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Don't Mess With Texans' LTC

by
Stephen A. Moses
for the

Fifth Annual Policy Orientation for the Texas Legislature
of the
Texas Public Policy Foundation

Austin, TX:  February 7, 2007 

Long-term care is a very expensive proposition. 

Private nursing home rates in Texas can easily run $150 to $200 per day. 

You might find an assisted living facility for half that, but it still adds up fast and you may end up needing a nursing home in time anyway. 

Rather get your care at home?  Even someone to help with chore or attendant services will set you back $16 per hour.  Figure on more than double that if you need skilled nursing care at home. 

And if you think long-term care is expensive today, just wait two or three decades until the baby boom generation starts needing it.  Whew! 

Of course, you only have to worry about the cost of long-term care if you'll have to pay for it yourself, right? 

Nowadays, in Texas, and across the United States for that matter, the vast majority of all professional long-term care services are paid for by government programs. 

The lion's share of long-term care costs are paid by Medicaid.  Medicare's a big factor too.  Private insurance and so-called out-of-pocket expenditures are really minimal. 

That's why public policy makers are so worried about long-term care financing. 

The Texas Public Policy Foundation asked me and my organization, the Center for Long-Term Care Reform, to study Medicaid and long-term care financing in Texas and to recommend some measures to meet this challenge. 

Mary Katherine Stout and I spent a week in December interviewing 58 experts on every aspect of Medicaid and long-term care in Texas. 

Our report will be published in a couple weeks and posted on the Foundation's website at TPPF.org and on the Center for Long-Term Care Reform's website at centerltc.com. 

But here's a sneak peek at what we discovered and recommend. 

Long-term care in Texas is extremely expensive.   

Medicaid nursing home expenditures went from $602 million in 1980 to $2.7 billion in 2004.  Home care costs rose even faster in the same time period:  from $11 million to $819 million, almost 20% per year for 25 years. 

I reckon this is what led Executive Commissioner Albert Hawkins of the Texas Health and Human Services Commission to tell us:  

"When I look forward to the future aging of the population, especially the growth of the oldest old, I see us straining even to cover the [the relatively lower] cost of HCBS. The problem is the gross numbers, not just the per-recipient costs. It's just the raw number of people getting older in Texas." 

Texas Medicaid has been very progressive and proactive in funding long-term care. 

Following the lead and recommendations of academics, federal officials and other states, Texas has moved aggressively to finance lower cost home and community-based services and to reduce the relative utilization of more expensive nursing home services. 

But two things are obvious to anyone who looks at the facts. 

First, overall Medicaid long-term care expenditures have continued to increase despite the greater focus on home care. 

And second, Medicaid remains the predominant payor for professional LTC services whether in a nursing home or at home. 

In fact, we found very little private financing of long-term care.  Out-of-pocket spending for nursing home or home care in Texas is the exception instead of the rule. 

Less than five percent of people over the age of 50 in Texas own private insurance that will pay for long-term care. 

The use of reverse mortgages to tap the enormous home equity wealth of seniors in order to fund their long-term care is virtually unknown. 

Why is it that the lion's share of long-term care financing falls on a fiscally strained public assistance program like Medicaid? 

We found the answer by studying Medicaid eligibility rules and by speaking with the field workers who make the eligibility determinations.  

Bottom line, Medicaid-financed long-term care in Texas is easy to obtain.  Despite the conventional wisdom that Medicaid is welfare with draconian income and asset spend-down requirements, the truth is very different. 

Anyone with income below the cost of nursing home care can qualify based on income. 

There is no limit on assets held in exempt form, such as home equity up to $500,000 plus a car, term life insurance, home furnishings, and prepaid burial expenses of any value. 

Married couples get even more generous income and asset eligibility rules allowing a healthy spouse in the community to retain more than $2500 per month of the institutionalized spouse's income and sometimes hundreds of thousands of dollars in otherwise countable assets because of a program called the Extended Protected Resource Amount (EPRA). 

And of course, if you have way too much money for Medicaid, you can hire one of the legal or financial advisors who specialize in artificial self-impoverishment to qualify. 

We Googled "Medicaid planning in Texas" and got over one million hits.  Here's an example: 

"With proper Medicaid Planning, you and your loved one can keep either all or most of your assets and still qualify for Medicaid. We NEVER charge a fee!! We have helped families save hundreds of thousands of dollars each year, keep their assets, keep their homes and ranches, keep their rental properties, pass their property on to their kids and grandkids AND STILL qualify for Medicaid in a Nursing Home or an Assisted Living Community in Texas!!" 

Medicaid long-term care eligibility is way too complicated for me to explain in the 12 minutes available to me today, but my goal right now is only to pique your interest and persuade you to read our report when it comes out. 

So, here's what we concluded and what we recommend. 

Long-term care in Texas IS hugely expensive and will become far more so as time goes on and the Baby Boom generation ages. 

Government programs like Medicaid and Medicare can't continue to pay most of the cost of formal long-term care. 

Medicare, for example, has a $71 trillion unfunded liability.  It won't continue to cover as much long-term care as it has in the past. 

Social Security has a $15 trillion unfunded liability.  It won't be able to offset such a large portion Medicaid long-term care costs as it has in the past. 

Something must be done to attract new sources of long-term care financing into the system to supplement and relieve the fiscal pressure on Medicaid and Medicare. 

There are only three such sources of new financing:  out-of-pocket expenditures, long-term care insurance, and home equity conversion or reverse mortgages. 

But no one can reasonably expect the public to plan early and save, invest or insure for long-term care when they can ignore the risk, avoid the premiums for private insurance, wait to see if they every need long-term care and then easily pass most of the financial liability on to Medicaid while passing their wealth, mostly home equity, on to heirs. 

So, the solution is to target Medicaid to people most in need, tighten income and asset eligibility rules, recover from recipients' estates, and use the savings to educate the public and incentivize them to insure privately for long-term care or use reverse mortgages to fund their care. 

To do anything else is to leave Medicaid what it has become today:  free inheritance insurance for the baby boom generation. 

Now, Texas has already taken some steps in the right direction.  The state has implemented the new restrictions on eligibility passed in the Deficit Reduction Act of 2005.   

For example, limiting the previously unlimited exemption for a home and all contiguous property to half a million dollars and stopping some of the most egregious "Medicaid planning" abuses. 

And the state has finally implemented an estate recovery program that was mandated by federal law in 1993. 

But much remains to be done.  To find out precisely what, we urge you to read our new report when it is released. 

And if this subject interests you, feel free to visit the Center for Long-Term Care Reform's website at www.centerltc.com where you'll find many articles and reports explaining these issues in much greater detail. 

Thanks for your attention.

 

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