The first national program to cover custodial care was enacted on March 23, 2010, and the ground beneath the debate over coverage for long-term care has fundamentally shifted. The intense discussion over the recently enacted health care reform legislation1 focused on the uninsured and overshadowed the fact that it contained a long-term care insurance program for working adults. The new program is called the Community Living Assistance Services and Supports (CLASS) Act. The goal of the program is to help strengthen independence and home care.
The CLASS Act is paradigm-shifting because it provides coverage for custodial care. Until now, health insurance has only reimbursed care that for the patient’s safety had to be provided by medical personnel such as doctors, nurses, physical therapists, speech therapists and occupational therapists. It ignored the demographic imperative of the aging population that increasingly needs important but less sophisticated care, such as assistance with eating and bathing. It is this distinction, between skilled and custodial care, that is at the core of the elder law practice.
The Basics
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