options, discharges, and impact on your financial life. In the following, we will address all your queries.

Should I File Under Chapter 7 or Chapter 13?

There will be some specific requirements for both these chapters. You can file bankruptcy under Chapter 7 when your monthly expenses are more than your monthly income. You can consider Chapter 7 if you earn less than the median income. Also, it can be a suitable choice when you do not have a lot of things to keep. Chapter 7 might discharge most of your debts. But you cannot expect that it will eliminate all your debts. Besides, you can file bankruptcy under Chapter 13 if your monthly expenses are more than your monthly income. However, Chapter 13 involves creating a repayment plan. You will have to repay some loans within sixty months.

When Can a Judge Dismiss Bankruptcy Petitions?

When your monthly income is more than your monthly expenses, a judge can dismiss your Chapter 7 bankruptcy petition. However, you can consider Chapter 13 bankruptcy in that condition. You can hire experienced lawyers from Fong Law Group to know your current status. Experienced legal professionals can offer you the best help based on your financial condition. The Fong Law Group provides legal services to Monterey Park California, and surrounding areas.

 Will Creditors Stop Calling After Filing Bankruptcy?

Yes, your creditors will stop calling you once you file bankruptcy. They will have to follow the legal process. Hence, they will not harass you anymore. Also, it will stop debt collection lawsuits, foreclosures, and utility shutoffs. But it might be temporary, and you can talk to your lawyer to find a better solution.

Can All The Collection Efforts Stop After Filing Bankruptcy?

Yes, the creditors will have to stop all the collection efforts. Once you file bankruptcy, the bankruptcy court will notify your listed creditors. It will not take more than a week. Hence, your creditors will stop calling you within a week. However, if they do not stop bothering you, you can reach out to the lawyers of Fong Law Group. The experienced lawyers will act immediately to end such actions.

 Will Bankruptcy Impact My Credit Report?

Yes, it will impact your credit report. But it will not remain on your credit report forever. The maximum period is ten years. However, you can improve your credit score within this period by avoiding late payments. Also, you can check your credit report to find any errors, and you can talk to the credit bureau to fix them. Yes, you can gradually improve your credit score. You can win the trust of lenders again as well.

Do you want more help? Call Fong Law Group at (626) 289-8299 for a FREE consolidation, and talk to an attorney today. We are here to help you get through this difficult time in your life, and help you with a Fresh Start.

IRS Issues Long-Term Care Premium Deductibility Limits for 2022, and They Look Pretty Familiar

The Internal Revenue Service (IRS) has announced the amounts taxpayers of different ages can deduct from their 2022 income as a result of buying long-term care insurance, and the figures are almost the same as in 2021.

Many types of medical expenses are deductible from your taxes. To claim the deduction, your total unreimbursed medical expenses (which can include premiums for “qualified” long-term care insurance policies), have to be more than 7.5 percent of your adjusted gross income in 2022.

As long as the long-term care insurance policy is “qualified” (see below), these premiums -- what the policyholder pays the insurance company to keep the policy in force -- are deductible for the taxpayer, his or her spouse, and other dependents. If you are self-employed, the tax-deductibility rules are a little different: You can take the amount of the premium as a deduction as long as you made a net profit; your medical expenses do not have to exceed a certain percentage of your income. The tax deduction is generally not available with so-called hybrid policies, such as life insurance and annuity policies with a long-term care benefit. 

There is a limit on how large a premium can be deducted, depending on the age of the taxpayer at the end of the year. Following are the deductibility limits for tax year 2022. They are the same as in 2021, with the exception that for those in the age 60 to 70 age range the IRS reduced the limit by $10, from $1,420 to $1,410.  Any premium amounts for the year above these limits are not considered to be a medical expense.

Attained age before the close of the taxable year	Maximum deduction for year
40 or less	$450
More than 40 but not more than 50	$850
More than 50 but not more than 60	$1,690
More than 60 but not more than 70	$4,510
More than 70	$5,640

Another change announced by the IRS involves benefits from per diem or indemnity policies, which pay a predetermined amount each day. These benefits are not included in income except amounts that exceed the beneficiary's total qualified long-term care expenses or $390 per day, whichever is greater.

For these and other inflation adjustments from the IRS, click here.  

