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Avoiding the Long-Term Care Trap

When the first Long-Term Care policies were offered 30 years ago, they were primarily for nursing home use and designed to kick in when Medicare ran out. These were not the feature- rich, comprehensive-benefit policies we see today, aimed at aging baby boomers, says Frank N. Darras, the nation’s leading disability and Long-Term Care insurance lawyer.”

According to Darras, the number of Long-Term Care policyholders has increased 21 percent annually and now there are approximately six million LTC policies in the United States. Unfortunately, in the same period of time, the number of insurance companies selling LTC has been declining. See DarrasLaw .

“The biggest concern of all is the possibility a claimant could be wrongfully denied coverage when they need it most,” says Darras. “So, it is vital that every consumer carefully research their choices and get reliable advice and a sound second opinion so that they and their families are richly protected.”

Choosing a Long-Term Care policy takes considerable thought and a lot of research. You may find that the most important decision you make may very well be the carrier you select.

Here is Darras’ checklist to help select a good carrier:

  • Research the Company’s commitment to Long-Term Care, how long have they been selling their policies? How many new policies do they bring to the market in your state every year? How often have they requested premium increases and at what per cent?
  • Check with Departments of Insurance in your state and others
  • Check the overall financial strength and size of the Company
  • Review their annual reports
  • What kind of media coverage are they receiving and for what?
  • Current legal actions against the Company or punitive damage verdicts in the past five years
  • Does the Company promote rate stability or do their rates ‘creep’?
  • Check their claims payment record
  • Any market-conduct investigations or class actions making news?
  • What would happen to your coverage if the Company is sold or goes out of business?
  • Do they offer indemnity or cash benefits?
  • How is Long-Term Care defined?
  • Is there a provision for temporary Long-Term Care?
  • If you need Long-Term Care can you have it provided
  • In your home? – In the home of a family member?
  • In an adult care service facility?
  • In an assisted living facility?
  • In a hospice facility?
  • In a nursing home?
  • See what type of care the policy covers
  • Custodial care is provided by someone who is not required to be licensed or skilled medical personnel
  • Intermediate care
  • refers to occasional nursing and rehabilitative care under the supervision of skilled medical personnel
  • Skilled care is the provision of services and supplies that can only be given under supervision of licensed or skilled medical personnel

Your family’s financial future and your independent living will depend on how carefully you shop. Be smart, understand the fine print and have any legalese translated so you are sure you get what you are paying for.

DarrasLaw is Americas' most honored and decorated disability litigation firm in the country. Mr. Darras has seen more, evaluated more, litigated more, and resolved more individual and group long term disability and long-term care cases than any other lawyer in the United States.

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