SOUTH CAROLINA UPDATE  

It is the goal of EAGLE PUBLISHING COMPANY to keep our publications fresh and up to date. To do so we will print changes in the law and corrections to the book that have come to our attention after the book has gone to print. The following are updates to

Guiding Those Left Behind in South Carolina  1st Edition (Copyright 2001)

 

 Updates To: Guiding Those Left Behind in South Carolina  1st Edition (Copyright 2001)

These updates are current through 2006. For updates, after see the second edition of the book.

CHAPTER 1: 

In 2006, the South Carolina legislature changed the order of priority for those who can authorize an anatomical gift on behalf of the decedent:

Statute 44-43-330 gives the following order of priority:

1st       an Attorney-In Fact appointed by the decedent, provided the decision is authorized in the decedent’s Durable Power of Attorney

2nd      the surviving spouse, provided the couple were not in the process of obtaining a legal separation or divorce

3rd      the decedent’s parent or adult child 4th an adult sibling, grandparent, or adult grandchild

5th      a Guardian the person of the decedent at the timeof his death

6th      anyone else authorized or obliged to dispose of the body (SC 44-43-340).

The Homestead Exemption

$50,000 of the value of a South Carolina residence is exempt from the claims of creditors. If the home is owned jointly by husband and wife, then up to $100,000 is protected. Beginning July1, 2007, the value of the Homestead Exemption will be adjusted for the cost for living (SC 15-41-30(1)).

CHAPTER 2: The number for information about COBRA has been changed to (866) 444-3272

CHAPTER 4 : 2004 MEDICARE UP-DATE
There are many new changes in the Medicare system.

MEDICAL BILLS COVERED BY INSURANCE
If the decedent had health insurance you may receive an invoice stamped "THIS IS NOT A BILL." This means the health care provider has submitted the bill to the decedent’s health insurance company and expects to be paid by them. If the decedent was receiving Medicare, you will receive a Medicare Summary Notice listing all of the services or supplies that were billed to Medicare for the prior 30 days. In some areas of the country, you can get a copy of the decedent’s Medicare Summary Notice from the Internet: http://www.medicare.gov

HOW TO CHECK MEDICARE BILLING
The structure of Medicare has been changed giving people in some parts of the country, the option of staying with the Original Medicare Plan or choosing one of the Medicare + Choice Plans. Coverage differs depending on which plan is chosen. If the decedent was covered by Medicare, you need to determine whether he was covered under the Original Medicare Plan, or whether he chose a Medicare + Choice Plan. The publication Medicare and You explains coverage under the different options. See Chapter 2 to obtain a copy of the booklet.

An important billing question is whether the health care provider agreed to accept Medicare assignment, meaning that they agreed to accept the Medicare-approved amount. If so, the patient is responsible for the coinsurance (usually 20% of the approved amount) and any deductible amount. Doctors and health care providers who do not accept assignment, are limited in the amount they can charge for a Medicare covered service. The highest they can charge is 15% over the Medicare-approved amount. This Limiting Charge applies only to certain services and does not apply to supplies and equipment.
If all of this appears confusing, it is.

To check the decedent’s Medicare billing, you first need to determine whether he was in the Original Medicare Plan or in one of the Medicare + Choice Plans. The Medicare and You booklet explains what is covered under the Original Medicare Plan. You will need a copy of the contract for the Medicare + Choice Plans to determine what is covered under that plan.  If the decedent was in the Original Medicare Plan, you need to determine whether the health care provider accepted assignment; and if not whether the Limiting Charge applies to the services provided. Finally if assignment is accepted or the Limiting Charge applies, you need to determine the Medicare-approved amount.

NOTE: A doctor or supplier can give the patient an Advance Beneficiary Notice that says Medicare probably will not pay for a service. If the decedent received such notice and signed an agreement saying he wants the service and agrees to pay for it, then if he received the service, his estate is now liable to pay that debt.

COST OF NURSING CARE IN ORIGINAL MEDICARE PLAN
Medicare pays for the first 20 days of nursing care.
For days 21 to 100, the patient pays up to $105/day.
Medicare does not pay for nursing care beyond 100 days.

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