What Is a "Qualified" Policy?
To be "qualified," policies issued on or after January 1, 1997, must adhere to certain requirements, among them that the policy must offer the consumer the options of "inflation" and "nonforfeiture" protection, although the consumer can choose not to purchase these features. Policies purchased before January 1, 1997, will be grandfathered and treated as "qualified" as long as they have been approved by the insurance commissioner of the state in which they are sold. 

Bankruptcy and Your Credit FAQ

Bankruptcy can come to your rescue while struggling with a financial crisis. However, the impact of bankruptcy will be there from years to a decade. Many Americans believe that bankruptcy will impact their credit for a lifetime. Yes, credit and bankruptcy are closely related. The impact will be more in the initial years. However, you can improve your condition slowly and win the trust of lenders.

 Will Discharges Remain On Credit Report?

There is no doubt that bankruptcy discharges will appear on the credit report for years. You will find credit and bankruptcy in California interlinked. However, the bankruptcy discharges will not stay on the credit report forever. Also, you can take a few steps to improve your credit score. When it comes to how long bankruptcy will remain on your credit report, it will vary based on the type of bankruptcy.

How Long Will Bankruptcy Stay on My Credit?

If you file bankruptcy under chapter 7, the discharges will stay on your credit report for around 7 years, and then fall off. Discharge accounts will show as a derogatory mark. Yes, the credit report will include discharged' or “included in bankruptcy” with a zero balance. However, they will not appear on your credit score after seven years. The benefit is that the accounts will not appear as past due or unpaid.

Will Chapter 13 Bankruptcy Offer Some Relaxation?

Under chapter 13 bankruptcy, the discharges will show on your credit report for seven years. This bankruptcy creates a repayment plan to repay some loans. The period for repayment is three to five years. After the bankruptcy process, you will get a discharge of qualified loans. However, discharges loans will reflect on your credit score for seven years.

Will Its Impact Diminish Gradually?

The bankruptcy will reflect on your credit report from seven years. However, the effect will diminish after a period. If you keep yourself financially responsible after declaring bankruptcy, you will notice improvements in your credit report. Lenders might work with you based on your current financial status, assets, and other factors.

What Are the Ways to Improve Your Credit After Filing Bankruptcy?

After filling the bankruptcy, you can check your credit report. You will have to ensure that only discharged accounts are on your credit report. It might take a couple of months to show the updates on the credit. If there are negative marks after the period, you will have to correct them. You can contact the credit bureaus and fix the errors. Besides, you can consider the following steps to improve your credit after filing bankruptcy. A professional law firm like Fong Law Group can help you in the same.

Check Credit Score

You can check your credit score to fix any errors. Also, it will help you to address any potential issue and prevent further damage.

Avoid Late Payments

Late payments will have a significant impact on your credit. Hence, you will have to pay bills on time without any exception.

Understand Your Limits

You will have to stick to your budget. You can avoid overspending and save if it is possible.

With careful planning, you can improve your credit score after filing bankruptcy.  Check your credit score to find improvement areas. Also, you will have to avoid overspending and late payments. Gradually, you will notice a difference.

Call Fong Law Group at (626) 289-8299 for a FREE consolidation, and talk to an attorney today. We are here to help you get through this difficult time in your life, and help you with a Fresh Start.

What It Means to Need ‘Nursing Home Level of Care’ for Medicaid Eligibility

When applying for Medicaid’s long-term care coverage, in addition to the strict income and asset limits, you must demonstrate that you need a level care typically provided in a nursing home.  

Whether you are applying for nursing home coverage or through a Medicaid waiver program for coverage at home, you must meet the level-of-care requirement set by the state. Each state has its own criteria for determining if you meet the mandated level of care, and the criteria is not always clear.

The state looks at an applicant’s functional, medical, and cognitive abilities to determine if care in a nursing home is called for. In general, you must be unable to care for yourself or pose a danger to yourself without outside help. The following are the factors usually considered when making a level-of-care determination: 

• You need help with two or more “activities of daily living” (such as bathing, dressing, eating, moving, and going to the bathroom).
• You need frequent medical care, such as assistance with medication, injections, IVs, or other medical treatment. 
• Your cognitive ability is impaired by Alzheimer’s disease or another form of dementia, you have trouble making decisions on your own, or you are unable to process information. 
• You have behavior problems, such as wandering away from home or aggressiveness. 

When assessing a Medicaid applicant, the state will conduct the evaluation. The state may require a doctor’s diagnosis, but it will also likely require the applicant to answer a series of questions about his or her ability to perform activities of daily living as well the applicant’s mental abilities and behavior problems and the applicant’s family’s ability to provide support. 

To apply for Medicaid, contact your local Medicaid office. Your elder law attorney can help you navigate the Medicaid application process, which is not easy.

Medicare Premiums to Increase Dramatically in 2022

Medicare premiums are rising sharply next year, cutting into the large Social Security cost-of-living increase. The basic monthly premium will jump 15.5 percent, or $21.60, from $148.50 to $170.10 a month.

The Centers for Medicare and Medicaid Services (CMS) announced the premium and other Medicare cost increases on November 12, 2021. The steep hike is attributed to increasing health care costs and uncertainty over Medicare’s outlay for an expensive new drug that was recently approved to treat Alzheimer’s disease. Because most recipients have their Medicare premium deducted from their Social Security check, the upswing in Medicare premiums means that the Social Security cost-of-living increase of 5.9 percent, which was the largest in 39 years, will be smaller for most people. 

While the majority of beneficiaries will pay the added amount, a "hold harmless" rule prevents Medicare recipients' premiums from increasing more than Social Security benefits. This “hold harmless” provision does not apply to Medicare beneficiaries who are enrolled in Medicare but not yet receiving Social Security, new Medicare beneficiaries, seniors earning more than $91,000 a year, and "dual eligibles" who get both Medicare and Medicaid benefits.

Meanwhile, the Part B deductible will rise $30, from $203 to $233 in 2022, while the Part A deductible will go up by $72, to $1,556. For beneficiaries receiving skilled care in a nursing home, Medicare's coinsurance for days 21-100 will increase from $185.50 to $194.50. Medicare coverage ends after day 100.   

Here are all the new Medicare payment figures:

• Part B premium: $170.10 (was $148.50)
• Part B deductible: $233 (was $203)
• Part A deductible: $1,556 (was $1,484)
• Co-payment for hospital stay days 61-90: $389/day (was $371)
• Co-payment for hospital stay days 91 and beyond: $778/day (was $742)
• Skilled nursing facility co-payment, days 21-100: $194.50/day (was $185.50)

Your "Medigap" policy may cover some of these costs. 

Premiums for higher-income beneficiaries ($91,000 and above) are as follows: 

• Individuals with annual incomes between $91,000 and $114,000 and married couples with annual incomes between $182,000 and $228,000 will pay a monthly premium of $238.10.
• Individuals with annual incomes between $114,000 and $142,000 and married couples with annual incomes between $228,000 and $2846,000 will pay a monthly premium of $340.20.
• Individuals with annual incomes between $142,000 and $170,000 and married couples with annual incomes between $284,000 and $340,000 will pay a monthly premium of $442.30.
• Individuals with annual incomes above $170,000 and less than $500,000 and married couples with annual incomes above $340,000 and less than $750,000 will pay a monthly premium of $544.30.
• Individuals with annual incomes above $500,000 and married couples with annual incomes above $750,000 will pay a monthly premium of $578.30.

Rates differ for beneficiaries who are married but file a separate tax return from their spouse. Those with incomes greater than $91,000 and less than $409,000 will pay a monthly premium of $544.30. Those with incomes greater than $409,000 will pay a monthly premium of $578.30.

The Social Security Administration uses the income reported two years ago to determine a Part B beneficiary's premium. This means that the income reported on a beneficiary's 2020 tax return is used to determine whether the beneficiary must pay a higher monthly Part B premium in 2022. Income is calculated by taking a beneficiary's adjusted gross income and adding back in some normally excluded income, such as tax-exempt interest, U.S. savings bond interest used to pay tuition, and certain income from foreign sources. This is called modified adjusted gross income (MAGI). If your MAGI decreased significantly in the past two years, you may request that information from more recent years be used to calculate the premium. You can also request to reverse a surcharge if your income changes.

Those who enroll in Medicare Advantage plans may have different cost-sharing arrangements. CMS estimates that the Medicare Advantage average monthly premium will be lower in 2022, from an average of $21 in 2021 to $19 in 2022.

For Medicare’s press release announcing the new premium, co-payment and deductible amounts for 2022, click here.